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HomeMy WebLinkAbout03-2001 CLYDE AND TERESA KING Plaintiffs IN THE COURT OF COMM:ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03- /)(X) I 6' v,/ AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBll..E CLUB, ALICE AND BETTY ADLER Defendants : PRAECIPE FOR WRIT OF SUMMONS Please initiate a Civil Action against Defendant AAA Central Penn and AAA Central Penn Automobile Club at 3433 Trindle Road, Camp Hill, P A 17011 and Alice and Betty Adler at P. O. Box 622, Lemoyne, P A. 4 Writ of Summons shall be issued and forwarded to the Sherifffor service upon the Defendant. . Qi Th~Bre ,sq. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill No. 32085 (717) 234-4161 Date:~ WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST yOU. A'/C~ ~ . Prothonotary ~ Date: 0 ~~J2 rJ 8 :J.0a3 By. ~~#f~/f'1 ~0 ~~ ~ "- '--A.) ~ ~) ~ 0;- ~ '--- '--- ~ -~-:7 ~ ~ --- ^' ''::> :'.:1 r<' "'\ '"''I () o s; iff? &5r~ -, ,--..;: ,- ':L~ ~' :,) t=::. G\ \, ::t'=-> i . ,) .,~ .} -.) .. ~,.. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Jobn Flounlacker, Esquire Attorney !.D. 73112 (717)237-7134 Attorneys for Defendant CLYDE and TERESA KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2001 AM CENTRAL PENN, AM CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendants, AM Central Penn and AM Central Penn Automobile Club in the above-captioned case. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: 5/.). '1/03 By: Jo lounlacker, Esquire Attorney J.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7134 CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP Dated: 6/Y(o 3 Je . 0 c:> 0 c W --;1 ? -, -od:~ c...:: '\ , mrr~ ::t:: r--~' Z:-J I f;, 2:'. ~;~ \? (f; (.'- " "< C) yr~~ .", -.:, ~C .- :i (.') 4C' Cd .:j,T1 ;i> c:, '. ."/ ::> "',-. s....~ -n .." (]1 ::< -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 John Flounlacker, Esquire AttomeyI.D.73112 (717)237-7134 Attorneys for Defendant CLYDE and TERESA KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO FILE A COMPLAINT TO THE PROTHONOTARY: Please enter a RULE upon Plaintiffs to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. THOMAS, THOMAS & HAFER, LLP J Flounlacker, Esquire Counsel for Defendant RULE TO FILE A COMPLAINT AND NOW, this 5~ay of 'C]i;(lC!. ,2003, a RULE is hereby granted upon Plaintiffs to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. PR~~~ () c> 0 C w -" $: C- ...., -olT ~ -1:-1'1 n~lrJ : ::z 'li"-'" Z:r: I 1'(1 Z~ (-:~J en . tJ) -< (:.) r-.' -U l"1 ......'. " ~C ::l.: () ":::"c' :-J 3m 5>.: c_ .., . :::> ._~ :::0 =< ..... -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Atromey J.D. 73112 (717)237-7134 Attorneys for Defendant CLYDE and TERESA KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIfiCATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the Rule to File a Complaint dated June 5, 20m, was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP Dated: (p{ 10/6 3 . '/~ e L. Kawalec () C :?'" lJlT 01[~' Z.. /~C U.Jc:' --'" .,' ~C 2': ( . Z{.] >c ~7 :';1 -~ o c.) o -n , ,...... l...... -;~ I""; !0 ,~J r-) -1~ . }f::3 _)"1 -, J'". ".0 =< :..) fv SHERIFF'S RETURN - REGULAR CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon AAA CENTRAL PENN the DEFENDANT , at 1604:00 HOURS, on the 5th day of May , 2003 at 3433 TRINDLE ROAD CAMP HILL, PA 17011 by handing to SUE BEARD, MANAGER, ADULT IN CHARGE 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 9.66 .00 10.00 .00 37.66 So Answers: r~~ R. Thomas Kline OS/28/2003 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before By: (3S!sheriff r;t:-' me this /2 ~ day of ~u-:2v-P-.3 A. D . q~h~o~.yf SHERIFF'S RETURN - REGULAR CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon AAA CENTRAL PENN AUTOMOBILE CLUB the DEFENDANT , at 1604:00 HOURS, on the 5th day of May , 2003 at 3433 TRINDLE ROAD CAMP HILL, PA 17011 by handing to SUE BEARD, MANAGER, ADULT IN CHARGE 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 6.00 .00 .00 10.00 .00 16.00 So Answers: ~':'-~~....~ ~ A "..w-~-;^;--""..._._ .,,<1 '"'~~- ., J R. Thomas Kline me this <<.0 /.:<. ~ day of OS/28/2003 GOLDBERG KATZMAN SHIPMAN ?pu~riff By: Sworn and Subscribed to before Olvu- 2/.Jt;..3 A. D . '~ {2~.~ P othonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ADLER ALICE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within WRIT OF SUMMONS On May 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 35.25 .00 60.25 OS/28/2003 GOLDBERG KATZMAN ~ ------ County SHIPMAN Sworn and subscribed to before me this jj.'!!- day o~ ;20713 A.D. ~M/~.>~ Prothonotary' I @ffb:e of tqr ~4rriff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KING TERESA & CLYDE vs County of Dauphin ADLER ALICE Sheriff's Return No. 1124 -T - -2003 OTHER COUNTY NO. 03 2001 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ADLER ALICE the DEFENDANT named in the wi thin WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 21, 2003 NEED BETTER ADDRESS. BUSINESS OCCUPIES ADDRESS: COMP SERVICES SINCE JAN 99 Sworn and subscribed to ~'(i~ ~;;:;oo, So Answers, JR~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $35.25 PD 05/12/2003 RCPT NO 178684 In The Court of Common Pleas of Cumberland County, Pennsylvania Clyde and Teresa King vs. MA Central Penn et al SERVE: Alice Adler No. 03-2001 civil Now, May 5,2003 _, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ./)#' ~ .~~~<"4~4 Shentf of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ADLER BETTY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, pennsylvania, to serve the within WRIT OF SUMMONS On May 28th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 OS/28/2003 GOLDBERG KATZMAN Tomas Kline ---. iff of Cumberland County SHIPMAN Sworn and subscribed to before me this j:i~ day of 9"""-' , ;l>>.d A. D. C},u prGh~:~ ' , ~ @ffict of tfr~ ~4~riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania KING TERESA & CLYDE vs County of Dauphin ADLER ALICE Sheriff's Return No. 1124-T - -2003 OTHER COUNTY NO. 03 2001 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for ADLER BETTY the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, May 21, 2003 NEED BETTER ADDRESS. BUSINESS OCCUPIES ADDRESS: COMP SERVICES SINCE JAN 99 Sworn and subscribed to . .~..~-:;~ '~"~=~,oo, .. ji:~ Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $35.25 PD 05/12/2003 RCPT NO 178684 In The Court of Common Pleas of Cumberland County, Pennsylvania Clyde and Teresa King VS. AAA Central Penn et al SERVE: Betty Adler 03-2001 civil No. Now, May 5,2003 , T, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~1'7/ ~~. .r ....~..."""""< -7' _.ee..-:..i" Sheriff of Cumherland County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MlLEAGE AFFIDA VIT $ $ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLYDE AND TERESA KING v. No. o3-2aJ( (") c,.) 0 c: c,,:, -il ~~ ....;100 -0 ,':-, --0 ,"-,--" J= ("n c, ~U I Z "'-J rn Z ;=- '~-:J en GO . ; -< (.~.J t;::: ( ~ ~ c: - .. , .' 5> c:: :..) en C~~ -;';' :'::j '.,.J -.. (.:;) AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants : PRAECIPE FOR WRIT OF SUMMONS Please initiate a Civil Action against Defendant AAA Central Penn and AAA Central Penn Automobile Club at 3433 Trindle Road, Camp Hill, P A 170 II and Alice and Betty Adler at P.O. Box 622, Lemoyne, PA. L Writ of Summons shall be issued and forwarded to the Sherifffor service upon the Defendant. ;~ TtfBre~. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 Supreme Court ill No. 32085 : ,I 8/ (717)234-4161 Date:~ZD3. ~ thJE etA'" ~FCiM RECORD :1 ., "11o"'Y """"'",,,J. i ",::1m ilnll; Silt my heoo WRIT OF SUMMON!~ ~ \'It l~ ':<:11 Car'oldel. PI. -- TO THE ABOVE NAMED DEFENDANTS: . /m,D "_ 11W\ J\b1) ~ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PL IFF HAS COMMENg;~ry ACTION AGAINST YOU. /1 I? p1 j;/cu;;;;];;;), '~q Prothonotary {;;r Date: {J.F )f(;;tOj By: 4~ ~74 Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CLYDE AND TERESA KING v. No. 03 - :Jt1O/ PRAECIPE FOR WRIT OF SUMMONS o C =<i"'" -or~ m(I'! Z:'i' 6~j;. -/ . ~(. ~~c "::"c'; );,"": :?' =::J. :..) - (:::J C) c :.,.. '-'} .:.) ~,) 'ji"',--, o -,-, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants : (:::.:; :-~-' ~-n . , ~_. Please initiate a Civil Action against Defendant AAA Central Penn and AAA Central Penn Automobile Club at 3433 Trindle Road, Camp Hill, PA 17011 and Alice and Betty Adler at P.O. Box 622, Lemoyne, PA. L Writ of Summons shall be issued and forwarded to the Sherifffor service upon the Defendant. . ;~ Ti!Bre~. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill No. 32085 ; II 8/ (717) 234-4161 Date: 11 Z . D3 l'RUE COPY FROM RECORD WRIT OF SUMMONS fA T8I6nony Whereof, I here unto set my-he:\, - tile seaJ of saId Court at ranlSle Pa TO THE ABOVE NAMED DEFENDANTS: ~.. ~~ilil/3- YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCE~~-- ACTION AGAINST YOu. /I t. V tiC..wJ/.- <4 1).;;( ry Prothonotary Date: () ~ :;Lg ()o{$ By: ~ #l1;i4f1f1 CLYDE AND THERESE KING Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants No. 03-2001 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en !as paginas siguientes, usted tiene viente (20) dias de plaza aI partir de Ia fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en Ia corte en fonna escrita sus defensas 0 sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTADEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 CLYDE AND THERESE KING Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants No. 03-2001 COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Plaintiffs Clyde and Therese King are adult individuals residing at 135 Summer Lane, Enola, Cumberland County, Pennsylvania. 2. Defendants AAA Central Penn and AAA Central Penn Automobile Club are business entities who maintain an office at 3433 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 3. Defendants Alice and Betty Adler are adult individuals who own the property located at 3433 Trindle Road, and maintain an office at 2505 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 4. The events hereinafter described, occurred on April 27, 2001 at the Trindle Road entrance to the building located at 3433 Trindle Road, Camp Hill, Pennsylvania. 5. On that date, Plaintiff Clyde King was a business invitee, seeking to enter into the offices of Defendants AAA, having approached the door on a wooden ramp, erected over a concrete slab that served as the entrance to the building. 6. As Plaintiff King attempted to enter the doorway, he encountered an unusual variance in elevation, caused by the construction of the slope of the entrance walkway, causing him to trip and fall over the threshold into the entranceway, striking a display positioned inside the office maintained by Defendants AAA. 7. As a direct result of the fall, Plaintiff Clyde King sustained injuries, including: a. aggravation of a pre-existing hip injury; b. the hip dislocated on several occasions since the fall; c. requirement that Mr. King require a brace to keep the hip in place; d. lacerations to his face; and 8. As a direct result of the fall and injuries sustained by Plaintiff Clyde King, he has been forced to incur medical expenses, lost wages, and an impairment of his earnings capacity. 9. As a direct result of the fall, Plaintiff Clyde King has had to forego life's pleasures, has incurred significant pain, suffering and emotional distress. COUNT I CLYDE KING v. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB 10. The averments of paragraphs 1 through 9 are incorporated herein by reference. 11. Defendants AAA Central Penn and AAA Central Penn Automobile Club were negligent, careless and reckless in that they: a. allowed a dangerous condition to exist in the walkway and landing area to the entrance to their offices; b. failed to warn business invitees of the unusual elevation leading to the threshold; and c. failed to maintain an entranceway that conforms to applicable building and safety codes. WHEREFORE, Plaintiff Clyde King demands Judgment against Defendant AAA Central Penn and AAA Central Penn Automobile Club, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. COUNT II CLYDE KING v. ALICE AND BETTY ADLER 12. The averments of paragraphs 1 through 9 are incorporated herein by reference. 13. Defendants Alice and Betty Adler were negligent, careless and reckless in that they: a. permitted a dangerous condition to exist at the entranceway to their building; b. failed to warm business invitees of the dangerous condition that existed at the entranceway of the building. c. failed to repair the wooden walkway so as to correct the change in elevation at the entranceway to the building; and d. maintained an entranceway for public access that did not comply with applicable state and federal standards. 14. As a result of the negligence, carelessness and recklessness of Defendants Adler, Plaintiff Clyde King sustained the injuries as set forth above. WHEREFORE, Plaintiff Clyde King demands Judgment against Defendants Alice and Betty Adler, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. COUNT m THERESA KING v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER 15. The averments of paragraphs 1 through 14 are incorporated herein by reference. 16. As a result of the injuries sustained by Clyde King, Plaintiff Therese King has been, and will be in the future, deprived of the assistance, companionship, consortium and society of her husband Clyde King, all of which have been and will be of great damage and loss to her. WHEREFORE, Plaintiff Therese King demands Judgment against the Defendants, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. GOLDBERG, KATZMAN & SmPMAN, P.C. ~. Date 7 ft7/o~ Tho renner, Esquire Attorney ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiffs VERIFICATION We, Clyde and Therese King, verify that we are the Plaintiffs herein, that we have read the foregoing Complaint and hereby affirm that it is true and correct to the best of om personallmowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ Clyde . g ~<iLJ- fT[~ h :X:,<-v Therese King '--{j Date: '1- J. t' 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the ( 7 !L___ day of ~ 2003, addressed as follows: John Flounacker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, P A 17108 Date: 11l1l~ GOLDBERG, KATZMAN & SHIPMAN, P.C. By (ii.~ 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs C) , '." '.;.l :,) c.) vt~ r) ""'] , .:: 'F) THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Hamsburg,PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW JURY TRLI>.L DEMANDED NOTICE TO PLEAD TO ALL PARTIES: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: r/J-t/o::J By: ()<0tJJAJlJJ~ #nlacker, Esquire Attorney LD. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA mos John Flounladrer, Esquire AttomeyI.D.73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS, AAA CENTRAL PENN and AAA CENTRAL PENN AUTOMOBILE CLUB'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW ONTO COURT, through undersigned counsel, comes the Defendants, AAA Central Penn and AAA Central Penn Automobile Club, who, in Answer to the Complaint of the Plaintiffs, respectfully represent that: I. It is admitted the Plaintiffs are who they say they are. 2. Admitted. 3. The averments in this paragraph are directed towards another party and therefore no answer is required. 4. The averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). 5. Denied as stated. By way of further explanation the Answering Defendant admits that the Plaintiff visited their business. 6. The averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). 7. The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiff's injuries amount to legal conclusions which require no answ'~rs, said allegations or inferences being specifically denied. By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiffs complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, ifrelevant. 8. The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiffs injuries amount to legal conclusions which require no answers, said allegations or inferences being specifically denied. By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiff's complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 9. The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiff s injuries amount to legal conclusions which require no answers, said allegations or inferences being specifically denied. By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiff s complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. COUNT I CLYDEKINGv. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB 10. Paragraphs 1 through 9 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in fulL 11. The answering Defendant submits that an allegations contained within this paragraph of the Plaintiffs' Complaint alleging that the Answering Defendant was negligent, careless or reckless amount to legal conclusions which require no answer. By way of further explanation, said averments are specifically denied. a. It is denied that the Answering Defendant allowed a dangerous condition to exist in the walkway and landing area to the entrance to their offices. b. It is denied that the Answering Defendant failed to warn business invitees of the unusual elevation leading to the threshold. c. It is denied that the Answering Defendant failed to maintain an entranceway that conforms to applicable building and safety codes. COUNT II CLYDE KINGv. ALICE AND BETTY ADLER 12. Paragraphs 1 through 11 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in fulL 13-14. The averments in these paragraphs are directed towards another party and therefore no answer is required. COUNT III THERESA KING v. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER 15. Paragraphs 1 through 14 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full. 16. Answering Defendant submits that the allegations contained within this paragraph alleging that the Answering Defendant's conduct amounted to a cause for the Plaintiffs injuries and/or damages amount to legal conclusions which require, no answer. By way of further explanation, the Answering Defendant submits that the r,emains of the averments in this paragraph amount to legal conclusions which require no answer. By way of further explanation Answering Defendant must deny the remains of the averments in this paragraph as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth 0 fthe averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, ifrelevant. NEW MATTER 17. Future discovery may show that some and/or all of the Plaintiff's claims may be reduced and/or barred based on the Plaintiff's own negligence. 18. Future discovery may show the negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 19. Future discovery may show that none of the conduct on the part of the Answering Defendant played a substantial role in causing the Plaintiff's injuries. 20. Future discovery may show that the Defendant did not breach any duty that it may have owed to the Plaintiff at or around the time of this incident. WHEREFORE, Defendants, AAA Central Penn and AAA Central Penn Automobile Club, demand judgment in its favor and against Plaintiffs, Clyde and Therese King, with costs assessed to Plaintiffs. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date:4J.-'f/IJ3 237921.4 By: John Atto eyLD.#73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 VERIFICATION I, Sue Beard, Representative of Defendants AAA Central Penn, AAA Central Perm Automobile Club, hereby state that the statements made in the foregoing Answ,:r with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. . ...~OQr.lJ) SUE BEARD Q ~ / jf-/{lrO 1('1'>1 dM CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy ofthe foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 THOMAS, THOMAS & HAFER, LLP Dated:? / df/o-:s I~ eannie L. Kawalec () ~; :-0 C~,: 1"TirT, ~}.~i 6j~!-,:: ~t=-:; ~C] j;: ( ) c.: ~ :,., " '0 Q -n i~, " .. ',;", .1:'"' , ,'-;~ -...; ":::,. -.:.] -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney W. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW v. BRIAN L. WELLER, Additional Defendant JURY TRIAL DEMANDED 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 Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service 137 E. Market Street York,PA 17401 (717)854-8755 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlatker, Esquire AttomeyLD.73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COlJRT OF COMMON PLEAS COMBERLAND COONTY, PENNSYLVANIA v. NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AlITOMOBILE CLOB,: ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW v. BRIAN L. WELLER, Additional Defendant WRY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. lJsted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. lJsted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A ON ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA COY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGlJAR DONDE SE PUEDE CONSEGlJIR ASISTENCIA LEGAL: Lawyer Referral Service 137 E. Market Street York, PA 17401 (717)854-8755 THOMAS, THOMAS & HAFER. LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney tD. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, CNIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant JURY TRIAL DEMANDED JOINDER COMPLAINT OF DEFENDANTS, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB AGAINST ADDITIONAL DEFENDANT, BRIAN L. WELLER AND NOW COME, Defendants AAA Central Penn, AAA Central Penn Automobile Club, (hereinafter referred to as" Defendant AAA"), by and through their counsel, Thomas, Thomas & Hafer, LLP, and files this Joinder Complaint against Brian L. Weller as Additional Defendant, and in support thereof avers as follows: I. On or about July 18, 2003, Plaintiffs filed a Complaint against Defendant AAA. A copy of the Complaint is attached hereto as Exhibit A. 2. Without admitting the allegations of the Plaintiffs' Complaint, the averments of the Plaintiffs Complaint are specifically incorporated by referenced herein and against the Additional Defendant, Brian Weller. 3. On September 2,2003, Defendant AAA filed an Answer with New Matter to the Plaintiffs' Complaint. The Answer with New Matter are incorporated herein against the Additional Defendant as if set forth in length and attached hereto as Exhibit B. 4. Additional Defendant Weller is an individual or is a business with an address of 453 Pleasantview Road, New Cumberland, Pel1l1sylvania 17070. 5. Plaintiffs claim that they were injured as a result of a handicapped entranceway which was allegedly a dangerous condition because of a failure to conform to applicable building codes and regulations. See Exhibit A. 6. On or about April 29, 2001, Additional Defendant Weller built and installed the handicapped walkway in question in accordance with the terms of his proposal. A copy of the job work order from Additional Defendant Weller for the completion ofthis project is attached hereto as Exhibit B. 7. Additional Defendant at all times represente:d to Defendant AAA that the handicapped walkway in question was being built and installed according to the specifications set forth in the Pel1l1sylvania "Physically Handicapped Act." A copy of the proposal for the handicapped walkway in question is attacht:d hereto as Exhibit C. 8. If the averments contained in the Plaintiffs' Complaint are true and correct and established at the time of trial, any such averments of negligence and or responsibility for the Plaintiffs' injuries and damages are specifically denied by the original Defendants, then the original Defendants aver that the Additional Defendant Weller is alone liable to Plaintiffs, jointly and/or severally liable over to the original Defendants, and/or liable over to the original Defendants for contribution and/or indemnity on the cause of actions that have been asserted by the Plaintiff herein. WHEREFORE, the original Defendants AAA demand judgment against Additional Defendant Brian L. Weller for contribution and/or indemnification on the causes of action asserted by the Plaintiffs and for the relit:f as identified in the original Defendants' Joinder Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: q ( f1{O:) By: Jo lacker, Es 're Attorney LD. # 73112 Shawn E. Smith, Esquire Attorney LD. # 86121 P.O. Box 999 305 N. Front Street Harrisburg, P A 17108-0999 (717)237-7101 CLYDE AND lHERESE KING Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BElTY ADLER Defendants No. 03-2001 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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 TIITS 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en !as paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de 1a fecha de la demanda y 1a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones a!as demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cua1quier quja 0 puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. - LLEVEESTADEMANDAA UN ABOGADO IMMEDIATAMENTE. SINO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRAESCRITA ABAIO PARA A VERIGUAR DONDE SE PUEDE CONSEGDm ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 CLYDE AND THERESE KING Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants No. 03-2001 COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Plaintiffs Clyde and Therese King are adult individuals residing at 135 Summer Lane, Enol8o Cumberland County, Pennsylvania. 2. Defendants AAA Central Penn and AAA Central Penn Automobile Club are business entities who maintain an office at 3433 Trindle Road, Camp Hill, Cumberland Count-I, Pennsylvania. 3. Defendants Alice and Betty Adler are adult individuals who own the property located at 3433 Trindle Road, and maintain an office at 2505 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 4. The events here~r described, occurred on April 27, 2001 at the Trindle Road entrance to the building located at 3433 Trindle Road, Camp Hill, Pennsylvania. 5. On that date, Plaintiff Clyde King was a business invitee, seeking to enter into the offices of Defendants A.AA, having approached the door on a wooden ramp, erected over a concrete slab that served as the entrance to the building. 6. As Plaintiff King attempted to enter the doorway, he encountered an unusual variance in elevation, caused by the construction of the slope of the entrance - - walkway, causing him to trip and fall o~ the thre,shold into the entranceway, striking a display positioned inside the office maintained by Defendants AAA. 7. As a direct result of the fall, Plaintiff Clyde King sustained injuries, including: a. aggravation of a pre-existing hip injury; b. the hip dislocated on several occasious since the fall; c. requirement that Mr. King require a brace to keep the: hip in place; d. lacerations to his face; and 8. As a direct result of the fall and injuries sustained by Plaintiff Clyde King, he has been forced to incur medical expenses, lost wages, and an impairment ofhis earnings capacity. 9. As a direct result of the fall, Plaintiff Clyde King has had to forego life's pleasures, has incurred significant pain, suffering and emotional distress. COUNT I CLYDE KING v. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB 10. The averments of paragraphs 1 through 9 are incorPorated herein by reference. 11. Defendants AAA Central Penn and AAA Central Penn Automobile Club were negligent, careless and reckless in that they: a. allowed a dangerous condition to exist in the walkway and landing area to the entrance to their offices; b. failed to warn business invitees of the unusual elevation leading to the threshold; and c. failed to maintain an entranceway that conforms to applicable building and safety codes. WHEREFORE, Plaintiff Clyde King demands Judgment against Defendant AAA Central Penn and AAA Central Penn Automobile Club, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit COUNT II CLYDE KING v. ALICE AND BETTY ADLER 12. The averments of paragraphs 1 through 9 are incorporated herein by reference. 13. Defendants Alice and Betty Adler were negligent, careless and reckless in that they: a. permitted a dangerous condition to exist at the entranceway to their building; b. failed to warm business invitees of the dangerous condition that existed at the entranceway of the building. c. failed to repair the wooden walkway so as to correct the change in elevation at the entranceway to the building; and d. maintained an entranceway for public access that did not comply with applicable state and federal standards. 14. As a result of the negligence, carelessness and recklessness of Defendants Adler, Plaintiff Clyde King sustained the injuries as set forth above. WHEREFORE, Plaintiff Clyde King demands Judgment against Defendants Alice and Betty Adler, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. COUNT m THERESA KING v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER 15. The averments of paragraphs 1 through 14 are incorporated herein by reference. 16. As a result of the injuries sustained by Clyde King, Plaintiff Therese King has been, and will be in the future, deprived of the assistance, companionship, consortium and society of her husband Clyde King, all of which have been and will be of great damage and loss to her. WHEREFORE, Plaintiff Therese King demands Judgment against the Defendants, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date By: Thomas E. Brenner, Esquire Attorney ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiffs VERll'ICATlON We, Clyde and Therese King, verify that we are the Plaintiffs herein, that we have read the foregoing Complaint and hereby affirm that it is true and correct to the best of our personal knowledge, information and belief. This Verification and statement is made subject to the penalties oflS Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~h .(., - Clyde . g !:, ~ .X~ (j~ lJ Therese King Date: '!- J. t 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, I ( 7 {"'- postage prepaid, at Harrisburg, Pennsylvania, on the day of M c 2003, addressed as follows: John Flounacker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. .------ Date: 1Il1(<55 By: To, Brenner - I.D. No, 32085 320 Market Street P,O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs 1filM.. BRIAN l. WELLER, ~ 453 Pleasa ntview Road NEW CUMBERLAND, PA 17070 Phone 938.6807 ~@rn W@OOGZ @OO[Q)~[fd N9 0200 M 'S OR R N PHON ME H J H 'P ,,. BII.l. TO 'i /~q /91 A 0 55 AKEN BY , 701\ o DAY WORK o CONTRACT DEXTRA oJ A AN 1..0 J P N , N lo..'ba.... S i'r\<l,,\<>..r,,~ -tt'\ \::,...:.\A ~ '''-''''f r;i:><,-+k \>J.'{S;c.a.\.\y ~a^(1,(.CJ'W'>!). a. ::J.o f=eC S<2cl",oN oct- S\.l-<. i. "'\ "-) ~. C)'o.^&.e. "\Wt> o.M("'S. \,\~u<.'\" ~s ~~ Cuo-\e..! \tc~o,oo f ~ (' j.. l<.. 4\. 6~r;;S'9 'f'~ ~ --fi..A :. :e w.1J~O.. TOTAl MATERIALS TOTAL LABOR TAX DATE CjMPLETjO I WORK ORDEREO BY TOTAL AMOUNT *..50 CO Signature PRODU:T25B-2/NlfR/IIIC. llnllanM..s.CI471. o No one home 0 Total amount due for above work: or o Total billing to be mailed after completion of work J hereby acknowledge the eall.factory completion of the above deacnbed work. ~~ r\() f'05o.. \ """\ 0 : Afl..-f'{ s O~~.l~ :;LI"'~ ,\,',,,,- ~\-e.. \<-0- .., :7:;' CaMf N'dl,PA 1'011 _ BRIAN WELLER 453 Pleasantview Road NEW CUMBERLAND, PA 17070 Phone 938.6807 ~. 0.. <..c:..c.,J,... "j i' t\"",}.\ '-C\.ffeo. Ac.-\: Sf> ro~o.3O,\ -to +\.,,~ "h 'b", IJ. 0.. \ """f 1=0 r +i-.<c ph ys ; c 0.. \ \ Y h 0v1 d l c... ff'ed Sf'ec. F:C."--\:,OI'\.S S€..:\- ~.rih i ^ +h~ .' P/-'ys'e..;.lly for +i.e. S-i.-o...-te of rel\f\SY\..".N\io.. ," 1\,,(. fic;.'th.r7"\ is L "pp""r',^__,\-.\y (""' Ll \I X ," I vo/I .. ..:,.1]"..... .\ I' +\\ De.. M, " "'~ - '" r ...... 0 ~ r ~'tm\F o..ff'r6)(.I'YI.t<-'tely :; i '-I (......J;a~ P) -e..\-e'-let\ Y-€.e.;-t. \c"'5 ,:..vi'll" Gl- r-"":,bnj 01^l +).e. Ou+S.d.e. ~OI\H,..~c.-kc\ w\-\\" f,(..l:::e..h' 0," (pi' c.-€I'--t-~_ ~ f'io..-\-f~.f"-) E<w.,f)tVldll.\~li('1 w)11 be. I" . ,'..,. a o~ D,..~SS",,!"E'- \-re..a...\::.;:.J. \ \...JfY\.w. 11-..t fi.... t forI''' <'MeA r "fL) f<.",^",p ,-o",S"'t'r'..1-'~ - \ ,-,->,\'1 Ix.. <:'OYe\~ <....u,"<:t..-. Il\door'(o,....f:d.<Or" (.",rf'<a.'\:, \)...,;s pl"!lp"s..~\ C\.lsa '; /\c. \vd.<S 'H,,&-to..\\c1, '<01\. "~o.. f\<W lio,,'" OA +k... !"v\A.;" en '\-r<\Ace. Ov-..o.. ~ Co",CS'-<:.~ t..-"",\K 'e:x.~I\.J..,'^j GlfP....o)(.''''''':\:-4y .xl:>' fra"" -\'~ ~NJI\,~ of -tk.L c....c. -\-0 ~ On'c..e. 'Cx;s+:'''j s; .Il.~~l;;. -tk->t if _lo.: F<\r"o..\dls -rr'i".u~ R.o"'-'~. , lete in accordance with above specifications, and subject to WE PROPOSE to furnish labor and matenal - comp f' conditions found on both sides of this agreement, for the sum 0 , . I" C- D () ) - dollars ($ f.'!.<!.j 0 . _ _ ' S\)'~kA.. l-\u~ ~ ~\H-y - \" ~',,, )'" t\ ~,,~ U~"I\. (' "'''^I''k'''~''' 0 f f'" )eLi Payment to be made as follows: ,,~""^ "fj t" $ nd conditions are sat/stac- ACCEPTED. The above prices. specI ca Ion ut~orized to do the work as tory and are herebY",., Obceptedd" y~U o~~;;n:d above. (Read reverse side). specified. Payment WI e me e a ~ \~l \01\ Respectfully submitted. LESTER & BRIAN WELLER Date of Accept a9...Y.~ ';f:. {.. 01 do..- By By . I b withdrawn by us jf not accepted within :Thls propos.! may e days. VERIFICATION I, Shawn E, Smith, Esquire, attorney for the Defendant, AAA Central Penn, AAA Central Penn Automobile Club, herein state that the facts as set forth in the foregoing Joinder Complaint are true and correct to the best of my knowledge and belief. This Verification is not made by the party because of the timely nature of this document and the present unavailability of my client to sign this Verification. '1fq103 SHA CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P,C, 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP Dated: ,/0/0") 'j~/ annie L. Kawalec \~, r~. f~: \ ,-' 5 €? jJ n C. --, -, , ) 'I "J c.:...-' ,) (") :i", ~-- " ,~ :.J) -< CLYDE AND THERESE KING Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants No. 03-2001 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AM CENTRAL PENN AND AM CENTRAL PENN AUTOMOBILE CLUB AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P.C., who reply to the New Matter as follows: 17. Denied. This paragraph states a legal conclusion to which no response is necessary. IS. Denied. This paragraph states a legal conclusion to which no response is necessary. 19. Denied. This paragraph states a legal conclusion to which no response is necessary. 20. Denied. This paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Plaintiffs request that the New Matter of Defendants AAA Central Penn and AAA Central Penn Automobile Club be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: }~.~~ Date CP/t 7 /0) 100737.1 Thomas E, Brenner, Esquire Attorney ID#: 32085 PO Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Plaintiffs VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for the Plaintiffs herein and that I have read the foregoing document; that there are no new facts of record contained in the document and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. a~~ Thomas E. Brenner, Esquire CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: John Flounlacker, Esq. Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 1710S-0999 Date: 7 (r 7/0) GOLDBERG, KATZMAN & SHIPMAN, P.C. ""() By:~J~ Thomas E. Brenner, Esquire Attorney for Plaintiffs () c::- ;;:.ll" ~;.~ (': ' "- / Cl l.:" . ~~:~ -,., '1 -:; THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Jobn Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys fOT Defendant CLYDE and THERESE KING, Plaintiff i , IN THE COURT OF COMMON PLEAS l' CUMBERLAND COUNTY, PENNSYL V ANI NO. 03-20011 v AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant certifies that: 1. A Notice oflntent to Serve Subpoenas with copies ofthe subpoenas attached thereto was mailed or delivered to each party; 2, A copy of the Notice oflntent, including the proposed subpoenas, is attached to this Certificate; 3, Plaintiff's counsel, Thomas E. Brenner, Esquire, has waived the twenty (20) days' notice; and 4, The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate, THOMAS, THOMAS & HAFER, LLP Date: October 15, 2003 By: ~~~ ~UNLACKER Attorney for Defendant 261345-1 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant I I : IN THE COURT OF COMMON PLEAS I ~ CUMBERLAND COUNTY, PENNSYL V ANI! : NO. 03-2001 CLYDE and THERESE KING, Plaintiff v AAA CENTRAL PENN, : CNIL ACTION - LAW AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice, You have twenty (20) days from the d ate listed below in which to file of record and serve upon the undersigned an objection to thE3 subpoenas. If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: October 6, 2003 By: jyt, \J!?!(/ ~ JO N FLOUNLACKER Attorney for Defendant 259913-1 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-2001 AAA CENTRAL PENN, : CIVIL ACTION - LAW AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Soirit Hospital. 503 North 21st Street, Camo Hill. PA 17011-2204 (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: A comolete COOy of all records oertainina to Clvde R. KinCl (DOB: 5/23/261. includina but not limited to: admissions, ooerative reoorts. summaries, consultations. records of other health care oroviders. test results. reoorts of diaanostic studies. corresoondence and memos from 1990 to the present at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisbura. PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things n~quested 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999. Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-1 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-2001 AAA CENTRAL PENN, : CIVIL ACTION - LAW AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wm. Polacheck. Jr.. M.D., 875 Poplar Church Road. Camp Hill. PA 17011 (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: A complete copv of all records pertainina to Clvde R. Kina (DOB: 5/23/26), including but not limited to: hospitalization records. proaress notes, operative reports. summaries. consultations. records of other health care providers. test results. reports of diaanostic studies. correspondence and memos from 1990 to the present at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisbura. PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things mquested 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 fall to produce the documents or things required by this subpoena. wm,in twenty (20) days after its service. the party 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999. Harrisburg. PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT 10#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal ofthe Court Prothonotary/Clerk, Civil Division Deputy 259923-2 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 03-2001 AAA CENTRAL PENN, : CIVIL ACTION - LAW AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Camp Hill Fire Co.. PO Box 726, New Cumberland, PA 17070 (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: A complete copy of all records pertainina to Clvde R. Kina (DOB: 5/23/26). includina but not limited to: emeraency care records. medical records. correspondence. bills and memos reaardina the incident which took place on 4/27/01 at 3433 Trindle Road. Mechanicsbura. Pa at: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisbura. PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things re'quested 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 A TIORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-3 CERTIFICATE OF SERVICE AND NOW, this 6th day of October, I, DEENA B, MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 J1v" rt tl:/r, M/L Deena B. Morrison, Paraleg I 259913-1 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M, KATZMAN PAUL j. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEPFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO BENJAMIN D. ANDREOZZI 320 MARKET STREET. STRAWBERRY SQUARE P.O, Box 1268 0 HARRISBURG, PENNSYLVAI\'IA 17108-1268 717,234,4161' 717,234,6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P,C, ATTORNEYS AT LAW Deena B. Morrison, Paralegal Thomas, Thomas & Hafer, LLP 305 North Front Street P,O, Box 999 Harrisburg, P A 17108-0999 October 9, 2003 Re: Clyde and Teresa King v. AAA Central Penn Automobile Club Your File 347.30710 Dear Deena: I am in receipt of your October 6 letter indicating an intention to subpoena records with regard to my client, Clyde King. I waive the 20-day notice as reflected on the attached copy Ofthl: letter. I am requesting that you provide me with copies of any documents received from the physicians. TEB/sjb Enclosure 101560,1 Very truly yours, G )'0 ( ""<-<!..~ nas E, Brenner THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 i (717)237-7134 , Attorneys for Defendant I CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ! v NO. 03-200] AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 15th day of October 2003, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C, 320 Market Street PO Box 1268 Harrisburg, P A 17108-1268 /fwtf~- ~Jrrison, Paralega 261345-1 o ~;: i"I :~ ' c:ri1i :;;.~ , (!~' ~l~_ ;":l.' ~:-,-, ;p. ;-/ ;? --:I '"' ( (.;: :) ") -.1 c.. :.,.) ." h.:> ~< SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND , to wit: WELLER BRIAN L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS 16th , 2003 , this office was in receipt of the On October attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 33.68 .00 70.68 10/16/2003 THOMAS THOMAS ~- ,-;::=-.-:? ~ R. Thomas K~ Sheriff of Cumberland County HAFER Sworn and subscribed to before me this J. 3 Ad. day of (J)"r,;J.., . :;LO-D,3 A. D. ~ Q '\n,,€q. ,"cr< Prothonotary . COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY UNE .THRU .2 DO NOT DETACH ANY COPIES 2. cO~'(W:r.:'~Ol Civil (03-2001) 4. TYPE OF WRIT OR COMPLAINT 1. PLAINTIFF/Sf Clvde & Therese King 3. DEFENDANT/SI AAA Central Penn, et. a1. Camp. Joining Addl' Deft. SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. . Brian L. Weller 6. ADDRESS (STREET oR RF. B X NUMBER, APT NO., CITY, BORD, lWP., STATE AND ZIP CODE) AT 453 Pleasan Road, New Cumberland, PA 17070 7. INDICATE SERVICE: 0 PERSONAL :J PERSON IN CHARGE ~ DEPUTIZE ~n.aw:a 0 1ST CLASS MAIL 0 POSTED DOTHER NOW <j /19/03 ,20 _ I, SHERIFF OF - COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute t rit>amf'"make return . according to law, This deputization being made at the request and risk of the plaintiff, ~,?=."" SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WilL ASSIST IN EXPEDITING SERVICE: CUmberland OUT OF COUNTY CU~1BERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED SHAWN SMITH PO BOX 999 305 N. FRONT ST. HBG, PA 17108 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 237-7101 9-10-03 CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS UNE 13. I acknowledge receipt of the writ 14. DATE RECEIVED or complaint as indicated above. R. AHREN S 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED ( ) POE( ) OTHER ( o I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) fZ-- 0-- Bill A1I/ tv E tL6 Int. 22. REMARKS: (/ -J ~ ~~ 23. Advance Costs heck No 3D:il WILL 48. Signature of Foreign County Sheriff SIGNATURE 10-3-03 49. DATE 51. DATE RECEIVED 1. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office Johnson, Duffie, Stewart & Weidner By: C, Roy Weidner, Ir. LD, No, 19530 301 Market Street P, 0, Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant Brian L. Weller CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2001 v, MA CENTRAL PENN, MA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants v, BRIAN L. WELLER, Additional Defendant APPEARANCE AND NOW, this 2- 4~Of November, 2003, enter the appearance of C, ROY WEIDNER, JR.. 1.0, 19530. on behalf of Additional Defendant Brian L. Weller in the above captioned suit. ~RT'WLI"""H - C, Roy Weidner, Jr, :221287 10061-51 CERTIFICA TE OF SERVICE '* AND NOW, this;"I day of November, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,C, P,O, Box 1268 Harrisburg, PA 17108-1268 Shawn E, Smith, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P,O, Box 999 JOHNSON, DUFFIE. STEWART & WEIDNER BY:~~ ~ ' helle Hagy " - (") CJ 0 C C.') -n ~ ~ - , v ~'; -~) -1.\ fll _~f_::: j-:;"; Z ;'~ ;V , 1",-, :2- - , ".:';:r (/) (~ -< / , r::: ,.. :(,."' ~n :>?~ :~: . (,; ~ , I n ).~ '-R ~:~l :::> 'D (f' -< - - . CLYDE AND TERESA KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. No. 03-2001 AAA CENTRAL PENN; AAA CENTRAL PENN AUTOMOBILE: CLUB; ALICE AND BETTY ADLER. : Defendant PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate a copy of the Writ of Summons for service upon representatives of Defendants Alice Adler and Betty Adler. GOIDBERG,KATZMAN & SHlPMAN,P,C, C&~~ By: Date: November 26, 2003 Thomas E. Brenner, Esquire Attorney I.D, No, 32085 P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorneys for Plaintiffs ~ o 'CD ..., 'n ~ '~-n ;G ~ ~ en ::a Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D, No, ] 9530 301 Market Street P, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant, Brian L. Weller CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2001 v, AM CENTRAL PENN, AM CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants BRIAN L. WELLER, Additional Defendant NOTICE TO PLEAD TO: Clyde and Therese King clo Thomas E, Brenner, Esquire AAA Central Penn and AM Central Penn Automobile Club c/o John Flounlacker, Esquire AND NOW, this ~ay of December, 2003, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or jUdgment may be entered against you, :221541 10061-51 JOHNSON, DUFFIE, STEWART & WEIDNER ~ -) ~-~_" Jr, -, ' , "'~~"-' Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D, No, ] 9530 30] Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant, Brian L. Weller CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2001 v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB. ALICE and BETTY ADLER, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants BRIAN L. WELLER, Additional Defendant ADDITIONAL DEFENDANT'S ANSWER roJm~~COM~AWT~DE~N~N~ AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB A. AND NOW, this J. ~ay of December, 2003, comes Additional Defendant, Brian L. Weller, through his undersigned attorneys, and answers Defendants' Joinder Complaint against him as follows: 1, Admitted. 2, Denied. 3, Admitted in Part. Denied in Part. The filing of Defendant's answer to the complaint is admitted, The remainder of this averment is denied, 4, Admitted in Part. Denied in Part. Additional Defendant's identity is admitted, The remainder of this averment is denied, 5, Admitted. 6, Denied. On the contrary, as is evidenced by Exhibit B, the walkway was built and completed by Additional Defendant on or before April 29. 1991, 7, Denied. On the contrary, the only such representation is in Exhibit C which is incorporated by reference herein, 8, Denied. This averment is deemed denied as a conclusion of law to which no responsive pleading is required, WHEREFORE, Additional Defendant demands that Defendants' jOinder complaint against him be dismissed, NEW MA TTER - AFFIRMA T1VE DEFENSES STA TUTE OF LIMIT A TIONS 9, Based on the averments in the pleadings, this action was filed in excess of the time allowed by the applicable statutes of limitation, and the claims against Additional Defendant are, therefore, barred, WHEREFORE, Additional Defendant demands that Defendants' jOinder complaint against him be dismissed, STA TUTE OF REPOSE 10, The construction of the handicapped walkway referred to in Plaintiffs' and Defendants' complaints was completed by Additional Defendant on or before April 29, 1991, as evidenced by Exhibit C to Defendants' complaint against Additional Defendant. 11, If Plaintiff Clyde King was injured as complained of in his complaint, his injuries Occurred on April 27. 2001, 12, This action was commenced against Additional Defendant on September 10, 2003, 13. Based on the foregoing, this action was commenced in excess of the time allowed by the applicable statute of repose for construction projects. and the claims against Additional Defendant have, therefore, been barred, WHEREFORE, Additional Defendant demands that Defendants' jOinder complaint against him be dismissed, JOHNSON, DUFFIE, STEWART & WEIDNER ~dner, Jr, :221541 10061-51 VERIFICA TlON The undersigned says that the facts set forth in the foregoing are true and correct. This verification is made subject to the penalties of 18 Pa, C,S.A. ~ 4904, relating to unsworn falsifications to authorities, ~ -c:. I.. Brian L. Weller Dated: /1,/7-1 b } . CERTIFICA TE OF SERVICE AND NOW, this e1lKiday of December, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the United States Mail. first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,C, P,O, Box 1268 Harrisburg, PA 17108-1268 John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O, Box 999 JOHNSON. DUFFIE, STEWART & WEIDNER By: ~.L/~ ~ ' helle Hagy . ~ 0 ~ v:I "'- ~ ::;.1 -UCrJ .'''~ ~~i ('") ;;1F I :g~ ~f' c..:> 2( ..." :1: -H ~r :x 06 ,(:, r:- arn 5 c .. -"'I '2 ~ ~ (J'1 o CLYDE AND TERESA KING, Plaintiffs IN TIlE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. No. 03-2001 AAA CENTRAL PENN; AAA CENTRAL PENN AUTOMOBILECLUB; ALICE AND BETTY ADLER, Defendants v. BRIAN L. WELLER, Additional Defendant: PLAINTIFFS' REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT. BRIAN L. WELLER AND NOW, come Plaintiffs, Clyde and Therese King, by their attorneys, Goldberg, Katzman & Shipman, P.e. who reply to the New Matter of Additional Defendant Brian Weller: 9. Denied. The paragraph states a legal conclusion to which no response is necessary. 10. Denied. Plaintiffs have not been served with a copy of the Complaint against Additional Defendant and have not seen Exhibit "C" referenced in this pleading, 11. Admitted, 12. Denied. Plaintiffs are not in possession of documents showing when the additional defendant was joined. 13. Denied. The averments of paragraph 13 state a legal conclusion to which no response IS necessary. "WHEREFORE, Plaintiffs request the New Matter of Additional Defendant Brian Weller be dismissed, with prejudice. GOLDBERG,KA1ZMAN &SHIPMAN,P.C. By: a Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs Date: December 5, 2003 2 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Clyde and Therese King, Plaintiffs herein, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 1.L(~/D3 G~Wre 103407,1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served on this date a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 Roy C. Weidner, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, P A 17043 GOLDBERG, KATZMAN & SHIPMAN, p,c. By: Thomas . Brenner Date: December 5, 2003 103821.1 o c $: -p'~j t mi: Z--r :z~: en", j", -,"'-. kC PC' ?c: :'Pc.: z =< (-.' ,- i"'1 -, , \~ :":) :..r. () I' I"! ~~~l "b '< THOMAS. THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney I.D. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CIVIL ACTION - LAW : JURY TRIAL DEMANDED v BRIAN L. WELLER, Additional Defendant DEFENDANTS, AAA CENTRAL PENN and AAA CENTRAL PENN AUTOMOBILE CLUB'S ANSWER TO NEW MATTER OF ADDITIONAL DEFENDANT, BRIAN L. WELLER AND NOW ONTO COURT, through undersigned counsel, comes the Defendants, AAA Central Penn and AAA Central Penn Automobile Club, who, in Answer to the New Matter of Additional Defendant, Brian L. Weller, respectfully represents that: 9, Answering Defendant submits that the allegations containd within this paragraph of the Additional Defendant's New Matter amount to legal conclusions which require no answer. 10, Answering Defendant denies the allegations contained within this paragraph are denied generally in accordance with Pa,R.C,P. 1029(e), By way of further explanation, the Answering Defendant submits that the Exhibit C referred to in the Additional Defendant's New Matter speaks for itself 11, Answering Defendant denies the allegations contained within this paragraph are denied generally in accordance with Pa,R.C.P, 1029(e), 12, Answering Defendant denies the allegations contained within this paragraph are denied generally in accordance with Pa,R.C,P. 1029(e). 13, Answering Defendant submits that the allegations contained within this paragraph of the Additional Defendant's New Matter amount to legal condusions which require no answer, WHEREFORE, Defendants, AAA Central Penn and AAA Central Penn Automobile Club, demand judgment in its favor and against Plaintiffs, Clyde and Therese King, with costs assessed to Plaintiffs, Respectfully submitted, Date: 1,;.../ d- 'f /D 3 237921.4 THOMAS, THOMAS & HAFER, LLP By: (J,A/I,L ~_ ~lacker, Esquire Attorney LD, # 73112 P,O. Box 999 305 N, Front Street Harrisburg, P A 17108-0999 (717)237-7134 CERTIFICATE OF SERVIC]~ 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the enclosed document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P,C, 320 Market Street P,O. Box 1268 Harrisburg, P A 17108-1268 C, Roy Weidner, Jr. 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 THOMAS, THOMAS & HAFER, LLP Dated: I J-l :2 1/ () "3 J~l K1~ 1/ 0 t; 0 ~; = I't '-~ "\;t!i c::, --j f"J'iJj /'T", .:r ~r1 "":>-..., c-;, nlp.=.:: ~~: ;,~ W -"'m v! ~1:. Co cr; "'...., C) 'J F: ~.-tC -0 ~~ ~; ii; :::t~ (~f;~ - ~-..I -" <./1 :0 -< (J~ -< THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John FlouDlacker, Esquire Attorney 1.0, 73112 (717)237-7134 Attorneys for Defendant . CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETfY ADLER, Defendants : CNIL ACTION - LAW v, BRIAN L. WELLER, Additional Defendant : JURY TRIAJ~ DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant certifies that: 1, A Notice ofIntent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3, Plaintiffs counsel, Thomas E, Brenner, Esquire, has waived the twenty (20) days' notice; and 4, The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate. THOMAS, THOMAS & HAFER, LLP Date: January 2, 2004 By: {J%t ~C~~ ~LOUNLACKER Attorney for Defendant 271827-1 THOMAS. THOMAS & HAFER, LLP 305 North Front Street P,O, Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney LD. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 03-2001 v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CIVIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THIN13S FOR DiSCOVERY PURSUANT TO RULl:4009.21 . TO: Counsel of Record Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the d ate listed below in which to tile 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: December 11 , 2003 BY'~~ JOHN FLOUNLACKER Attorney for Defendant 259913-2 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2001. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CNIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRJAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Healthsouth Rehabilitation of MechanicsburCl (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: A complete copv of all records oertaininq to Clvde R. KinCl (DOB: 5/23/26), includinq but not limited to: evaluations. reports. summaries, consultations, proqress reports. records of other health care providers. test results. reports of diaqnostic studies. correspondence and memos from 1990 to the present at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) . 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT 10#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-4 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA v. : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, CIVIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Thomas P. Kunkle. D.O.. 500 Brandt Ave.. New Cumberland. PA 17070 (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: A complete copv of all records pertaininq to Clvde R. Kina (DOB: 5/23/26), includinq but not limited to: evaluations, reports. summaries. consultations. proqress reports, records of other health care oroviders, test results, reports of diaqnostic studies, correspondence and memos from 1990 to the present at: Thomas, Thomas & Hafer. llP. 305 N. Front Street. Harrisburq. PA 17101 (Address) 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 prepartng 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-5 CERTIFICATE OF SERVICE AND NOW, this 11th day of December, I, DEENA 8, MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 C. Roy Weidner, Jr., Esquire 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 259913-2 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-Z000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON 1. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO BENJAMIN D. ANDREOZZI 320 MARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBllRG, PENNSYLVANIA 17108-1268 717.234.4161' 717.234,6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW December 29,2003 Deena B. Morrison, Paralegal Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 RE: King v. AAA Central Penn No. 03-2001 Dear Deena: I signed the waiver of the 20-day period for subpoena of the medical records of HealthSouth Rehabilitation and Dr. Thomas Kunkle. Please provide a copy of any records generated in response to your subpoenas. Very truly yours, (7~y~ ,~s E. Brenner TEB:ak Enclosure 104516,1 PEe:? ATTORNEYS AT LAW ~ www.tth1aw.com THOMAS, THOMAS & HAFEl\ LLP 305 North Front Street, P,O, Box 999, Harrisburg, P A 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Deena B, Morrison, Paralegal (717) 237-7151 dmorrison@tthlaw,com December 11, 2003 Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P,O. Box 1268 Harrisburg, P A 17108-1268 re: Clyde & Teresa King v. AAA Central Penn Automobile Club Our File No.: 347.30710 Dear Attorney Brenner: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the twenty (20) days' notice, please sign where indicated and return a copy of this letter to me at your earliest convenience, Thank you for your attention to this matter. Sincerely, TH~ THOMAS & HAFER, LLP D='R~~~;,,-/{(j~ . /dbm:237768,9 Enclosure cc: C, Roy Weidner, Esquire (w/encl.) I, Thomas E. Brenner, Esquire, counsel for Plaintiffs, have no objection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the twenty-days' notice, Counsel for Defendant shaH provide me with copies of all records they obtain pursuant to these :~:~e~ aJl-- THOMAS E, BRENNER, ESQUIRE Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675 . Fax: (610) 868-1702 CERTIFICATE OF SERVICE AND NOW, this 2nd day of January, 2004, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, 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, first class, postage prepaid, to the following: Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P.C, 320 Market Street PO Box 1268 Harrisburg, P A 17108-1268 C, Roy Weidner, Jr. 301 Market Street P,O. Box 109 Lemoyne, P A 17043-0109 271827-1 o s:; ....., = ~::~ <- ~ .-4 ::r: f11FJ :;;1~ go ~::n Qo "":'::rn ~~ -f'" '"Q =< '~. ~;~ t (.r. '..> ...",.. ~. r....;> r"_J en CLYDE AND TERESA KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. No. 03-2001 AAA CENTRAL PENN; AAA CENTRAL PENN AUTOMOBILE CLUB; ALICE and BETIY ADLER, Defendants PRAECIPE TO REINSTATE TO THE PROTIIONOTARY: Please reinstate this Complaint for service upon Defendants Alice Adler and Betty Adler through their agent, Jim Stevens, at Property Management, Inc., 1300 Market Street, Lemoyne, Cumberland County. GOLDBERG,KATZMAN &SHIPMAN,P.C. ~ By: Date: January 21,2004 Thomas E, Brenner, Esquire Attorney LD. No, 32085 P.o. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served on this date a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 Roy C. Weidner, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, P A 17043 GOLDBERG, KATZMAN &SHIPMAN,P.C. :~ Thomas E, Brenner Date: January 21, 2004 103457,1 I' " i '~ , j;:Ti, :z '"~ N ~, 8 ; ~~ ~ w t5m ~ - ~. :;;: ~ .... .~~""_.CO~_" SHERIFF'S RETURN - REGULAR CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ADLER ALICE the DEFENDANT , at 1527:00 HOURS, on the 2nd day of February, 2004 at 1300 MARKET STREET CAMP HILL, PA 17011 by handing to JIM STEVENS, AUTHORIZED AGENT a true and attested copy of WRIT OF SUMMONS 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 10.35 .00 10.00 .00 38,35 ,y // 'r~-1"--~~ R, Thomas Kline 02/03/2004 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before By: ~sltI~ me thi s 'I Ie day of 1~;Jt()<f A,D. 0.. >nA~ ,(fP1 rothonotary I SHERIFF'S RETURN - REGULAR CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ADLER BETTY the DEFENDANT , at 1527:00 HOURS, on the 2nd day of February, 2004 at 1300 MARKET STREET CAMP HILL, PA 17011 by handing to JIM STEVENS, AUTHORIZED AGENT a true and attested copy of WRIT OF SUMMONS 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: rV~~~~ R. Thomas Kline 02/03/2004 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before By: I:h~ . Deputy Sher~ me this /f!!- day of d~ o/t7H A.D, (../ .,-,OJnd~~ ~othonotary . CLYDE AND THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE: CLUB, ALICE AND BETTY ADLER, JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance as counsel for Defendants, Alice and Betty Adler in the above-captioned action, Respectfully submitted, By: S & WOODSIDE 3401 North Fr nt Street p, 0, Box\59 0 Harrisburg; A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: ~/~!f/oet Attorneys for Defendants, Alice and Betty Adler 392109v1 CERTIFICATE OF SERVICE I hereby certify that I am serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P.e. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 Roy C. Weidner, Esquire Johnson, Duffie, Stewart & Weidner 30 I Market Street Lemoyne, P A 17043 Dated: February 25, 2004 392113v1 John Flounacker, Esquire Thomas, Thomas & Hafer P.O, Box 999 Harrisburg,PA 17108 ed, By: OODSIDE Craig A. St ne Esquire Sup, Ct, J.D. N . 15907 3401 North Front Street p, 0, Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendants, Alice and Betty Adler ~~) .\ \_- ~'~~ -< ...., = ..-:::;.") .r" -<1 r" c" f"'.) 0' o -n .-\ :1:-n rnj:'::::' -n\",T1 -.)0 a,S -:;J ::'r. ~~?, ~~ ::~\ -;"- ~~-~ ..--'~ -n -"- c.rt C' Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, p,c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attomeys for Plaintiffs CLYDE AND THERESE KING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A v. : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, : JURY TRIAL DEMANDED ALICE AND BETTY ADLER, Defendants v, BRIAN WEllER, Additional Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following paged, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and ftIing 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 proce1ed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WJ-IERE YOU CAN GET LEGAL HELP, Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, P A 17013 (717) 232-7536 N OT1 CIA Le has demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguintes, useted tiene viente (20) dias de plaza al partir de las fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus def)ensas 0 sus objectiones alas demandas en contra de su persona, Sea adisado que si usted no se defiende, la sin previo aviso 0 notificacion y por cualquier quja 0 puede perder dinero 0 sus propiendades 0 otros derechos importantes para us ted, LLEVE E..<;T A DEMANDA A UN ABOGADO 1MMEDIA T AMENTE, S1 NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUG1CIENTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OP1C1NA CUYA DIRECC190N SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR AS1STENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association Carlisle, P A 17013 (717) 232-7536 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,c. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs CLYDE AND THERESE KING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, P A v. : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, : JURY TRIAL DEMANDED ALICE AND BETIY ADLER, Defendants v, BRIAN WELLER, Additional Defendant AMENDED COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, p,c., who rue this amended complaint to substitute the Estates of the deceased Defendants: 1. Plaintiffs Clyde and Therese King are adult individuals residing at 13S Summer Lane, Enola, Cumberland County, Pennsylvania, 2, Defendants AAA Central Penn and AAA Central Penn Automobile Club are business entities who maintain an office at 3433 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. , .\ 3, Original Defendant Alice F. Adler is deceased, The proper Defendant is her Estate which is Janice F. Adler, Cynthia Adler McKee and Charles Adler III, Co- Executors of the Estate of Alice F. Adler. Defendant Betty Adler is now deceased, The proper party is Robert A. Adler and Paul J. Killion, co-executors of the Estate of Betty J. Adler, The decedents were the owners of the property located at 4344 Trindle Road, and prior to their death maintained an office at 2505 North Front Street, Harrisburg, Dauphin County, Pennsylvania, The agent for purposes of service is Jim Stevens of Property Managernent, Inc. 1300 Market Street, Lemoyne, Cumberland County, Pennsylvania, 4. The events hereinafter described, occurred on April 27, 2001 at the Trindle Road entrance to the building located at 3433 Trindle Road, Camp Hill, Pennsylvania, 5. On that date, Plaintiff Clyde King was a business invitee, seeking to enter into the offices of Defendants AM, having approached the door on a wooden ramp, erected over a concrete slab that served as the entrance to the building, 6. As Plaintiff King attempted to enter the doorway, he encountered an unusual variance in elevation, caused by the construction of the slope of the entrance walkway, causing him to trip and fall over the threshold into the entranceway, striking a display positioned inside the office maintained by Defendants AM, 7, As a direct result of the fall, Plaintiff Clyde King sustained injuries, including: 2 a. aggravation of a pre-existing hip injury; b, the hip dislocated on several occasions since the faIl; c, requirement that Mr. King require a brace to keep the hip in place; d. lacerations to his face; and 8, As a direct result of the fall and injuries sustained by Plaintiff Clyde King, he has been forced to incur medical expenses, lost wages, and an impairment of his earnings capacity, 9. As a direct result of the fall, Plaintiff Clyde King has had to forego life's pleasures, has incurred significant pain, suffering and emotional distress, COUNT I CLYDE KING v. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB 10. The averments of paragraphs 1 through 9 are incorporated herein by reference. 11. Defendants AAA Central Penn and AAA Central Penn Automobile Club were negligent, careless and reckless in that they: a, allowed a dangerous condition to exist in the walkway and landing area to the entrance to their offices; b. failed to warn business invitees of the unusual elevation ileading to the threshold; and 3 c, failed to maintain an entranceway that conforms to applicable building and safety codes. WHEREFORE, Plaintiff Clyde King demands Judgment against Defendant AAA Central Penn and AAA Central Penn Automobile Club, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. COUNT II CLYDE KING v. THE ESTATE OF ALICE F. ADLER AND THE ESTATE OF BETTY J. ADLER 12, The averments of paragraphs 1 through 9 are incorporated herein by reference, 13, Defendants Adler were negligent, careless and reckless in that they: a, permitted a dangerous condition to exist at the entranceway to their building; b, failed to warm business invitees of the dangerous condition that existed at the entranceway of the building, c. failed to repair the wooden walkway so as to correct the change in elevation at the entranceway to the building; and d, maintained an entranceway for public access that did not comply with applicable state and federal standards, 14, As a result of the negligence, carelessness and recklessness of Defendants Adler, Plaintiff Clyde King sustained the injuries as set forth above, 4 WHEREFORE, Plaintiff Clyde King demands Judgment against the Estates of Alice F. Adler and Betty J, Adler, jointly and severally, in an amount in excess of$25,000, together with interest and costs of suit. COUNT III THERESE KING v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ESTATES OF ALICE F. ADLER AND THE ESTATE OF BETTY J. ADLER 15, The averments of paragraphs 1 through 14 are incorporated herein by reference, 16, As a result of the injuries sustained by Clyde King, Plaintiff Therese King has been, and will be in the future, deprived of the assistance, cornpanionship, consortium and society of her husband Clyde King, all of which have been and will be of great damage and loss to her, WHEREFORE, Plaintiff Therese I<ing demands Judgment against the Defendants, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit, GOLDBERG,KATZMAN &SHIPl'vlAN,P,C. ..--~ ~ ~, '-, By: ~V(~ - .~ Thomas E. Brenner, Esquire Attorney ID#: 32085 PO Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Plaintiffs Date: March 29, 2004 5 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for Clyde and Therese King, the Plaintiffs herein, and that I have read the foregoing docurnent; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa,C.S. ~4904, relating to unsworn falsification to authorities, ~ //) W (/ . '~,..l~~rZt1" Thomas E. Brenner, Esquire --- Date: March 29, 2004 103407,] CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by placing a copy in the United States Mail, Certified Mail, at Harrisburg, Pennsylvania and addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 C. Roy Weidner, Esquire Johnson DuffY, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Craig A. Stone, Esquire Mette, Evans & Woodside, PC PO Box 5950 Harrisburg, P A 17110 GOLDBERG, KATZMAN & SHIPMAN, p,c. 0Ut~ By: I.e. '~ Thomas E. Brenner, Esquire Date: March 29, 2004 'of; n ~:..; "" c..-::> "'~ ..s:- o ., ~ rn:n r- -Of'n :Uy g(:> ";:~"i C q ;:2'ci "~jrll :--".. 5) ~< -"" ~; ;-.{} (~) a ~ r::' (..J W THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney 1.0. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW v : JURY TRIAL DEMANDED BRIAN WELLER, Additional Defendant NOTICE TO PLEAD TO ALL PARTIES: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you, Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By; ~ J Flounlacker, E~quire ttomey LD, # 73112 P,O, Box 999 305 N, Fron!1 Street Harrisburg, P A 17108-0999 Date: y f71 Ol/ THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounladrer, Esquire Attorney LD. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants CNIL ACTION - LAW v JURY TRlA.L DEMANDED BRIAN WELLER, Additional Defendant DEFENDANTS, AAA CENTRAL PENN and AAA CENTRAL PENN AUTOMOBILE CLUB'S ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT AND NOW ONTO COURT, through undersigned counsel, comes the Defendants, AAA Central Penn and AAA Central Penn Automobile Club, who, in Answer to the Amended Complaint of the Plaintiffs, respectfully represent that: 1, It is admitted the Plaintiffs are who they say they are, 2, Admitted, 3, The averments in this paragraph are directed towards another party and therefore no answer is required, 4, The averments in this paragraph are denied generally in accordance with Pa.R.C,P. 1029(e), 5, Denied as stated. By way of further explanation the Answering Defendant admits that the Plaintiff visited their premises, 6, The averments in this paragraph are denied generally in accordance with Pa,R.C,P, 1029(e), 7, The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiffs injuries amount to legal conclusions which require no answers, said allegations or inferences being specifically denied, By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiff s complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 8, The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiffs injuries amount to legal conclusions which require no answe:rs, said allegations or inferences being specifically denied, By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiffs complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 9. The Answering Defendant submits that any allegations in this paragraph suggesting that the answering Defendant's conduct amounted to a cause for the Plaintiff s injuries amount to legal conclusions which require no answers, said allegations or inferences being specifically denied, By way of further explanation, answering Defendant must deny the remains of the averments in this paragraph of Plaintiffs complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. COUNT I CLYDE KING v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB 10, Paragraphs 1 through 9 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full, 11, The answering Defendant submits that an allegations contained within this paragraph of the Plaintiffs' Complaint alleging that the Answering Defendant was negligent, careless or reckless amount to legal conclusions which require no answer. By way of further explanation, said averments are specifically denied, a, It is denied that the Answering Defendant allow,~d a dangerous condition to exist in the walkway and landing area to the entrance to their offices, b, It is denied that the Answering Defendant failed to warn business invitees of the unusual elevation leading to the threshold. c, It is denied that the Answering Defendant failed to maintain an entranceway that conforms to applicable building and safety codes, COUNT II CLYDE KING v. THE ESTATE OF ALICE F. ADLER AND THE ESTATE OF BETTY J. ADLER 12, Paragraphs 1 through 11 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full, 13-14, The averments in these paragraphs are din:cted towards another party and therefore no answer is required, COUNT III THERESA KING v. AAA CENTRAL PENN AAA CENTRAL PENN AUTOMOBILE CLUB, ESTATE OF ALICE F. ADLER AND THE ESTATE OF BETTY J. ADLER 15, Paragraphs 1 through 14 of Defendant's Answer are incorporated herein and made a part hereof as if set forth in full. 16. Answering Defendant submits that the allegations contained within this paragraph alleging that the Answering Defendant's conduct amounted to a cause for the Plaintiffs injuries and/or damages amount to legal conclusions which require no answer, By way of further explanation, the Answering Defendant submits that the remains of the averments in this paragraph amount to legal conclusions which require no answer, By way of further explanation Answering Defendant must deny the remains of the averments in this paragraph as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contain<~d in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. NEW MATTER 17, Future discovery may show that some and/or all of the Plaintiff's claims may be reduced and/or barred based on the Plaintiff's own negligence, 18, Future discovery may show the negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 19, Future discovery may show that none of the conduct on the part of the Answering Defendant played a substantial role in causing the Plaintiff's injuries, 20, Future discovery may show that the Defendant did not breach any duty that it may have owed to the Plaintiff at or around the time of this incident. WHEREFORE, Defendants, AAA Central Penn and AAA Central Penn Automobile Club, demand judgment in its favor and against Plaintiffs, Clyde and Therese King, with costs assessed to Plaintiffs. Respectfully submitted, Date: 4{.).lo~ 237921.7 (' ::OC\~~LLP ~llacker, Esquire Attorney LD, # 73112 P,O, Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 VERIFICATION I, John Flounlacker, Esquire, attorney for the Defendant, Defendants, AAA Central Penn and AAA Central Penn Automobile Club, herein state that tht: facts as set forth in the foregoing Answer with New Matter to Plaintiffs' Amended Complaint am true and correct to the best of my knowledge and belief, This Verification is not made by the party because of the timely nature of this document and the present unavailability of my client to sign this Verification, ,~ I ACKER, ESQUIRE CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the enclosed document( s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Bv First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C, 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 C, Roy Weidner, Jr, 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street P.O, Box 5950 Harrisburg, P A 17110-0950 THOMAS, THOMAS & HAFER, LLP Dated: V /4 IN .,/~ / / II 0 '" 0 co c~ c:..> "Tl .r:- J:'t.. :rJ :.:t,: ;-.lfQ -nf11 I --:(1 C:J 0' (~{S ~ ;T~:~ C) -- 7'5f'i1 C> ~J .J:~~ .,., ~, N -, THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 John Flounlacker, Esquire Attorney J.D. 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants : CNIL ACTION - LAW v, BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with a copy of the subpoena attached thereto was mailed or delivered to each party; 2, A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3, Plaintiffs' counsel, Thomas E, Brenner, Esquire, has waived the twenty (20) days' notice; and 4. The subpoena which will be served is identical to the subpoena which is attached to this Certificate. THOMAS, THOMAS & HAFER, LLP Date: April 8, 2004 BY:~~~ JOHN FLOUNLACKER Attorney ti)r Defendant 271827-2 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Hamsburg, PA 17108 John Flounlackerl Esquire Attorney],D, 73112 (717)237-7134 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v, : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CIVIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED NO,TICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND TmNGS FOR DISCOVERY PURSUANT TO RUI,E 4009.21 TO: Counsel of Record Defendant intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena, Ifno objection is ma.de, the subpoena will be served. THOMAS, THOMAS & HAFER, LLP Date: March 26, 2004 By:-2~~ JOHN FLOUNLACKER Attorney for Defendant 259913-3 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COJl.1MON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CIVIL ACTION - LAW Defendants v, BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Aetna US Healthcare. PO Box 1125. Blue Bell. PA 19422 (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: A complete copy of all records pertainina to Clyde R. Kina (OOB: 5/23/26; Policv #: ME 201498; DOL: 4/27/01), includina. but not limited to: applications for benefits. waae loss verifications. summary of pavments made, meidical records and reports. reports of independent medical exams, reports of diaanostic studies, surveillance reports and films. recorded statements. photoaraphs. correspondence and memos at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street. Harrisbura. PA 17101 (Address) 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 add res!, 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 comr,ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-6 CERTIFICATE OF SERVICE AND NOW, this 26th day of March 2004, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 C. Roy Weidner, Jr., Esquire 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 I " , I t' -/}, , ". ' tl . 'c, i I 1/ /}--.'/ . I Ae j I) . :. I! ifJ{!J-/J.hJ Deena B. Morrison, parillegg\ 259913-3 !~.: D,~ (,' i,. ;' 00 vvww.tthlaw.com THOMAS, THOMAS & HAFEF~ LLP ATTORNEYS AT LAW 305 North Front Street, P,O, Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Deena B, Morrison, Paralegal (717) 237-7/51 dmorrison@tthlaw,com March 26, 2004 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,C, 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 re: Clyde & Teresa King v. AAA Central Penn Automobile Club Our File No,: 347.30710 . Dear Attorney Brenner: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no obj ection to the subpoenaing of these records and are willing to waive the twenty (20) days' notice, please sign where indicated and return a copy of this letter to me at your earliest convenience, Thank you for your attention to this matter, Sincerely, THOMAS, THOMAS & HAFER, LLP dWL 'i! ilL ~) Deena B. Morrison, Paralega1 . - Idbm:237768,18 Enclosure cc: C, Roy Weidner, Esquire (w/encl.) I, Thomas E. Brenner, Esquire, counsel for Plaintiffs, have no objection to the serving of the subpoena identified in the attached Notice of Intent and hereby waive the twenty-days' notice, Counsel for Defendant shall provide me with copies of all records they obtain pursuant to this subpoena.,.,. . ~r D ,,/,,0/./_,,1 ( /y.<.. L:;1s,~,__ ate: ./, '" (, '1 \... ':> THOMAS E, BRENNER, ESQUIRE Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 . CERTIFICATE OF SERVICE AND NOW, this 8th day of April, 2004, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,C, 320 Market Street PO Box 1268 Harrisburg, P A 17108-1268 C. Roy Weidner, Jr, 301 Market Street P.O, Box 109 Lemoyne, PA 17043-0109 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N. Front Street P,O, Box 5950 Harrisburg, P A 1711 0-0950 / I &1 (/'","! r , . ~ / Deen B. Morrison, Paraleg 271827-2 n C' ....~ C;) ~ -,'::'f"" :'0 ;;~J o ,'\ '.... :l:...,., 1;1 F~ -~.,~'d ~;'-itJ ~~:~~ (~) ..,,-.-r, ;()=-";~J .-;;:,.. () .:'=:;';\ N L) .r CJ ,::! '< Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, p,c. PO Box 1268 Harrisburg, P A 17108-1268 717-234-4161 Attorneys for Plaintiffs CLYDE AND THERESE KING, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, P A v, : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, : JURY TRIAL DEMANDED ALICE AND BETTY ADLER, Defendants v, BRIAN WELLER, Additional Defendant PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS AAA CENTRAL PENN AND AAA CENTRAL PENN AUTOMOBILE CLUB AND NOW, come the Plaintiffs, by their attorneys, Goldberg, Katzman & Shipman, P,c., who state: 17, Denied. The paragraph states a legal conclusion to which no response is necessary, 18, Denied, The paragraph states a legal conclusion to which no response is necessary, 19, Denied, The paragraph states a legal conclusion to which no response is necessary, 20, Denied, The paragraph states a leb>a1 conclusion to which no response is necessary, WHEREFORE, Plaintiffs request that the New Matter of Defendants AAA Central Penn and AAA Central Penn Automobile Club be dismissed with prejudice, GOLDBERG,KATZMAN &SHIPMAN,P,C. Bya~ Thomas E, Brenner, Esquire Attorney ID#: 32085 PO Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Plaintiffs Date: April 14, 2004 2 VERIFICATION I, Thomas E, Brenner, Esquire, hereby acknowledge that I am the Attorney for Clyde and Therese King, the Plaintiffs herein, and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities, L homas E, Brenner, Esquire Date: April 14, 2004 103407,] CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by placing a copy in the United States Mail, Certified Mail, at Harrisburg, Pennsylvania and addressed as follows: John Flounlacker, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, P A 17108-0999 C. Roy Weidner, Estluire Johnson Duffy, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Craig A. Stone, Esquire Mette, Evans & Woodside, PC PO Box 5950 Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, p,c. By: ~~ , Brenner, Esquire Date: April 14, 2004 l0884J.l c~ c. .._. r:? ...." (".::-1 (;.:=) .1:.:- c. -, 1 '-I -r hl:'-.'l f- i1-1 ,J (jj (.., "". .. . . r. Cj CLYDE AND THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, AAA CENTRAL PENN, AAA CENlRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER, Defendants CIVIL ACTION - LAW NO, 03-2001 v. BRIAN 1. WELLER, Additional Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFFS c/o Thomas E, Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. By: itted, MET I 340 I North Front Street p, O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: April 19, 2004 Attorneys for Defendants, Alice and Betty Adler CLYDE AND THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER, Defendants CIVIL ACTION - LAW NO. 03-2001 v, BRIAN 1. WELLER, Additional Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS ALICE AND BETTY ADLER PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE l028(A){1) TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, come the Defendants, Alice and Betty Adler (hereinafter "Answering Defendants"), by their attorneys, Mette, Evans & Woodside, who assert Preliminary Objections to Plaintiffs' Amended Complaint as follows: 1, On or about April 28, 2003, the above-captioned action was commenced against Alice and Betty Adler by the filing of a Praecipe for a Writ of Summons, 2, Defendant Alice Adler died on December 9,1995, A copy ofa Short Certificate concerning her estate and date of death is attached hereto, made a part hereof and marked as Exhibit "I", 3, Defendant Betty Adler died on October 2, 2000. A copy of a Short Certificate concerning her estate and date of death is attached hereto, made a part hereof and marked as Exhibit "2". 4, On or about July 17, 2003, a Complaint was filed against Alice and Betty Adler. 5. Not having ever served the Writ of Summons on Alice and Betty Adler, on November 26,2003 Plaintiffs reinstated the Writ of Summons for that purpose, 6. Not having ever served the Complaint on Alice and Betty Adler, on November 21,2004, Plaintiffs reinstated the Complaint for that purpose. 7. On or about February 26, 2004, undersigned counsel entered an appearance for Defendants Alice and Betty Adler. 8. To date, there has never been proper service of process made upon Alice and Betty Adler. 9. Defendants Alice and Betty Adler therefore file this preliminary objection raising jurisdiction over the person of the Defendants for lack of service of a Writ of Summons or a Complaint. 10. Further, while ordinarily raised in Answer With New Matter, Plaintiffs have failed to serve the Estates or personal representatives of Alice or Betty Adler within the statute of limitations for plaintiffs' fall which is alleged to have occurred on April 27, 2001. WHEREFORE, Defendants Alice and Betty Adler demand that Plaintiffs' Complaint be dismissed for lack of service or jurisdiction over their By: 3401 North Front P. O. Box 5950 Harrisburg, P A 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: till '1/()</ Attorneys for Defendants, Alice and Betty Adler 2 396497vl STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, MARY C. LEWIS Register for the Probate of Wills and Granting Letters of Administration &c. in and for said County of CUMBERLAND do hereby certify that on the 28th day of December A.D., One Thousand Nine Hundred and Ninety-Five, Letters TESTAMENTARY estate of ADLER ALICE F (~~l, rlK~l, M1UUL~J in common form were granted by the Register of said County, on the , late of WORMLEYSBURG BOROUGH in said county, deceased, to CYNTHIA ADLER MCKEE \LAbl, r lKb'l, lVllUUL~i JANICE F ADLER \~bl, rlKbl, M1UUL~) CHARLES ADLER I I I (LAS1, rlKbl, M1UUL~J and and that same has not since been revoked. IN TESTIMONY WHEREOF, 'I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 12t.h day of February A.D., Two Thousand and Two. File No. 1994-01095 PA File No. 21-94-1095 Date of Death 12/09/1995 S.S. # 171-28-0172 ~//( (//Jji/./N/"t?//j /(l,i7' ./.10;-""7 Register ;,/- .' /' NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I, MARY C. LEWIS Register for the Probate of Wills and Granting Letters of Administration &c. in and for said County of CUMBERLAND do hereby certify that on the 6th day of February A.D., Two Thousand and One. Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of ADLER BETTY J - (LAb~, rlrtb~', OOlUUL~) , late of LOWER ALLEN TOWNSHIP in said county, deceased, to PAUL J KILLION (LAb'l', r lrtb~, OOlUUL~) ROBERT A ADLER lLA::n', rlrtb~, OOlUUL~) and and that same has not since been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 6tlh. day of February A.D., Two Thousand and One. File No. 2001-00149 PA File No. 21-01-0149 ~ //) r n ~ DaC. of DeaCh 10/02/2000 ~ C'. ~/#~j S.S. * 201-16-1582 Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements ofthe Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in th,~ United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 Roy C. Weidner, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, P A 17043 By: Dated: April 19, 2004 392113v1 John Flounacker, Esquire Thomas, Thomas & Hafer P.O, Box 999 Harrisburg,PA 17108 ME 3401 North Front P. O. Box 5950 Harrisburg, PA 17 10-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendants, Alice and Betty Adler ('\ ,..., f~; ~- J.- -\-1 ;;:iJ W -V o "" '.... -): -n i-ni';" 7,~~D ;:'~-; ()..: -.".. -~_... <.:? '., C) THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney J.D. 73112 (717)237,7l34 Attorneys for Defendant CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-200 l AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants : CNlL ACTION - LAW v, BRIAN L. WELLER, Additional Defendant : WRY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 400SI.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22, Defendant certifies that: 1. A Notice ofIntent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; 2. A copy ofthe Notice ofIntent, including the proposed subpoenas, is attached to this Certificate; 3. Plaintiffs' counsel, Thomas E. Brenner, Esquire, has waived the twenty (20) days' notice; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to this Certificate, THOMAS, THOMAS & HAFER, LLP Date: May 21, 2004 BY:~~ VC~ JOHN FLOUNLACKER Attorney for Defendant 271827-3 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 John Flounlacker, Esquire Attorney J.D. 73112 (717)237-7134 Attorneys fOT Defendant CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CNIL ACTION _ LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the onllS 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. Ifno objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: May 13, 2004 BY:~~~ JOHN FLOUNLACKER Attorney for Defendant 259913-3 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB,: ALICE and BETTY ADLER, : CIVIL ACTION - LAW Defendants v. BRIAN L. WELLER, Additional Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pa. 875 Poplar Church Road. Camp Hill. PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of all records pertainino to Clyde R. Kina (DOB: 5/23/26). including but not limited to: hospitalization records, proaress notes, operative reports. summaries. consultations, records of other health care providers. test results. reports of diaonostic studies, correspondence and memos from March 2003 to the present at: Thomas. Thomas & Hafer, LLP. 305 N. Front Street. Harrisburo, PA 17101 You may deliver or mall 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 addresil listed above. You have the right to seek In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-7 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERL.<\ND COUNTY, PENNSYLVANIA v, : NO. 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BErry ADLER, Defendants CIVIL ACTION - LAW v. BRIAN L. WELLER, Additional Defendant : JURY TRlAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holv Spirit Hospital. 503 North 21st Street. Camp Hill. PA 17011.2204 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copv of all records pertainina to Clvde R. Kina (oOB: 5/23/26), includina but not limited to: admissions. operative reports. summaries. consultations. records of other health care providers. test results. reports of diaanostic studies. correspondence and memos from March 2003 to the present at: Thomas. Thomas & Hafer. llP. 305 N. Front Street. Harrisbura. PA 17101 (Address) 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 tlllngs sought. If you fall to produce the documents or things required by this subpoena, ~rithin twenty (20) days after its service, the party 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-8 CLYDE and THERESE KING, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 03-2001 AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BEITY ADLER, Defendants : CNIL ACTION - LAW v, BRIAN L. WELLER, Additional Defendant : JURY TRLU DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Georae H. Harhiah. 00.25 South 35th Street. BOlx 245. Camp Hill. PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete copy of all records pertainina to Clvde R. Kina (DOB: 5/23/26). includina but not limited to: hospitalization records. proaress notes. operative reports. summaries. consultations. records of other health care providers. test results. reports of diaanostic studies. correspondence and memos from 1990 to the IPresent at: Thomas. Thomas & Hafer. LLP. 305 N. Front Street. Harrisbura. PA 17101 (Address) 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. THIS SUBPOENA WAS ISSUED AT THE REQUEST 01= THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P,O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7134 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 259923-9 CERTIFICATE OF SERVICE AND NOW, this 13th day of May 2004, I, DEENA B. MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. 320 Market Street PO Box 1268 Harrisburg,PA 17108-1268 C. Roy Weidner, Jr., Esquire 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street PO Box 5950 Harrisburg, PA 17110-0950 Mu, i ~AVh" Deel-ril 13~ Morrison, paf eg 259913-3 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951,2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PA(JL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KITTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Rosso MICHAEL J. CROCENZI THOJ\..IAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO 320 MARKET STREET. STRAWBERRY SQUARE P.O. Box 1268 . HARRISBURG, PENNSYLVANIA 17108-1268 717234,4161' 717,234,6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW May 19,2004 Deena B. Morrison, Paralegal Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, P A 17108-0999 RE: King v. AAA Central Penn No. 03-2001 Dear Deena: I note that you intend to issue additional subpoenas in this matter. I do not object tot he issuance of subpoenas but would request a copy of all records received in response to the subpoenas. Ve:Y-!J:uly yours, ./-- )'/1 /.' / i" i, vv,~. ',J /- \ -, //v~- , ..~.._--_._-- Thomas E. Brenner TEB:sjb Enclosure 108401.2 CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717 843.7912 qr"-~-;~:.; ,'0" , ,i'I""'" ~I WWW.tthlaw.com THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Street, P,O, Box 999, Harrisburg, P A 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Deena B, Morrison, Paralegal (717) 237-7151 dmorrison@tthlaw,com May 13, 2004 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 re: Clyde & Teresa King v. AAA Central Penn Automobile Club Our File No.: 347.30710 Dear Attorney Brenner: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these records and are willing to waive the twenty (20) days' notice, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter, Sincerely, , THOMAS & HAFER, LLP Deena Idbm:237768,20 Enclosure cc: C. Roy Weidner, Esquire (w/encl.) Craig A. Stone, Esquire (w/encl.) I, Thomas E. Brenner, Esquire, counsel for Plaintiffs, have no obj ection to the serving of the subpoenas identified in the attached Notice of Intent and hereby waive the twenty-days' notice, Counsel for Defendant shall provide me with copies of all records they obtain pursuant to these subpoenas. J Date: , J ) /l7jvV . ,~. <- , I v, ~/ i.-'l~'~j '_P.,-.;:.;I (.;. ~~__,,__..". THOMAS E. BRENNER, ESQUIRE Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 CERTIFICATE OF SERVICE AND NOW, this 21st of May, 2004, I, DEENAB, MORRISON, a Paralegal in the law firm of Thomas, Thomas & Hafer LLP, 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, first class, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 C. Roy Weidner, Jr. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Craig A. Stone, Esquire Mette, Evans & Woodside 3401 N, Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 271827-3 () C :~: ~~?:i . :'::.:r; ~~~ P,--; 7' .... >~ ~~ -< ....., = = ..,.. ::J:: :.'* -< '" +'" '"0 :Jo: (.,) ~ :rJ:Il n1, =39 06 -.t'T. ~::r.J zq r,' ~ ':0 '< CD PRAECIPE FOR LISTING CASE FOR J\.RGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: Please list the within matter for the next: o Pre-Trial Argument Court [SI Argument Court ---------------------------------------------------------------------. CAPTION OF CASE (entire caption must be stated in full) Clyde and Therese King, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, AAA Central Penn, AAA Central Penn Automobile Club, Alice and Betty Adler, Defendants v, Brian L. Weller, Additional Defendant OJ-~:(jOI No. 03 Civil Term 20 01 1. State matter to be argued (i.e., plaiutiffs motion for new trial, defendant's demurrer to compliant, etc.): Defendants, Alice and Betty Adler's Preliminary Objections to Plaintiffs' Amended Complaint filed with. the Court on 2. Identify counsel who will argue case: (a) for Plaintiffs: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.c., 320 Market Street, P. O. Box 1268, Harrisburg, PA 17108-1268 (b) for Defendant: Alice & Betty Adler - Michael D. Pipa, Esquire- 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 3. I will notify all parties in writiug within two days that this case has been listed for argument. 4. Argument Court Date: September 22, 2004 (jAA- Qj~ Michael D. Pip a (Attorneys for Defendant, Alice & Betty Adler) Dated: 9-01-04 105_ A ILIABIMEPISLPGI 1604871TNl\11190 13100 159 Clyde and Therese King, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY v. AAA Central Penn, AAA Central Penn Automobile Club, Alice and Betty Adler, Defendants CIVIL ACTION - LAW NO, 03-2001 v, Brian L. Weller, Additional Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the Praecipe to list the Preliminary Objections of Defendants Alice and Betty Adler for argument in the above-captioned matter this date by regular mail. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P,C. 320 Market Street P.O, Box 1268 Harrisburg, PA 17108-1268 John Flounacker, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Roy C. Weidner, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: Michael D. Pipa, Sup, Ct. I.D. # 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 DATE: 9/0 '/01 Attorneys for Defendants, Alice Adler and Betty Adler \05_A \L1AB\MEP\SLPG\ 160355\MEP\ 19013\00159 Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant, Brian L. Weller CLYDE and THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2001 CIVIL ACTION - LAW JURY TRIAL DEMANDED v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants BRIAN L. WELLER, Additional Defendant STlPULA TION TO DISCONTINUE AND NOW, this '26~ay of ~11"?r , 2004, Defendants Alice and Betty Adler, through their undersigned attorneys, stipulate, agree and consent to the discontinuance of the above captioned action against Additional Defendant Brian L. Weller pursuant to Pa. R. . . No. 229(a). By: , WARNER, :232951 10061-51 ...., e..::.:> c_~ ~- (f) ;'r'-, ~0 N c:> c.,.,) f'.' C) "', :~-,- lnr::-;o, :.f';~~ t),11 :'.~:! ~1-' I~-_-~ ("~.: ..-.~; \' \ ' '_-::~\ Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. J.D. No. 19530 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Additional Defendant, Brian L. Weller Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 03-2001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CLYDE and THERESE KING, v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, Defendants BRIAN L. WELLER, Additional Defendant PRAECIPE TO DISCONTINUE AND NOW, this {;fld. day of --.f}ult(.{~ ,2004. Defendants AAA Central Penn and AAA Central Penn Automobile Club. through their undersigned attorneys, discontinue the above captioned action against Additional Defendant Brian L. Weller pursuant to Pa. R.C.P. No. 229(a). THOMAS THOMAS & HAFER, LLP By: ohn~~~ Attorney 1.0. 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants AAA Central Penn and AAA Central Penn Automobile Club :232951 10061-51 N D #-i - ~ Cft tv -....c ....... r--.> <:::::;,. C.7J ~- o 'T) .-; :1: _c, (l~/_~ :~'l2; C)..J" ,';~; -' :~l :?i (/) p-; -"',i '" Cl .:J (.....,) i',) -, Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. J.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant, Brian L. Weller Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2001 CIVIL ACTION - LAW JURY TRIAL DEMANDED CLYDE and THERESE KING, v, AM CENTRAL PENN, AM CENTRAL PENN AUTOMOBILE CLUB, ALlCE and BETTY ADLER, Defendants BRIAN L. WELLER, Additional Defendant STIPULA TION TO DISCONTINUE AND NOW, this '10 day of ~ ~ _J +- , 2004, Plaintiffs Clyde King and Therese King, through their undersigned attorneys, stipulate, agree and consent to the discontinuance of the above captioned action against Additional Defendant Brian L. Weller pursuant to Pa. R.C.P. No. 229(a). GOlD~TZM & SHIPMAN, P,G BY:~ Thomas E. Brenner, Esquire Attorney 1.0. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs :232951 10061-51 t; ":_J x- (j) t'T; -\.,) r......' <= -Z) (:) -n .-< "" f~l :!J r"'-' -Ofn ~,;O ~~~~: S5.~~i ;_~1ri , W \,>,) ,-r--' Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D, No. 19530 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Additional Defendant, Brian L. Weller CLYDE and THERESE KING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 03-2001 v, CIVIL ACTION - LAW AAA CENTRAL PENN. AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE and BETTY ADLER, JURY TRIAL DEMANDED Defendants BRIAN L. WELLER, Additional Defendant STlPULA TION TO DISCONTINUE AND NOW, this 11~ day of 'SffJ Tr "i)(j~ 2004, Additional Defendant Brian L. Weller, through its undersigned attorneys, stipulates, agrees and consents to the discontinuance of the above-captioned action against him pursuant to Pa. RC,P, No, 229(a). JOHNSON, DUFFIE, STEWART & WEIDNER ~:2- " ,......__.,..,.::::::::-::=:~,..".- ~. By: ' ". /------- . Roy eidner, Jr. Attorney 1.0, No, 19530 301 Market Street P,O, Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Additional Defendant Brian L. Weller :232951 10061,51 Cl ....., 0 ,~"::l ~-~~ <..~.') " _I.:"~ c/', "-.J --c; r,,) CJ (- ,) - (..) " f\...) -< ." CLYDE KING and THERESE KING : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V, AAA CENTRAL PENN, : NO. 2003-2001 CIVIL TERM AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE & BETTY ADLER : CIVIL ACTION - LAW IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS ALICE ADLER AND BETTY ADLER TO PLAINTIFFS' AMENDED COMPLAIINT ORDER OF COURT AND NOW, this 20TH day ofJANUARY, 2005, it appearing that there are issues disputed facts that may impact upon the disposition ofthe preliminary objections of Defendants Alice Adler and Betty Adler, a hearing thereon is scheduled before the undersigned on MONDAY, FEBRUARY 14, 2005. at 3:00 lP.m. Edward E, Guido, J, Thomas E. Brenner, Esquire Craig A. Stone, Esquire ~ ~<<- 1_ ck,o') Michael D. Pipa, Esquire ~t. :sld ~ \-' \' <;:J (\'2. 01"" '~'; 'I - Thomas E, Brenner, Esquire #32085 Goldberg Katzman, P.e. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Counsel for Plaintiffs CLYDE AND THERESE KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANTA v, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE AND BETTY ADLER Defendants No, 03-2001 JURY TRIAL DEMANDED AFFIDAVIT OF COUNSEL I, Thomas E. Brenner, Esquire, of Goldberg KatzImm, P,c., state the following is true and correct to the best of my knowledge, information and belief: 1. Following injuries sustained by Clyde King in a fall at the AAA Central Penn office located at 3433 Trindle Road, Camp Hill, Pennsylvania, contact was made with the insurance carrier for AAA Central Penn and discussions ofliability and potential settlement of the claim were pursued. 2. As the statute of limitations date neared and the parties were unable to reach a settlement, litigation was commenced by a Writ of Summons on April 28, 2003, 3. In addition to AAA Central Penn, the owners of the building were identified as Betty and Alice Adler from land records of Cumberland County and named as parties. 4. The Sheriffs Return of May 21,2003, advised counsel that the Cumberland County Sheriff was unable to locate Betty or Alice Adler. 5. An investigator advised present counsel on June 18, 2003, that both Betty and Alice Adler were deceased. 6. Counsel ascertained the attorneys for the Estates, who were Jeffrey A. Ernico, Esquire, of Mette, Evans & Woodside, as counsel for the Estate of Alice Adler, and William Adler, Esquire, of Adler & Adler, was counsel for the Estate of Betty Adler, 7. The Complaint was filed on July 17, 2003, 8. Present counsel was advised that the property was insured, and discussions ensued as to whether counsel for the Estates would accept service. Oral confirmation was received, and a letter of November 25,2003, attached as Exhibit "A" was forwarded to Attorneys Ernico and Adler for the Estates with an acceptance of service form for the Writs of Summons and the Complaint. No objection to the: Estates being named as a party was raised. 9. Attorney Emico advised that service should be made on a realty management company for the Adler properties. Based on this direction, Praecipes to 2 Reinstate the Writ and Complaint were filed, and service was made upon James Stevens of Property Management, Inc., the designated property manager. 10. Stevens accepted service of both the Writ of Summons and the Complaint as agent for Defendants Adler on February 2,2004. See Exhibit "B" hereto. 11. An Amended Complaint was filed on March 30, 2004, identifying the Estates and personal representatives as party Defendants. Preliminary Objections to this filing are pending before this Court. GOLDBERG KA TZMAN, P.C. By: '// Z th.., {ft/'f...... Thomas E, Brenner, Esquire Attorney 10#: 32085 PO Box 1268 Harrisburg, P A 171 08-1268 (717) 234-4161 Attorney for Plaintiffs Date: {2 JU c:S Sworn to and subscribed before me this ~day of February, 2005. ~~4{)~ 118576,1 Notarial Seal Glenda J. Ebersole, Notary Public City 01 Harrisburg, Dauphin County My Commission Expires Oct 21, 2006 Member, Pennsylvania ASSOClaiJOn Of Notones 3 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NElL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORR1S DAVID M. STECKEL HEATHER L. PATERNO BENJAMIN D. ANDREOZZI 320 MARKET~, REET . STRAWBERRY SQUARE P.O. Box ]268. HARRISBURG. PENNSYLVANIA 17108~1268 717,234,4161.717,234,6808 (FAX) GOLD8ERG, KATZMAN {,. SHIPMAN, P.C. ATTORNEYS AT LAW November 25, 2003 Jeffrey Ernico, Esquire Mette, Evans & Woodside PO Box 5950 Harrisburg, PA 17110-0950 William Adler, Esquire 125 Locust Street Hanisburg, PA 17101 RE: Clyde King v. AAA Central Penn and Alice Adler and Betty Adler No. 03-2001 Dear Jeff and Bill: This will confirm my telephone calls to each of you. I represent the interests of Clyde King who sustained a fall as he entered the Central Penn AAA office at 3433 Trindle Road, Camp Hill, Pennsylvania. We initiated an action by Writ of Summons and were advised by the Sheriff's office that the addresses provided on the public records were no long accurate for your clients. The matter is being defended for the tenant Central Penn AAA by John Flounlacker of Thomas, Thomas & Hafer. T 1..__._ __':__.l-_.l-_.J .1-1..... 'lTT"":.I- .....t:'C'......__.......... 4.-........~ .....,... .:....,.....,t.:.... ...l..:.. .......",+4-L>o,... ~ llavC' J.";;'llJ.i:)LaLNU LU.~ YY.lJ.L Vl. tJLU..U..U.J.UJ..L:J LUal. na.3 .L~i:)U-\.tu .l.U LLU" J..UUL.L.\.tJ. and enclose a copy of both the Writ and th(~ Complaint that was filed for you along with an Acceptance of Service. It is my intention to prepare an - - - - . .. . i -llii~i.i.\.i~a C;;.LiiPlill.i.U, ~u.D:}U~'U'~b ii.;..:: .i::;,~~~~;:;::; ~ ;I:.; J?~-~Y .:le.::..;;i:.~:.:z. .=..::.:..::. IllY belief that the interest of the property owners should be defended by the insurance carrier for the Central Penn AAA office. EXHIBIT I A November 25,2003 Page 2 Please sign the enclosed Acceptance of Service and return it to me. Should there be any questions, please call. Very truly yours, Ci-tfL--' Thomas E. Brenner TEB:ak Enclosures 103456,1 CLYDE AND TERESA KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYL VANIA v. No. 03-2001 AAA CENTRAL PENN; AAA CENTRAL PENN AUTOMOBILE: CLUB; ALICE AND BETTY ADLER, Defendant ACCEPTANCE OF SERVICE 1, Jeffrey A. Emico, Esquire as counsel for the Estate ,of Alice Adler, hereby accept service of the Writ of Summons and a copy of the Complaint Estate of Alice Adler By: Jeffrey A. Emico, Esquire Mette, Evans & Woodside, PC PO Box 5950 Harrisburg, PA 17110 Date: CLYDE AND TERESA KING, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. No. 03-2001 AAA CENTRAL PENN; AAA CENTRAL PENN AUTOMOBILE: CLUB; AilCE AND BETTY ADLER, Defendant ACCEPTANCE OF SERVICE I, William Adler, Esquire as counsel for the Estate of Betty Adler, hereby accept service of the Writ of Summons and a copy of the Complaint. Estate of Betty Adler By: William Adler, Esquire 125 Locust Strel:t Harrisburg, PA 17101 Date: Acceptance of Servict~ I accept the service of the canp1aint.s (on behalf of Betty Adler and Alice Adler and certify that I am authorized to do so.) .Pf:7"'o y J~~ uthc~zed Agent Date Jim stevens c/o Property Managemen nc 1300 Market St.reet Lemoyne, PA Mailing Address 2003-2001 civil , EXHIBIT 113 , CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the wit.hin WRIT OF SUMMONS was served upon ADLER ALICE the DEFENDANT , at. 1527:00 HOURS, on the 2nd day of February 2004 at 1300 MARKET STREET CAMP HILL, FA 17011 by handing to JIM STEVENS, AUTHORIZED AGENT a true and att.ested copy of WRIT OF SUMMONS t.ogether with and at the same time directing His attention to the content.s thereof. Sheriff's Costs: Docket.ing Service Affidavit Surcharge So Answers: 18.00 10.35 .00 10.00 .00 38.35 . . ' ~' ." /. _,;:...,:~~ . /""/9" -:.e.:~ :;.""~~ -...., <~- '" ...- ..r;;9/ "",:,,-<' . '1 A;r>-"b-;;:"~~~"'Z" ...Jf'- ....,.....:"...,..._.&! -7 --"..e'.:;".~ -.........:-'. R. Thomas Kline 02/03/2004' GOLDBERG KATZIIJAN SHIPMAN Sworn and Subscribed to before By: !Ilk ~ ~ eputy SPrI . f:J1 me this day of A.D. Prothonotary CASE NO: 2003-02001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING CLYDE ET AL VS AAA CENTRAL PENN ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ADLER BETTY the DEFENDANT , at 1527:00 HOURS, on t.he 2nd day of February 2004 at 1300 MARKET STREET CAMP HILL, PA 17011 by handing t.o JIM STEVENS, AUTHORIZED AGENT a true and attested copy of WRIT OF SUMMONS together with and at the same time direct.ing His attention to t.he contents thereof. Sheriff's Costs: Docketing Service Aff idavit. Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 i A~ ",;(.. ,..., ;(F'/ ,~/- .~-~" .?""""~~~,f:i:},~"~'~"-'''-;, ('i/::~'~:.;~.u' R. Thomas Kline 02/03/2004 GOLDBERG KATZM~ SHIPMAN . / Sworn and Subscribed to before By: :)16f!1t~' me this day of A.D. Prothonotary CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person( s) indicated below by depositing a copy of the same in the United States mail, by First Class Mail, at Harrisburg, Pennsylvania and addressed as follows: Craig A. Stone, Esquire Michael Pipa, Esquire Marshall Dennehey 4200-B Crums Mill Road Harrisburg, PA 17112 John Flounlacker, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108-0999 GOLDBERG KATZMAN, P.c. BY ~~1Jlf(ut/ Angel~A. Runk Date: February 10, 2005 Jl8576,! ,~ l>? '1: L . CLYDE KING and THERESE KING : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AAA CENTRAL PENN, : NO. 2003-2001 CIVIL TERM AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE & BETTY ADLER : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 1st day of MARCH, 2005, counsel for Defendants Adler avmg indicated that he does not contest the facts set forth in the Affidavit of Plaintiffs' c unsel filed on February 11, 2005, and that he does not object to it being made part ofth ecord in lieu oftaking the testimony of Plaintiff's counsel, the evidentiary hearing sched led for February 14, 2005, at 3:00 p.m, is CANCELLED. By the Court, ,;(homas E, Brenner, Esquire A A. Stone, Esquire Michael D. Pipa, Esquire ~ Flounlacker, Esquire :sld <<I) y~ ~~}\f~. I L~,b ~ IJ-yF~ ''-- 'i ~ (7 0,':) r ,{ 0.1 \11\~.iiYl),S;\JN3d "N'YV-, ") ,J-, ,-,,-ol/'n'"l !\..l J ll./',,' ~ I" "'; ',.'~ .:~'h '4f ,...... f: ~ :01 WV 8<: l1Vfl S002 A\:NLCi'IOHlC:dd 3Hi dO 30l.:l:\O-031L:I , CLYDE KING and THERESE KING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALlCE & BETTY ADLER : NO, 2003-2001 CIVIL TERM v, BRIAN WELLER CIVIL ACTION - LAW IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS ALICE ADLER AND BETTY ADLER BEFORE GUIDO, J. AND NOW, this ORDER OF COURT I ~ ~ day ofMA Y, 2005, for the reasons set forth in the accompanying opinion, Defendants Alice and Betty Adler cannot be named as parties in this action and plaintiffs' claims against the estates of Alice and Betty Adler are time barred, Therefore, the Amended Complaint is dismissed with prejudice as to those parties, Edward E. Guido, J. Thomas E, Brenner, Esquire C. Roy Weidner, Esquire Craig A, Stone, Esquire John Flounlacker, Esquire ) CV.l~"~ )" 13 05 ( I- -;/~. - q -'I ',:c. 1 1') ,j (, i CLYDE KING and THERESE KING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, ALICE & BETTY ADLER NO, 2003-2001 CIVIL TERM V, BRIAN WELLER CNIL ACTION - LAW II'! RE: PRELIMINARY OBJECTIONS OF DEFENDANTS ALICE ADLER AND BETTY ADLER BEFORE GUIDO, J. OPINION AND ORDER OF COURT Defendants Alice Adler and Betty Adler are deceased, Currently before us are their preliminary objections to Plaintiffs' Amended Complaint. Their primary objection is that they wc-e not properly served, They also contend that the statute oflimitations preclude the joinder of their respective estates and requires the dismissal of the amended complaint. Plaintiffs argue that they did everything possible to effectuate timely and proper service, They further contend that since the original action was timely filed, the statute of limitations should not prohibit the amending of their complaint to add the executors of the respective bstates. For the reasons hereinafter set forth we are constrained to dismiss this action as to the Adlers and their estates. The procedural and factual background to this case can be described as complicated at best. We will simplify it by relating only the factors central to our decision,' On April 27, 2001 Plaintiff Clyde King suffered injuries in a fall at the offices of Defendant AAA Central Penn,2 Defendants Alice Adler and Betty Adler were the record owners of that property3 Settlement negotiations ensued between plaintiffs' counsel and Defendant AAA Central Penn's insurance carrier4 As the statute oflimitations approached, plaintiffs realized that a settlement would not be reached5 On Monday, April 28, 2003 the instant action was commenced by writ of summons, Alice and Betty Adler were included among the defendants, Sometime thereafter plaintiffs' counsel discovered that both Adlers had died well before the date ofMr. King's fal1.6 On March 30, 2004 plaintiffs filed an amended complaint naming the executors of the respective estates as party defendants, Thereafter, defense counsel filed the preliminary objections currently at Issue, The case of Thompson v, Peck, ] 8] A 597, 320 Pa. 27 (1935) is controlling, Thompson sued Peck within the statute oflimitations, He later discovered that Peck had died prior to the commencement of his action, After the statute had expired, Thompson attempted to amend the complaint to join Peck's estate, The Supreme Court would not permit it. As the Court noted: I The appropriateness of service was not one of those factors. v../e did, however, allow plaintiffs' to create a factual record so as to allow review of their equitable arguments. 2 Amended Complaint, para, 4, 1 Affidavit of Counsel, para, 3, 4 Affidavi1 of Counsel, para,!. j Affidavit of Counsel. para, 2, " Alice Adler died on December 9, 1995, Belly Adler passed away on October 2,2000, See Preliminary Objections, paragraphs 2 and 3, . A dead man cannot be a party to an action and any such attempted proceeding is completely void and of no effect. This disposes of the further argument that the defect was cured by the amendment. There can be no amendment where there is nothing to amend, In any event, an amendment, the effect of which is to bring in new parties after the running of the statute oflimitations, will not be permitted, 181 A at 598 (citations omitted), The instant action was filed on the last permissible day under the statute of limitations7 It did not toll the statute with regard to the claims against the Adler estates, Plaintiffs' amended complaint attempting to join the Adler estates was filed more than II months after the statute had expired. Since plaintiffs have not presented any valid basis upon which the statute may have been tolled, their claims against the Adler estates are time barred8 ORDER OF COURT AND NOW, this 13TH day ofMA Y, 2005, for the reasons set forth in the accompanying opinion, Defendants Alice and Betty Adler cannot be named as parties in this action and plaintiffs' claims against the estates of Alice and Betty Adler are time barred, Therefore, the Amended Complaint is dismissed with prejudice as to those parties, By the Court, Isl Edward E. Guido Edward E. Guido, J, 742 Pa, C,S.A. S 5524, 'While Plaintiffs have alleged that they were in negotiations with Defendan1 AAA's insurance carrier, 1hey have not alleged any facts which would loll the sta1ute, Even if the carrier also covered the Adlers and knew 1hey were dead (which is no1 alleged), it was under no duty to inform Plaintiffs, See Montanya v, McGonegal, 757 A,2d 947 (Pa,Super. 2000) and Lange v, Burd, 800 A,2d 336 (Pa,Super. 2002), . . Thomas E, Brenner, Esquire C. Roy Weidner, Esquire Craig A, Stone, Esquire John Flounlacker, Esquire CLYDE AND THERESE KING, Plaintiffs, v. AAA CENTRAL PENN, AAA CENTRAL PENN AUTOMOBILE CLUB, Defendants : IN THE COURT OF COrvlMON PLEAS : CUMBERLAND COUNTY, PA : NO. 03-2001 : JURY TRIAL DErv1.A,NDED PRAECIPE Please mark this action settled, discontinued and ended. Date: December 5, 2006 142108,1 GOLDBERG ICATZMAN, P.e. Bye[, Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs o s-; -:~'~ < l.~' ' ~ = c:r o ,n '" N ~ -\ ::t;::n f11r: -001 ::) t;') :) (::> :j of, - ...- -~".'1 %~~; .:c..! "^"~ ::~ '-" ');P ~,"J" -:> "2 I...C