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HomeMy WebLinkAbout01-2173 FX A- AUSTIN Ao TOWNER and ANNE TOWNER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Vo CML ACTION - LAW IRON KETTLE, INC., HEMPT BROSo, INC., and MAX C. HEMPT and J. FORREST HEMPT Vd/b/a HEMPT BROS., Defendants NO. OJ-o'l173 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 Plaintiffs. You may lose money or property or other rights important to youo 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. COUNTY LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 . 0 .-,/.""'_'~!,,,""'.' ,'''''c.' """,,_, _,>,,_,\,_~_,,_ ~ _ -" ~ ,_ ","-. ',___. 0--' . _h,' , """ _0", NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere 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. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas 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. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TlENE ABOGADO 0 Sl NO TlENE EL DlNERO SUFICIENTE DE PAGAR TAL SERVlCIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCI0N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. COUNTY LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, Pen ylvania 17013 (7111 2 0-6200 By: Attorneys for Plaintiffs ..., "d "ft ~ , ^:~,c""','" _,^ "."'~'_'" _ ._ ,." ,,_ '. " ,-"f ;,ce,;""'" ~',~'T' ' - , - " "',' ;',~ ,,,' ,', ,- '*'~' ~ "0'-." AUSTIN A. TOWNER and ANNE TOWNER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CML ACTION - LAW IRON KETILE, INC., HEMPT BROS., INC., and MAX C. HEMPT and J. FORREST HEMPT Vd/b/a HEMPT BROS., Defendants NO. 01- .JJ7-3 ~ -rJLvw-... JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, AUSTIN A. TOWNER and ANNE TOWNER, by and through their attorneys, METTE, EVANS & WOODSIDE, and files this Complaint, averring as follows: 1. Plaintiff, Austin A. Towner, is an adult individual who resides at 5 Bridle Lane, Camp Hill, Pennsylvania 17011. 2. Plaintiff, Anne Towner, is an adult individual and the wife of Austin A. Towner and resides at 5 Bridle Lane, Camp Hill, Pennsylvania 17011. 30 Defendant, Iron Kettle, Inc., is a Pennsylvania corporation that owns and operates a restaurant located at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Hempt Bros., Inc., is a Pennsylvania corporation with a registered office at RoD. #1, Camp Hill, Pennsylvania (Lower Allen Township) 0 '" ,",. "..c,:,:,:ry'c::... '''<.'7<''',-p..-_'. .- "... "., - ~ ,"'f.-"'~"."'- .'.' ".0 ." '. . n" ~~~"<~ ,~, 5. Defendant, Max C. Hempt of Lower Allen Township, Camp Hill, Pennsylvania, and Defendant J. Forrest Hempt of 3025 Market Street, Camp Hill, Pennsylvania, filed an application for carrying on or conducting business under an assumed or fictitious name, Hempt Broso, with the Secretary of the Commonwealth, listing its principal place of business as Lower Allen Township (P.O. Camp Hill, Pa.) Cumberland County. 6. The accident hereinafter related occurred on or about December 9, 1999, on the premises of the Iron Kettle restaurant at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 7. At all times relevant, Defendant, Iron Kettle, operated, supervised, cared for, maintained, owned and/or controlled the premises known as the Iron Kettle Restaurant and its parking lot at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 8. At all times relevant, Defendant, Iron Kettle, acted by and through its duly authorized agents, ostensible agents, servants, workmen and/or employees, acting within the scope of their authority and employment and in the course of Defendant's business. 9. At all times relevant, Defendant, Hempt Bros., Inc., was in the process of performing road work at the entranceway of the parking lot of the Iron Kettle. 2 'i,-, ,_,~,Y.__,-~,,,,,n,':,,., ,0, <'.. P'-,--' ,,1'" ";>,- ,,"-''''-.'- . "7'1 l,"' ,i', _" - - -. ,~,' _,'','' - " ,- -,~, - . f' .~, ,.' ,'" 10. At all times relevant, Defendant Hempt Bros., Inc., acted by and through its duly authorized agents, ostensible agents, servants, workmen andior employees, acting within the scope of their authority and employment and in the course of Defendant's business. 11. At all times relevant, Defendants Max C. Hempt and J. Forrest Hempt t/dib/a Hempt Bros., was in the process of performing road work at the entranceway of the parking lot of the Iron Kettle. 12. At all times relevant, Defendants Max C. Hempt and J. Forrest Hempt t/dib/a Hempt Bros., acted by and through their duly authorized agents, ostensible agents, servants, workmen and/or employees, acting within the scope of their authority and employment and in the course of Defendant's business. 130 Defendant Iron Kettle, its agents, principals, employees, operators and servants knew that Hempt Bros., Inc. and Max C. Hempt and Jo Forrest Hempt t/d/b/a Hempt Bros. were performing road work at the entranceway of the parking loto 14. At all times relevant, Defendant Iron Kettle, was open for business as a restaurant. 15. At about 7:15 p.m. on December 9, 1999, Plaintiff Austin Ao Towner went to the Iron Kettle in order to purchase food. 3 :".,~<,-~ ,:" /.'u,"i-"':;~!C'" ." '~',oc.~yc.,.' ,''''J... "",. '.'" ., _";._",'1_''- ,," - 'l' . ,,>;,. .,__""'_''''':._' ~,_,; ".""","'.. " ,-- .. '. __~r," ,. c' ^". ~'" _"._^<'. '_'0'_ 16. At the aforesaid time and place, Plaintiff, Austin A. Towner, was a business invitee of the Defendant, Iron Kettle, to whom the highest degree of care is owed. 17. At the aforesaid time and place, Plaintiff, Austin A. Towner, was in the parking lot of the Iron Kettle having parked his car therein. 18. At the aforesaid time and place, no outdoor/parking lot lighting was provided by Defendant Iron Kettle or Defendant Hempt Bros. Inc. or by Defendants Max Co Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. 19. At the aforesaid time and place, Plaintiff Austin A. Towner, was transversing the parking lot of the 1ron Kettle on his way to the inside of the restaurant when his foot came in contact with an unprotected and unmarked 3" macadam ledge, as a result of which he lost his balance, fell down, and sustained a serious injury. 200 Defendant Iron Kettle had a duty to maintain its premises, including the parking lot, in a safe condition for its patrons, including Plaintiff Austin A. Towner. 21. Defendant Iron Kettle had a duty to provide outdoor lighting in areas of its premises, such as the parking lot, where its patrons would walk. 22. Defendant Iron Kettle had a duty to inspect its premises, including the parking lot, for dangerous and defective conditions. 23. Defendant Iron Kettle had a duty to warn of dangerous conditions on its propertyo 4 . '_'~,,<, ~'''',,'.,<,-~";f'' S ". h,_ <-':"'~ ", .. "',,,n <"'," ,~---'- ."~-,,.,'t', _ -- _ _"_"',',''''''~, .~~,o,' " '_. .--. " 24. Defendant Hempt Bros., Inc. had a duty to maintain areas where it was conducting construction/roadwork operations in a safe manner. 25. Defendant Hempt Bros., Inc. had a duty to warn of dangerous conditions on areas where it was conducting construction/roadwork operationso 26. Defendant Hempt Bros., Inc. had a duty to light or mark the dangerous conditions where it was conducting construction/roadwork operations. 27. Defendants Max C. Hempt and J. Forrest Hempt, Vd/b/a Hempt Bros., had a duty to maintain areas where it was conducting construction/roadwork operations in a safe manner. 28. Defendants Max C. Hempt and J. Forrest Hempt, Vd/b/a Hempt Broso, had a duty to warn of dangerous conditions on areas where it was conducting construction/roadwork operations. 29. Defendants Max C. Hempt and Jo Forrest Hempt Vd/b/a Hempt Bros. had a duty to light or mark the dangerous condition where it was conducting construction/roadwork operations. 30. At the aforesaid time and place, the entranceway and parking lot of the Iron Kettle was in a dangerous and defective condition. 31. AB a direct and proximate result of the Defendants' negligence as set forth herein, Plaintiff Austin A. Towner suffered the following serious and permanent injuries: 5 '-!~. -,"O'_';"";',;""_,O>;""'","~"l'_"'_""_",>"__,,,_r "",_,<_<,) " ':,~-~ - >'""." ~ ", -".'-" - . - , ' - ~ . '- . ,-. - ,.'.' - ;' -'- --,. a. left shoulder, right knee, hands, chin and tooth injuries; b. lacerations and abrasions; Co chronic pain in the left shoulder; and d. limitation of motion. 320 AB a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner incurred medical bills and will continue to incur medical bills. 33. AB a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner underwent physical therapy, shoulder manipulation, home exercises and stretching, and was prescribed medication. 34. AB a direct and proximate result of the Defendants' negligence, carelessness andior recklessness as set forth herein, Plaintiff Austin A. Towner has sustained and may sustain the following damages: a. Past and future pain and suffering; bo Past and future mental anxiety, humiliation and embarrassment; c. Past and future incidental costs; d. Past and future loss of life's enjoyment; and eo Past and future medical expenses. 6 " '''!"S"~-,;p',,;,,.-- '- ""."""7,, ~_ .,-' '. -- -, '- ~"'.., ", , .'C .-.10'";,','" "t'.'-rc,"""-'" '~-,"- '^o, ---c~,<',;:=_. :",~~,< -' ^' 350 As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner has incurred a loss of wages and an impaired future earning capacity. 36. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner has and will continue to suffer great pain, suffering, inconvenience, reduced ability to care for his quadriplegic wife, and discomfort. COUNT I Negligence Austin A. Towner v. Iron Kettle. Inc. 37. Plaintiffs incorporate by reference paragraphs 1 through 36. 38. Defendant Iron Kettle was negligent, careless and reckless in the following respects: a. maintaining a parking lot and its entranceway in such a condition as to allow to exist dangerous conditions such as the macadam ledge which Plaintiff Austin A. Towner tripped over; b. failing to make a reasonable inspection of the parking lot and its entranceway, especially since Defendant Hempt Bros., Inc. and/or Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. was in the process of performing roadwork and construction operation at the entranceway of the parking lot; 7 -"', "- '-'-~_'::c,>~.,,:I:,_~'~ -".__, ,~',',~ ",_",~- , " "", > ",,"_, !"? ~-',,'7 ,",< "', ~ -~" "' - - .,,~"," ',-""'.--" '-'. "'~--' . ~,~-. ~, c. failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; d. failing to erect barricades, post signs or to take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and e. failing to remedy the condition of the macadam ledge so as to prevent injury to Plaintiff and others; fo failing to provide outdoor lighting in the parking lot and surrounding outdoor premises of the restaurant. 39. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner sustained injuries and incurred expenses as set forth aboveo WHEREFORE, Plaintiff Austin A. Towner demands judgment in his favor and against Defendant Iron Kettle, Inc., in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. COUNT II Negligence Austin A. Towner v. Hem\>>t Bros. Inc. 400 Plaintiffs incorporate by reference paragraphs 1 through 39. 8 ,~ """',~~, - "~.('-%,--r" ;-",. . -,. ,. "..,,",: ..~.- ... .,>,-,~~~,',,~,'<- " " 0,."." I"' - ,~__ "", ",ie',.,. .,.~..".^?>~,'c' :',.," ~ 41. Defendant Hempt Bros. Inco was negligent, careless and reckless in the following respects: a. creating in the course of its construction operations a dangerous condition such as the macadam ledge in an area where pedestrians and patrons of the Iron Kettle were likely to walk; b. failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; Co failing to erect barricades, post signs or take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and d. failing to light or mark the dangerous condition where it was conducting construction/roadwork operations. 42. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner sustained injuries and incurred expenses as set forth above. WHEREFORE, Plaintiff Austin Ao Towner demands judgment in his favor and against Defendant Hempt Bros., Inc. in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. 9 ~. c , "./~" '4;,<'i,'~--:'("',:'~'__,F"" '" '. l'^ .. ~,> ~.,~, ,,,' ,c.""'" . ''''''.,d~'- , '~',.. 0,,,"' " , '.' COUNT III Negligence Austin A. Towner v. Max C. Hempt and J. Forrest Hempt. t/dlb/a HemDt Bros. 43. Plaintiffs incorporate by reference paragraphs 1 through 42. 44. Defendants Max C. Hempt and J. Forrest Hempt Vd/b/a Hempt Bros. were negligent, careless, and reckless in the following respects: a. creating in the course of its construction operations a dangerous condition such as the macadam ledge in an area where pedestrians and patrons of the Iron Kettle were likely to walk; bo failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; Co failing to erect barricades, post signs, or take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and d. failing to light or mark the dangerous condition where they were conducting construction/roadwork operations. 450 As a direct and proximate result of the Defendants' negligence, carelessness, and/or recklessness as set forth herein, Plaintiff Austin Ao Towner sustained injuries and incurred expenses as set forth above. WHEREFORE, Plaintiff Austin A. Towner demands judgment in his favor and against Defendants Max C. Hempt and J. Forrest Hempt, Vd/b/a Hempt Bros., in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional 10 ". '_ ',.~c l""'"', "", -~"" '" ~ ,- ",0" -/',_'. ': ~',," ''') -., - " ,',~- '-, ... ";'7 ?', ,_"',_,_,,', , . ,< --- , " - . ~ ,., h',,, "'e" _ _. _~ limit for reference to compulsory arbitration, plus costs, interests, and such other and further relief as the Court deems just and appropriate. COUNT IV Loss of Consortium Anne Towner v. Iron Kettle. Inc. and Hempt Bros.. Inc.. and Max C. Hempt and J. Forrest Hempt. t/dIb/a Hempt Bros. 460 Plaintiffs incorporate by reference paragraphs 1 through 45. 47. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Iron Kettle, Inc.; Defendant Hempt Bros., Inc., and Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a as Hempt Bros., Plaintiff Austin A. Towner suffered severe and permanent injuries and damages as described above. 48. As a direct result of the aforesaid accident, which caused personal injuries to Plaintiff Austin A. Towner, Plaintiff Anne Towner has lost and will continue to lose the companionship, comfort, society, services, and other forms of consortium of her husband, Austin A. Townero WHEREFORE, Plaintiff Anne Towner demands judgment in her favor and against Defendants Iron Kettle, Inc.; Hempt Bros., Inco, and Max C. Hempt and Jo Forrest Hempt tld/b/a Hempt Bros. in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus II :''''' , '^<'!'. . 1; i''f,.""Y'','''_''t-'~'''''',,"'_,_ ".>', c'~-h.. - . -- - y,',. ,~.. ",.", J' ._"c.". , .c' ^,,~, " p, ;" ~,'" . ~ ~- . ,.....'. owt..... _-:'> J~ ~') ,~ C.!'t. \..'j . . costs, interests, and such other and further relief as the Court deems just and appropriate. BY: d, OODSIDE CRAIG A. ST NE, SQUIRE Supreme Cou . #15907 3401 North Front Street PoD. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATED: April 12, 2001 ~L . , '-,'-.-it-'f""",,~-:'i'~,"1'~ ~L- ~_:~ ','.,'"-' ,,~,'f"",~ .". '7"'- ,,', '1- i ,- SHERIFF'S RETURN - REGULAR CASE NO: 2001-02173 P ( COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL KENNETH E. GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRON KETTLE, INC the DEFENDANT , at 2010:00 HOURS, on the 18th day of April 2001 at 2050 STATE ROAD CAMP HILL, PA 17011 by handing to NANCY BESHORE OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: ~",. ~ #';,v--:::~~; . , .' ,.p .~,,~ , -, .... ~ a'(l!r'~~,!~ ?;I'~ ,,>'~':::--"':;::e.~ R. Thomas Kline 04/19/2001 METTE EVANS AND WOODSIDE Sworn and Subscribed to before By: me this ;Z ~ day of - '''''-'''~."..-<... - -- ~, r-"'~-- " " 1- , ~ . ~....~ ~~ '.~P"*" SHERIFF'S RETURN - REGULAR , CASE NO: 2001-02173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEMPT BROS INC the , at 1012:00 HOURS, on the 18th day of April 2001 DEFENDANT at R D 1 CAMP HILL, PA 17011 by handing to EDNA HANRATTY RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof 0 Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8068 .00 10.00 .00 24.68 r~~ R. Thomas Kline 04/19/2001 METTE EVANS & WOODSIDE A.D. Sworn and Subscribed to before By: .2/ ,t me this _,~ ~ day of ~1~ :..""'.~=~ ~ ~ ~ .,... ",!IRilIli'I~~PIE'---: ~ ~ _,., ~ '-r-~;'e SHERIFF'S RETURN - REGULAR . CASE NO: 2001-02173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEMPT MAX C the DEFENDANT , at 1014:00 HOURS, on the 18th day of April , 2001 at R D 1 CAMP HILL, PA 17011 by handing to EDNA HANRATTY RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 000 16.00 So Answers: '/?~/ V~ r~-. ,-t:?;:~ R. Thomas Kline me this ~fo-It. day of 04/18/2001 METTE EVANS & WOODSIDE By: .~ - ~ i. M j. cl Sheriff Sworn and Subscribed to before '>_rt'l!'. . --~..,..-" -, .~ .. T ~, . .. SHERIFF'S RETURN - REGULAR CASE NO: 2001-02173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE HEMPT J FORREST T/D/B/A HEMPT BROS the DEFENDANT , at 1014:00 HOURS, on the 18th day of April 2001 at R D # 1 CAMP HILL, PA 17011 EDNA HANRATTY RECEPTIONIST by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 000 16.00 Sworn and Subscribed to before me this JJa4 day of . 1:"",~.L, ~~ _"_"~~'_"""""l ~ So Answers: ~/4 / ,fl~ :;'~ ~~~"'"'-r~'~~ R. Thomas Kline 04/19/2001 METTE B:VAN'j ;Jl/ff " ~ , . ... Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, v. NO. 01-2173 IRON KETTLE, INC., HEMPT BROSo, INCo, and MAX C. HEMPT and J. FORREST HEMPT Ud/b/a HEMPT BROS., CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendants Hempt Bros., Inc. and Max C. Hempt and J. Forrest Hempt tldlb/a Hempt Bros. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 . (717) 255-7632 1.0. No. 06776 ATTORNEYS FOR DEFENDANTS ~__~<:":,:<~!,-;;:"""~""~"",_",-,l,,,,,~,,t,.,,,",,,;,r.=', "', ~:~1-'_"-",,,, - ","-,_ 2_'__,,=_ ",'r" " I"~ ; <,"-'.' .~ __ 0,'" --=-"~l_;,,,,,: " , ." ~"~"_, .C"" _ ," _,," ,'0 _p'."___ '" ) , . , CERTIFICATE OF SERVICE AND NOW, this Z 7~day of April, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants Hempt Bros., Inc., and Max C. Hempt and J. Forrest Hempt tldlbla Hempt Bros. hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Iron Kettle, Inc. 2050 State Road Camp Hill, PA 17011 THOMAS, THOMAS & HAFER,LLP 0---0) ~ C. Kent Price, Esquire . 'j}~ >;"---~~-'~' " ,.Y,,,, """'y i-~'",. ','r' , _~u ".40'- ~, ._~," ",' '." ~ ''''''', "I' .," ''^;, ,7'._,". . , ." " ?'-- .. fI' or- ,_l ... .. . . AUSTIN A. TOWNER and ANNE TOWNER, Plaintiffs IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA v. NO. 01-2173 CMLACTI0N - LAW IRON KETTLE, INCo, HEMPT BROS., INC., and MAX C. HEMPT and J. FORREST HEMPT t/d/b/aHEMPT BROS., Defendants JURY TRIAL DEMANDED REPLY OF PLAINTIFFS TO NEW MATTER OF DEFENDANT. IRON KETTLE. INC. 49-50. The averments of the corresponding paragraphs of Defendant's New Matter are conclusions of law to which no answer is required. If an answer is deemed required, the same are denied in conformance with Pa.R.C.P. 1029(e). WHEREFORE, Plaintiffs demand that Defendant's New tter be dismissed. By: WOODSIDE 3401 No P.O. Box 5 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: July 10, 2001 -""~ ~ r - -" ,- .,01 '.,<- ' ~, c _ - I.: ^ <.~. ~ ro,. _ ~, ... it. .. VERIFICATION I, Austin A. Towner, hereby acknowledge that I have read the foregoing 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. 94904, relating to unsworn falsification to authorities. JJud:.~~ Austin A. Towner DATED: July 10, 2001 . .;".,3'" "~,,,j:VA',,-" e"::c' :;,p.", .:;-~ """""<,, "., ',.' ".._'._ -,'o~." ".. " "'" '--'.' __ . .",~ ,...~, ~, ~r. '. '" .. . *' 'l CERTIFICATE OF SERVICE 1 certify that 1 am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 Attorney for Defendant, Iron Kettle, Inc. C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants, Hempt Bros., Inc. and Max C. Hempt and Jo Forrest Hempt, /;Ii Hempt Bro By: ME 3401 North Fro P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: July 10, 2001 I f"'l _, ~_ , 'o",_":,_,_"~,;_,,~,=,,,,,,/,,~_,__ ,,,,'." "~',_p v-~_ !" "-,,' Ol' , ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : No. 01-2173 Plaintiffs, IRON KETTLE, INC., HEMPT BROS., INC. and MAX Co HEMPT and Jo FORREST HEMPT, t/dIh/a HEMPT BROSo, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Iron Kettle, Inc. in the above-captioned mattero BLAKEY, YOST, BUFP & HERSHNER, LLP Date: ~fi Lf..jo / B~/ nald Bo Hoyt, Esquire Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York,PA 17401 (717) 845-3674 Supreme Ct. I.Do #18061 I; ","1'Tl,. ,<, ~'''- "" . ,"..". -, . , '''',,~, , ,-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : No. 01-2173 Plaintiffs, IRON KETTLE, INC., HEMPT BROS., INCo and MAX Co HEMPT and Jo FORREST HEMPT, t/dIb/a HEMPT BROSo, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Austin A. Towner and Anne Towner c/o Craig A. Stone, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 Hempt Bros., Inco c/o C. Kent Price, Esquire 305 North Front Street Harrisburg,PA 17101 You are hereby notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP BY.~ onald Bo Hoyt, uire ' Counsel for Defendant, Iron Kettle, Inco 17 East Market Street York, Peunsylvania 17401 Supreme Ct. J.D. #18061 (717) 845-3674 ,.,<,,1"1?1~ . ; , , " 1 _!'l'i\l'IllIl'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : Noo 01-2173 Plaintiffs, IRON KETTLE, INCo, HEMPT BROS., INCo and MAX Co HEMPT and J. FORREST HEMPT, t/dlb/a HEMPT BROSo, Defendants JURY TRIAL DEMANDED ANSWER 10 The allegations of this paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these avermentso 20 The allegations of this paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these avermentso 30 The allegations of this paragraph are admitted. 4. The allegations ofthis paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 50 The allegations ofthis paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 60 The allegations of this paragraph are denied pursuant to Pa. R.c.P. 1029(e). ,'-lr"",,"'I'!!':l' '" '", ~ L ~.,~""",~~' 70 The allegations of this paragraph are admitted. However, Plaintiff does not state in this paragraph where the incident occurred. It is denied that the Defendant operated, supervised, cared for, maintained, Qwned and/or controlled the location where Plaintiff felL 8. The allegations of this paragraph are denied. They state a legal conclusion to which no response is requiredo 90 The allegations ofthis paragraph are not addressed to Answering Defendant and therefore require no response. 10. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 110 The allegations of this paragraph are not addressed to Answering Defendant and therefore require no responseo 12. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 130 1029(e). 14. 1029(e)0 15. 1029(e). 16. 1029(e)0 -,!'l'''I'!'~ ~ T ~~ The allegations of this paragraph are denied pursuant to Pa. RC.Po The allegations ofthis paragraph are denied pursuant to Pa. RC.P. The allegations of this paragraph are denied pursuant to Pao R.CoP. The allegations of this paragraph are denied pursuant to Pao RCoPo '?' ~ ~'""r . 1 ~, ~~ ~ ~~, ,,~~- = ~, 17. 1 029(e) 0 180 1029(e)0 19. 1029(e). 200 The allegations of this paragraph are denied pursuant to Pao R.c.Po The allegations of this paragraph are denied pursuant to Pa. R.CoPo The allegations of this paragraph are denied pursuant to Pao RoCoPo The allegations of this paragraph are deniedo They state a legal conclusion to which no response is requiredo 21. The allegations of this paragraph are deniedo They state a legal conclusion to which no response is required. 22. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 230 The allegations of this paragraph are denied. They state a legal conclusion to which no response is requiredo 24. The allegations ofthis paragraph are not addressed to Answering Defendant and therefore require no responseo 25. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 26. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no responseo 27. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. "T""',._, ,_~", <, _ ^ """" . .. ~ .' '''',-,,~~ "~"~~~- 280 The allegations of this paragraph are not addressed to Answering Defendant and therefore require no responseo 29. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 300 The allegations of this paragraph are deniedo They state a legal conclusion to which no response is requiredo In any case, they are denied pursuant to Pa. R.C.P. 1029(e). 31. 1029(e). 32. 1029(e)0 330 1029(e). 340 1029(e)0 35. 1029(e). 36. 1029(e). 'j"'I:""1. The allegations of this paragraph are denied pursuant to Pa. R.CoPo The allegations of this paragraph are denied pursuant to Pa. RCoPo The allegations of this paragraph are denied pursuant to Pao RC.Po The allegations of this paragraph are denied pursuant to Pa. RoC.P. The allegations of this paragraph are denied pursuant to Pao RC.Po The allegations of this paragraph are denied pursuant to Pao RoC.Po . . ., ~ ,~ COUNT I NEGLIGENCE Austin A. Towner Vo Iron Kettle. Inco 37. The allegations contained in paragraph 1 through 36 of this Answer are hereby incorporated by referenceo 380 The allegations of this paragraph are denied pursuant to Pao R.C.P. l029(e). 39. The allegations of this paragraph are denied pursuant to Pa. R.CoPo l029(e)0 WHEREFORE, Defendant requests the Court to dismiss the Complaint against it with costs of suit. COUNT II NEGLIGENCE Austin Ao Towner Vo Hempt Bros.. Inco 400 - 42. These allegations are not addressed to Answering Defendant. COUNT III NEGLIGENCE Austin A. Towner v. Max C. Hempt and J. Forrest Hempt. tldIb/a Hempt Broso 43. - 45. These allegations are not addressed to Answering Defendant. "-S~J!, ~.,~ ~ ~ T _. 'T"" , . -~.- COUNT N LOSS OF CONSORTIUM Anne Towner v. Iron Kettle. Inc. and Hemot Bros.. Inco and Max Co Hemot and J. Forrest Hemot. tldIb/a Hemot Broso 460 The allegations contained in paragraph 1 through 45 of this Answer are hereby incorporated by reference. 470 The allegations of this paragraph are denied pursuant to Pao R.C.P. l029(e)0 48. The allegations of this paragraph are denied pursuant to Pa. R.C.Po 1029(e). WHEREFORE, Defendant requests the Court to dismiss the Complaint against it with costs of suit. NEW MATTER 490 At the time stated in the Complaint, Plaintiff was negligent in: a. failing to walk in such a way to avoid injuring himself; bo failing to look where he was going; and c. failing to see what was obvious. 50. At the time stated in the Complaint, Plaintiff assumed the risk in that he: ao failed to walk in such a way to avoid injuring himself; b. failed to look where he was going; and C. failed to see what was obviouso WHEREFORE, Defendant has a full and complete defense to this case and requests dismissal of the Complaint with costs of suit. 'lW,fi ^t",..,.,~- ~ > CROSSCLAIM Iron Kettle. Inco Vo Hemot Bros.. Inc. lUlll.1b C. Ik...,,-..t ann T FSffeM II\,Ill1lJt <lzt13,~ R~t Rrn'i 51. Iron Kettle, Inco incorporates its Answer to the Complaint and the New Matter as if fully set forth herein. 520 The area where Plaintiff fell was at all relevant times in the care, custody and control of Defendant, Hempt Broso, Inc. and/or its principal, PennDOTo 53. The work that was done that caused the level of the roadway to be difference from that of the surface of the parking lot was done by Defendant, Hempt Bros., Inco 540 The work of Hempt Bros., Inc. was the cause of Plaintiffs fall and injuries. WHEREFORE, Defendant, Hempt Bros., Inco is alone liable to the Plaintiffs, liable over to Iron Kettle, Inco, or jointly and severally liable to the Plaintiffs or Iron Kettle, Inco Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP By: az-~- on . Hoyt, squIre Counsel for Defendant, Iron Kettle, Inco 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. LD. #18061 '-<;-.'J'm.'!J!\ , ,~ - '~r , - '"-" , '"- ! ~ "'l" =.'< , >jf~~~,...,...,., ~, VERIFICATION I hereby verify that the information set forth in the foregoing document is true and correct to the best of my knowledge, information and beliefo I understand that any false statements contained herein are subject to the penalties of 18 Pa. CoSo 4904, relating to unswom falsification to authoritieso Date: 7/~ It} / v It! LA- Jake Beshore ~~ .. I 1 ~ ~ ,fl> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : No. 01-2173 Plaintiffs, IRON KETTLE, INe., HEMPT BROSo, INC. and MAX C. HEMPT and Jo FORREST HEMPT, t/d/b/a HEMPT BROSo, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on the person and in the manner indicated below: Service by first class mail on : Craig Ao Stone, Esquire METTE, BV ANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Co Kent Price, Esquire THOMAS THOMAS & HAFER 305 North Front Street Harrisburg, PA 17101 BLAKEY, YOST, BUFP & HERSHNER, LLP Date: 1/<R/O/ B~k/ Counsel for Defendant, Iron Kettle, Inco 17 East Market Street York, Pennsylvania 17401 Supreme Ct. LDo #18061 (717) 845-3674 ,~i!f<^ )$0.""",, ,~, ,. -"r' r< --4'1' .~ , . 'f,' " n ~,~~,~~-~- ~ .", ~,~ ~ ~~. , " '~r'~.- '",'0' .. . JUlO 5 2001 Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2173 CIVIL ACTION - LAW JURY TRIAL DEMANDED AUSTIN A. TOWNER and ANNE TOWNER, v. IRON KETTLE, INCo, HEMPT BROS., INC., and MAX C. HEMPT and J. FORREST HEMPT tld/b/a HEMPT BROS., Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the docket in the above matter as voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt tld/b/a Hempt Bros. pursuant to the attached Stipulation of ME THOMAS, THOMAS & HAFER, LLP ~~h~ C. Kent Price, Esquire P.O. Box 999 Harrisburg, PA 17108-0999 BLAKEY, YOST, BUPP & SCHAUMANN ~ 17 Market Street York, Pennsylvania 17401 .. C-'~, -1 . "."~" ~,,.,, .. , . . ..JUl 0 5 20m Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2173 AUSTIN A. TOWNER and ANNE TOWNER, v. CIVIL ACTION - LAW IRON KETTLE, INCo, HEMPT BROS., INC., and MAX C. HEMPT and J. FORREST HEMPT tJd/b/a HEMPT BROS., JURY TRIAL DEMANDED Defendants STIPULATION It is hereby stipulated and agreed by and among the parties hereto as follows: 1. The correct identity of the entity performing road work on and along State Road in Lower Allen Township, Cumberland County, Pennsylvania, fronting and abutting the Iron Kettle on and about December 9, 1999 was Hempt Bros., Inc. 2. Max C. Hempt and J. Forrest Hempt, tJd/b/a Hempt Bros., had no involvement in the aforesaid work, both Max C. Hempt and J. Forrest Hempt being deceased at the time. 3. Hempt Bros., Inc. will admit the allegations set forth in Paragraphs 4,9 and 10 of the Plaintiffs' Complaint. 4. The parties agree to a voluntary discontinuance of this action as to Defendants M . Forrest Hempt, tJd/b/a Hempt Bros. pursuant to PaRC.P. ( OSlO THO~ & HAFER, ll.P (1 ~ C. Kent Price, Esquire P.O. Box 999 Harrisburg, PA 17108-0999 MTT Craig . Sto e, EsqUl e P.O. Box 59 0 Harrisburg, A 7110-0950 BLAKEY, Y ,BUPP & SCHAUMANN ~~ 17 Market Street York, Pennsylvania 17401 " ~ . <' ",?,,~~ """' . ,~ , ~. - IM'-- - .~c~ '". Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, v. NO. 01-2173 IRON KETTLE, INCo and HEMPT BROS., INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants NOTICE TO: Austin A. Towner and Anne Towner, Plaintiffs c/o Craig A. Stone, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 Iron Kettle, Inc. c/o Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Schaumann 17 Market Street York, Pennsylvania 17401 YOU ARE HEREBY notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP DATED: 1/ ;;Lsl 0 I ~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT HEMPT BROS., INC. r, ",;;-, ~"',>"', ,~">::,,,,,,,,,'"'' ,_ <"0"" ,';", '~".'_. ",,",,~ _ ",.",_ ~",~"",~, '''''''<M . C" I,' -",",,'- -!, ~_ " _,v,'.' _,. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, v. NO. 01-2173 IRON KETTLE, INC. and HEMPT BROS., INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MATTER AND CROSSCLAIM ON BEHALF OF DEFENDANT HEMPT BROS.. INC. 1. Denied. After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations. 2. Denied. After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations. 3. Admitted. 4. Admitted. 5. This action has been voluntarily discontinued as to Defendants Max Co Hempt and J. Forrest Hempt, individually and tldlb/a Defendant Hempt Bros. and, therefore, no answer is required. 6. Deniedo After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegationso 7. Admitted. ~,I ~ ! .. 8. Admitted. 9. Admitted. ::1 , ~ i ~ i ~- ~ , I' [~' "'0,;, , _ _" -_,,,,.-~<.,_,,,,~, ,- ",,' ~"'~ Ar ,,_,', _ .,,-,, " ,0,,,0 - "','T' " '_:,';' . d ~,~_ _, ~"'_ 10. The allegations are conclusions of law and/or fact to which no answer is required. 11. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and tld/b/a Defendant Hempt Bros. and, therefore, no answer is required. 12. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and tldlb/a Defendant Hempt Bros. and, therefore, no answer is required. 13. Admitted in part, denied in part. It is specifically denied that Defendants Max C. Hempt and J. Forrest Hempt, tld/b/a Hempt Bros. were performing road work at the entrance way of the parking lot at any time relevant hereto. The remaining allegation is admitted. 14. Admitted upon information and belief. 15. Denied. After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 16. The allegations are conclusions of law and/or fact to which no answer is required. 17. Denied. After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 18. Admitted. ;; . 7", <~"""'o;" ;' <,' c" _"",_ k_,' -~ __', .,. ,",,' >," ,c. , " ," ,." - -- -^~,'~ ';' ,~,,' -' .. _ 0 _ _~ ',. _~__ " 19. Deniedo After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 20. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 21. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 22. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 23. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 24. The allegations are conclusions of law and/or fact to which no answer is required. 25. The allegations are conclusions of law and/or fact to which no answer is required. 26. The allegations are conclusions of law and/or fact to which no answer is required. 27. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and Udlb/a Defendant Hempt Bros. and, therefore, no answer is required. . 28. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and Ud/b/a Defendant Hempt Bros. and, therefore, no answer is requiredo i I , i, .- , ! i , ,. I , ! , ,. ,. i" r:!-o,,;<. ~ .". f',' ".~o_:~_~ ~' " .'"",,',q ,_o_~,_ '__, , _,I.-, " ., ~- - ., ..' -',--.'- , ~ c~~"" 'r. ~", ~ 29. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and Udlb/a Defendant Hempt Bros. and, therefore, no answer is required. 30. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 31. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 32. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with PaoR.C.P. 1029(e). 33. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with PaoRC.P. 1029(e). 34. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). -"",", .^"'-'""~"'~':'...."<~'~'~' 't""c ",c'"O:-.', "'". ,. .,,' -'>'--"'_'," _""~_" _.,",__,~. .", ,.."vo,' '''l-C'' ' ..~ .,--... .'., -.", ~",,:"":~ '[1:" ~ ' 35. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 36. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e)0 COUNT I Austin A. Towner v. Iron Kettleo Inc. 37. The answers set forth above in Paragraphs 1 through 36 are incorporated herein by reference. 38.-39. The allegations contained in Paragraphs 38 and 39 of the Complaint are directed to a party other than the answering Defendant and, therefore, no answer is required. WHEREFORE, Defendant Hempt Broso, Inc. demands judgment in its favor and against Plaintiff Austin A. Towner. COUNT II Austin A. Towner v. Hemot Bros.. Inc. 40. The answers set forth above in Paragraphs 1 through 39 are incorporated herein by reference. 41. Denied. It is specifically denied that Defendant Hempt Bros., Inc. was negligent, careless and/or reckless. By way of further answer, the allegations are denied in accordance with Pa.R.CoPo 1029(e). ~.' '7 c~,~ "., ~'/". ",',\-I<""""~'''''$,'", "",~,__,..=,,, __,"_~J "..',~' "_I _~,_"'- - :.,,'~,.. .-. '< --,.. 42. Denied. It is specifically denied that Defendant Hempt Bros., Inc. was negligent, careless and/or reckless. By way of further answer, the allegations are denied in accordance with PaoR.C.P. 1029(e). WHEREFORE, Defendant Hempt Bros., Inc. demands judgment in its favor and against Plaintiff Austin A. Towner. COUNT III Austin A. Towner Vo Max C. Hempt and Jo Forrest Hempt t1d/b/a Hempt Bros. 43. The answers set forth above in Paragraphs 1 through 42 are incorporated herein by reference. 44. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t1dlb/a Defendant Hempt Bros. and, therefore, no answer is requiredo 45. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t1dlb/a Defendant Hempt Bros. and, therefore, no answer is required. COUNT IV Anne Towner v. Defendants 46. The answers set forth above in Paragraphs 1 through 45 are incorporated herein by reference. 47. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.CoP. 1029(e). This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and --"', '>"V',", ,"."'''-''''0' - .',,', """"""",'-'_ ..,~ :.., ,'- "C'" '''-,^,-.' ,'" . ... .', ,'I - " -. . .. ,~,.. ,"",,', ,-, ," ,--;'c- "^,-'~' ." '-' ,. ,,",', --, .k " U.f' ~ ~'., tldlb/a Defendant Hempt Bros. and, therefore, no answer is required as to those Defendants. 48. Deniedo The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and tldlb/a Defendant Hempt Bros. and, therefore, no answer is required as to those Defendants. WHEREFORE, Defendant Hempt Bros., Inco demands judgment in its favor and against Plaintiff Anne Towner. NEW MATTER 49. The Plaintiffs' claims may be barred or limited by the negligence of Plaintiff ]1: J Austin A. T ownero 'iil l~ j~ 50. The Plaintiffs' claims may be barred by Plaintiff Austin A. Towner's assumption of the risk. ,; !' 51. The Plaintiffs' alleged injuries and damages may be due to the acts or 1" omissions of third parties for whom the answering Defendant is not responsible or liable. :~ l 52. Some or all of the alleged injuries may be due to pre-existing conditions. 53. Plaintiffs may have failed to mitigate their damages. L' WHEREFORE, Defendant Hempt Bros., Inco demands judgment in its favor and ];1 rl ;:! {! ti against Plaintiff Anne Towner. i,--'! ~'.'})'C" "',- ,~, - --'-'-':','C"T.';:e~~"~,,...,,,.,-, _O"',',tJ'""<",",,",_,,, <,"'i'-:' ",',-'C' _ "",,"__,__ ~,~_ ,', ,__c~'" ',,_'''7'~---'<''A'--.,'-'' '<O',",{~ '"e", " ,~,- . CROSSCLAIM PURSUANT TO PA.R.CoP. 2252(d) AGAINST DEFENDANT IRON KETTLE. INC. 54. If the accident described in Plaintiffs' Complaint occurred as alleged therein, then Defendant Iron Kettle, Inc. is solely liable to the Plaintiffs. 55. In the alternative, Defendant Iron Kettle, Inco is jointly and/or severally liable with the answering Defendant, and/or Defendant Iron Kettle, Inc. is liable over to the answering Defendant for contribution and indemnity, the existence of any liability on the part of the answering Defendant being strictly denied. 56. The answering Defendant asserts this crossclaim against Defendant Iron Kettle, Inc. in order to preserve its right of contribution or indemnityo WHEREFORE, Defendant Hempt Bros., inc. demands that any judgment entered in favor of the Plaintiffs be entered solely against Defendant Iron Kettle, Inc. In the alternative, Defendant Hempt Bros., Inc. demands that in the event judgment is entered against it, any liability on its part being specifically denied, that said judgment be entered jointly and/or severally against Defendant Iron Kettle, Inc. together with Defendant Hempt Bros., Inc. or that Defendant Iron Kettle, Inc. be held liable over to Defendant Hempt Bros., Inc. for contribution or indemnity. THOMAS, THOMAS & HAFER, LLP -0 ~~k)~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 /.D. No. 06776 ATTORNEYS FOR DEFENDANT HEMPT BROS., INC. :130279.1 - ;'~ - . .-/,,",-, "', .,"A"',S"",<""nU,., '.",' ~-""->~,"""~''''''_'''"'R~'''','',~"","",,,,,. .', ,_"_,~"",~,, '"0'__>. ' __" ,- c") " ~' ~"~,~.' ._, __ "_ ',. __L" ,~,',_ .; ','_' , ....- " , ~" "~':-- ,~ '. ~~ "0 . '^' VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter and Crossclaim are true and correct to the best of my information, knowledge and belief. understand that any false statements contained herein are made subject to the penalties of 18 Pa. Co SA ~4904, relating to unsworn falsification to authoritieso Larry Phe baum, Safety Director DATED: 0 rl3(2--0 Q( "-;'mO!~. -~'," "--,..,:,,,~,,,,,,,,,,,,;.,,-~ "'". '!:"":';"'O'," '-",' '"'~~'-"'~,~~,.>'"7-?">..,-,,,",,,_,,,,,,,,,,'C,"->7'~__~' ~'" "'I'.'" '.~~".",~, ....".-.,"'.:;;'.'i""'~"":'-"'--- -,~'''l'''''''- -'-_'_ " - . ,",;;;. l~'C"~' <:1 ,Ji \ CERTIFICATE OF SERVICE AND NOW, this t.:5~y of July, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attomeys for Defendants Hempt Broso, Inc. hereby certify that I have this day served the within Answer with New Matter and Crossclaim by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Schaumann 17 Market Street York, Pennsylvania 17401 THOMAS, THOMAS & HAFER, LLP r_~~ Co Kent Price, Esquire . ';"f" :, '-, "- ,," ',"',':"~'':'~''-,b.,'',,_ ,"." "',," _ <~ :c"'".-',' ~ -"'1-",,, .,"".,.-r.'-C' ''''''-'. ' ,_ co'",,"'.,"-"_ - r::,.="'",,,"", '."' ''"',''<,'1< "'~, ' . " .",' ,_" .~~ ,,_ ,''''''''" ,'_'__ '.' "~.,,', '. ,." r'~' < ~ ~'" ~-~-~",,-,- " 11 , ~ ~ , ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : Noo 01-2173 Plaintiffs, IRON KETTLE, INCo, HEMPT BROS., INCo and MAX C. HEMPT and J. FORREST HEMPT, tld!b/a HEMPT BROS., Defendants : JURY TRIAL DEMANDED DEFENDANT, IRON KETTLE, INC.'S ANSWER TO DEFENDANT, HEMPT BROS.. INC.'S CROSSCLAIM PURSUANT TO PA R.C.P. 2252(d) 54. The allegations of this paragraph are denied. 55. The allegations oftbis paragraph are denied. 56. The allegations of this paragraph are denied. WHEREFORE, Defendant, Iron Kettle, Inc. requests this Court to enter judgment in its favor, as previously prayed for, with costs of suit. Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP B~~ Donald B. Hoyt, Esquire Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York,PA 17401 (717) 845-3674 Supreme Ct. J.D. #18061 r, T ,,~ ~', _,. .-", .,...."-,,,, ,~ '"'-" ), ' - , ~ TI. ^ . , ~ , ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW AUSTIN A. TOWNER and ANNE TOWNER, : No. 01-2173 Plaintiffs, IRON KETTLE, INC., HEMPT BROS., INCo and MAX C. HEMPT and J. FORREST HEMPT, tld/b/a HEMPT BROS., Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on . the person and in the manner indicated below: Service by first class mail on: Craig A. Stone, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 C. Kent Price, Esquire THOMAS THOMAS & HAFER 305 North Front Street Harrisburg, PA 17101 BLAKEY, YOST, BUPP & HERSHNER, LLP Date: 1}9-7/() I Bt22:4/ onald B. Hoyt, squire Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, Pennsylvania 17401 Supreme Ct. J.D. #18061 (717) 845-3674 ,;~ <. ~ " ,< ~. " , ~~ , "'~'ir n"~' '. ",~ c ,.. AUSTIN A. TOWNER and ANNE TOWNER, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA Plaintiffs vs. NO. 01-2173 IRON KETTLE, INC. and HEMPT BROS., INC., Defendants CML ACTION - LAW JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER OF DEFENDANT HEMPT BROS.. INC. 49-53. The averments of the corresponding paragraphs of Defendant's New Matter are conclusions of law to which no answer is required. If an answer is deemed required, the same are denied in conformance with Pa.R.C.P. 1029(e)0 WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed. By: 3401 North Front Street P.Oo Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 ME Attorneys for Plaintiffs ! DATED: August 9, 2001 ';::;J ,J~ "~'''--''''~;'~'''''''"n''~'''.'''',"..''_ "'~'''',n. -t,~ .".' ". "'i.H' "', ~- .~ 1"'" . . .. VERIFICATION 1, Austin Ao Towner, hereby acknowledge that I have read the foregoing 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~ rQ-. <J tM1-- Austin A. Towner DATED: August 9, 2001 ":E., ,. -, .~.~, - -~ - ~ - ~ ~ - ~-,. lL'< ~~>^ ~n ~ ,~ )t ~,,";:j . :':,~f, .'f! "'<.'ri, . CERTIFICATE OF SERVICE I certify that 1 am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 Attorney for Defendant, Iron Kettle, Inco C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant, Hempt Broso, Inc. Craig A. Stone Supreme Cou ME By: 3401 North Front Street P.Oo Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: August 9, 2001 ., ~~, ,"">, -,' ,~ , ,- -':.(>-1<"'" - 'o__c.,;__,nn_;_,' ?-.'. , ..''1 - "~~ ,~ i r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, No. 01-2173 Plaintiffs, VSo CIVIL ACTION - LAW IRON KETTLE, INC., HEMPT BROS., INCo and MAX C. HEMPT and Jo FORREST HEMPT, tJdJb/a HEMPT BROS., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009-21 Donald B. Hoyt, Esquire, Attomey for the Defendant, IRON KETTLE, INC., intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. BLAKEY, YOST, BUPP & RAUSCH, LLP BY:~/,{ Donald B. Hoyt, Esquire Attorney for Defendant, Iron Kettle, Inc. S. Ct. LD. #18061 17 East Market Street York,PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Date: ..2 / ~ ~ , '~'~~"'.I I'I'll!!! r .~.- o. "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, No. 01-2173 Plaintiffs, VSo CIVIL ACTION - LAW IRON KETTLE, INCo, HEMPT BROSo, INCo and MAX C. HEMPT and Jo FORREST HEMPT, t1d1b/a HEMPT BROS., Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that 1 have this day caused a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009021, to be served upon the following person in the manner indicated below: By First Class Mail on: Craig A. Stone, Esquire Mette, Evans & Woodside P. O. Box 5950 Harrisburg, P A 1711 0-0-950 C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Po O. Box 999 Harrisburg, P A 17108 BLAKEY, YOST, BUPP & RAUSCH, LLP By: /'4....J /~. a,........- ~ol(jjralegal Dated: 4-~ c- ,.;~. lL "'1""""" ~,,"7"",.. ~, 'J,'" , ~> ... ~ -- -..,-, v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, Noo 01-2173 Plaintiffs, vs. CIVIL ACTION - LAW IRON KETTLE, INC., HEMPT BROS., INC. and MAX C. HEMPT and J. FORREST HEMPT, t/d/b/a HEMPT BROS., Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 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 the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to counsel for the Plaintiff on February 5, 2002; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. Date: 07';'-- q~a"", Attomey for Defendant, Iron Kettle, Inco 'fiL ,",_. . ~ , ,~ "] is' =, =.' "~ -~ , " ; "1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, No. 01-2173 Plaintiffs, vs. CNIL ACTION - LAW IRON KETTLE, INCo, HEMPT BROSo, INC. and MAX C. HEMPT and J. FORREST HEMPT, t/dlb/a HEMPT BROS., Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 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 the subpoena with a copy of the subpoena attached thereto was mailed or delivered to counsel for the Plaintiff on June 28, 2002; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received; and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. ~"= Attomey for Defendant, Iron Kettle, Inc. Date: 1/1 '/tJ1!.-- f ' ,,'.. " '~{'f' ~ '~',-i";;" ,',,- ,;',=" ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, No. 01-2173 Plaintiffs, vs. CIVIL ACTION - LAW IRON KETTLE, INC., HEJ\1PT BROS., INC. and MAX C. HEJ\1PT and Jo FORREST HEJ\1PT, t/dlb/a HEJ\1PT BROS., Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009-21 Donald B. Hoyt, Esquire, Attorney for the Defendant, IRON KETTLE, INe., intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be servedo BLAKEY, YOST, BUPP & RAUSCH, LLP B~<2.~ h"- onald Bo Hoyt, Esquire Attomey for Defendant, Iron Kettle, Inco S. Ct. LD. #18061 17 East Market Street York,PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Date: c.IWdJ ~ / . T"--'~".,- , r"'- ""'," ~ ,. ' - " ",r' __ [, ,~ , " " I -,. ~ ~. "", ,. , '" j , <":>;':0:' ~) , i , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, No. 01-2173 Plaintiffs, vs. CIVIL ACTION - LAW IRON KETTLE, INCo, REMPT BROS., INC. and MAX C. HEMPT and J. FORREST HEMPT, tldlb/a HEMPT BROS., Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day caused a copy of the foregoing Notice ofIntent to Serve Subpoena. to Produce Documents and Things for Discovery Pursuant to Rille 4009.21, to be served upon the following person in the manner indicated below: By First Class Mail on: Craig A. Stone, Esquire Mette, Evans & Woodside P. O. Box 5950 Harrisburg, P A 17110-0-950 C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Po 00 Box 999 Harrisburg, P A 17108 BLAKEY, YOST, BUPP & RAUSCH, LLP By: ~. 0.~,<- . oIl, Paralegal Dated: ~/u!<;"L- / 'jii> . ~ r ... AUSTIN A. TOWNER and ANNE TOWNER, Plaintiffs v. IRON KETTLE, INC., HEMPT BROS., INC., and MAX C. HEMPT and J. FORREST HEMPT t/d/b/a HEMPT BROS., Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CMLACTION - LAW NO. 01-2173 JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned matter settled and discontinued. DATED: June 2, 2003 .:1 ! ,':-%- : ,,:,>',,!'-"~( _ ."""F"'o:"....,.,,t", }"_ .',"0'. ~,"'(_ _ h''''-'v >-- Respectfully submitted, By: SIDE CraigA. on I. D. #15907 3401 North Fro t treet P. O. Box 5950 Harrisburg, PA 17 10-0950 (71 '7\ ?3? -5000 , ...,/.... - Attorney for Defendant Memorial Hospital 1,.'<' " ,-- ,-~ ". - ,_~~_. - "_'~,' _ 'C>: -', ."-- "; \~' <-- , - . ~ .....,. . /~~ f'. \,~, ~ ..'\ . " CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the 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 same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Kent Price, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 By: DATED: June 2, 2003 :327674 _1 'L~m>-;"",,>'c ~_~', ",'''"'."''-'_~,,,'.~.,_,,_>, ,~_, rJL~, "_1'_, y;c,"",''''~~ ..'c, - ,- ". , '." ~'"