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HomeMy WebLinkAbout01-06348 =~~~ -,~ ,.~... , ,." ., ... >-""+"~~L~""( ..... - ,,~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTHEWS ARIKA BAILEY ET AL VS OLLIE'S BARGAIN OUTLET 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: MGB ENTERPRISES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 28th, 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 6.00 9.00 10.00 30.50 ,00 55.50 11/28/2001 IRWIN MCKNIGHT ~~ R. 'Thomas K I e Sheriff of Cumberland County HUGHES Sworn and subscribed to before me this jO~ day of~ ,20-0 I A.D. O'f-<-f2 ~ '~' Prothonotar '" - - "~ ,- - ~ J """,;;;uh. . SHERIFF'S RETURN - REGULAR CASE NO: 2001-06348 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MATTHEWS ARIKA BAILEY ET AL VS OLLIE'S BARGAIN OUTLET 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 OLLIE'S BARGAIN OUTLET INC the DEFENDANT , at 0940:00 HOURS, on the 15th day of November, 2001 at 6040 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to BRUCE SHELLY, MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.80 .00 10.00 .00 35.80 r~ ~~~A R. Thomas Kline - me this .de) Ic:o day of 11/28/2001 IRWIN MCKNIGHT HUGHES BY'~~'IfI- D puty er' f -- Sworn and Subscribed to before i1A~ ,~l A.D. ~O~~ r thonotary , w , ' ","""., . k, .'"' ~ '",," ^; ,'-J. :. ,~,,-,-<= ,'.~, '1 'j~i In The Court of Common Pleas of Cumberland County, Pemnsylvania lIrika Bailey Matthews VS, Ollie's Bargain Outlet Inc et al MGB Enterprises, Inc. SERVE: No. 01 6348 civil Now, November 14., 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriffof Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '/7../" . ~. ~~-<,~~ Sheriff ofCurnberland County, PA Affidavit of Service Now, , 20_, at 0' 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, FA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA V1T $ $ "~ .~., -, ~ ,.," ", ,,~-~,~ ~,~"'-~- _o_~ "-"~ --''''''"''-'''''''~-~~"''',l&M>;'~--f'''"-,__ -'-""f_:,",'-ii'(!~! AmKAB~EYMATTHEWSmd MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : () I-W tip : NO. CIVIL TERM v. CIVIL ACTION -LAW OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPmSES, INC., Defendants NOTICE TO DEFEND 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, order 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 (717) 249-3166 1-800-990-9108 -:~ .', ~ " . -,~^ '~-","",.,-~ ,-~. ~"~_.".",,,,,,,;(; ..'~-- ",',..C 'oW Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 . . t~ ~ ,- _o,,_"_~_ ~,~-~,--~~-'~,~."~ ~~--, ~"".u"'~~--""_p~''''__=='''_'''h,'--'!.,___, hf-.. -C"",,~; ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND CQUNTY, PENNSYLVANIA : 1.3L.1Y NO.ill- CIVIL TERM v. CIVIL ACTION - LAW OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants COMPLAINT AND NOW, this 7th day of November 2001 come the plaintiffs, ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., by and through their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, OLLIE'S BARGAIN OUTLET, INC. and MGB ENTERPRISES, INC, as follows: 1. The plaintiffs are Arika Bailey Matthews and Merle E. Matthews, Jr., who are adult individuals residing at 5612 Erly Road, Elliottsburg, Pennsylvania 17024. 2. The defendant, Ollie's Bargain Outlet, Inc" is a Pennsylvania Corporation with a primary business location situate at 6040 Carlisle Pike, Mechanicsburg, Pennsylvania 17055, 3. The defendant, MGB Enterprises, Inc" is a Pennsylvania Corporation with its primary business address located at 6295 Allentown Boulevard, #A, Harrisburg, Pennsylvania 17112. 3 - .'." - "~.^~, ^_,,,,,-,""":_'''4~.,, ,'.'-, ", ,--, , ill~-&iii'.' 4, On February 5, 2000, the plaintiff, Arika Bailey Matthews, went to the business location of Ollie's Bargain Outlet, me, as a business invitee, She was returning some items she had previously purchased at the location of the business being 6040 Carlisle Pike, Mechanicsburg, Pennsylvania 17040, 5. The property is owned by defendant, MGB Enterprises, Inc., and is leased to defendant, Ollie's Bargain Outlet, Inc. 6. The plaintiff arrived at approximately I :30 p.m. on February 5, 2000, and parked in the parking lot of the business, 7. The plaintiff picked up her seven (7) month old daughter and carried her along with the several return items toward the store entrance. 8. As the plaintiff, Arika Bailey Matthews, approached the entrance she tripped over a ridge of ice located on the sidewalk and fell backwards onto said sidewalk. 4 .. ._, n"o ,. ~~.~~~ ~ '~"'- ",-.-"~,~, . -';""''''''''''' ~'C~~;~" '_"~_;.' ,,' tl;;'N:i!' 9. The ice was created by water dripping from broken spouting located above the sidewalk area. 10. The plaintiff, Arika Bailey Matthews, was able to hold onto her child as she fell backward onto the concrete sidewalk. Her child was not injured, but Arika Matthews sustained injuries to her head, neck and back as well as her right arm. II. The plaintiff, Arika Bailey Matthews, lay on the pavement for nearly one-half hour prior to being transported by ambulance to Holy Spirit Hospital, 12. The plaintiff sustained a concussion to her head and bruising injuries over a large portion of her body. 13. As a result of the fall, the plaintiff, Arika Bailey Matthews, has sustained damages consisting of her lost wages and medical expenses. 14, The plaintiff also sustained injuries causing significant pain and suffering and seeks damages for pain and suffering as well as damages for any permanent injuries. 5 "1 ~- ..~ -~~ ---,,~.=-> "';_"'""">';"'''~,,"~H.' .-'~,'" -_.,-"',~-"=.~.---~~ '. -~,fi;,4'.. ,", -.-__,'-:cJ>~dtj 15. The plaintiff, Merle E. Matthews, Jr., seeks damages for the loss of the society of his wife, Arika Bailey Matthews, and seeks damages for said losses. The plaintiff, Merle E, Matthews, Jr" also seeks damages for the costs and expenses incurred by the fall of his wife. COUNT I ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS. JR. v. OLLIE'S BARGAIN OUTLET. INC. 16, The averments offact contained in paragraphs one (1) through fifteen (15) are hereby incorporated by reference and are made a part of this Count. 17. The defendant, Ollie's Bargain Outlet, Inc., was responsible for maintaining the property and for removal of any ice and snow from the sidewalks leading to its store entrance, 18. After the plaintiff, Arika Bailey Mathews, fell, the employees of the defendant, Ollie's Bargain Outlet, Inc" admitted that they had no salt or any other item which would either melt the ice of provide better footing over the ice, At the end of the time lying on the sidewalk, the defendant's employees spread cat litter around the plaintiff as she awaited medical attention. 19. The defendant, Ollie's Bargain Outlet, Inc., knew that the spouting over the sidewalk needed repair and failed to repair the spouting nor did it remove the ice being formed under the spouting. 6 ~~" ,__, ,__ -~~-'M ., ~W~" -~- 'M-'-';'''''''"'''!.>.'''~~'''_~-'_'""",,,:_<'_'A,1;' ,~ ';" _.C _~,: 20. The defendant, Ollie's Bargain Outlet, Inc" failed to provide for any warning cones or other warning signs of the ice formed upon the sidewalk. The most recent ice or snow storm had occurred several weeks prior to the fall of the plaintiff, Arika Bailey Matthews, 21. The defendant, Ollie's Bargain Outlet, Inc" was negligent in that it failed to do the following: a, Remove the ridge of ice that was forming and had formed on its sidewalk. b. Provide any warning by the use of cones or signs of the icy conditions. c. By failing to maintain and/or repair the defective spouting. d, By failing to place any ice melt or other chemical on the ridge of ice over which the plaintiff was expected to travel. e. By failing to promptly provide medical attention to assist the plaintiff following the fall. 22, The negligence of the defendant, Ollie's Bargain Outlet, Inc., is the proximate cause of the injuries sustained by the plaintiffs, The defendant had more than sufficient notice of the dangerous conditions and took no actions to correct it. WHEREFORE, the plaintiffs, Arika Bailey Matthews and Merle E. Matthews, Jr., seek damages against the defendant, Ollie's Bargain Outlet, Inc" in excess of Twenty-Five Thousand and noll 00 ($25,000.00) Dollars together with the costs of this action and interest as permitted bylaw. 7 _", ..' .~ ~"'<'0~"_~"_''''''_'','''' ',' '",,,," ,,,,'~ _, I!;. -, _ ";j, COUNT n ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS. JR. v. MGB ENTERPRISES. INC. 23. The averments offact contained in paragraphs one (1) through twenty-two (22) are hereby incorporated by reference and are made a part of this Count. 24, The defendant, MGB Enterprises, Inc., was responsible for maintaining the property and for removal of any ice and snow from the sidewalks leading to its store entrance. 25. After the plaintiff, Arika Bailey Mathews, fell, the employees of the defendant, MGB Enterprises, Inc., admitted that they had no salt or any other item which would either melt the ice of provide better footing over the ice. At the end of the time lying on the sidewalk, the defendant's employees spread cat litter around the plaintiff as she awaiting medical attention, 26. The defendant, MGB Enterprises, Inc., knew that the spouting over the sidewalk needed repair and failed to repair the spouting nor did it remove the ice being formed under the spouting. 27. The defendant, MGB Enterprises, Inc" failed to provide for any warning cones or other warning signs of the ice formed upon the sidewalk. The most recent ice or snow storm had occurred several weeks prior to the fall of the plaintiff, Arika Bailey Matthews. 8 J'~ -- ~,-< ~-~, ,.~=r",'>___~_'"~ ~m<_'K'""~_",,,. --c----~uJj~:J, 28. The defendant, MOB Enterprises, Inc., was negligent in that it failed to do the following: a. Remove the ridge of ice that was forming and had formed on its sidewalk. b. Provide any warning by the use of cones or signs of the icy conditions. c, By failing to maintain and/or repair the defective spouting. d. By failing to place any ice melt or other chemical on the ridge of ice over which the plaintiff was expected to travel. e, By failing to promptly provide medical attention to assist the plaintiff following the fall. 29. The negligence of the defendant, MOB Enterprises, Inc., is the proximate cause of the injuries sustained by the plaintiffs. The defendant had more than sufficient notice ofthe dangerous conditions and took no actions to correct it. WHEREFORE, the plaintiffs, Arika Bailey Matthews and Merle E. Matthews, Jr., seek damages against the defendant, MOB Enterprises, Inc., in excess of Twenty-Five Thousand and no/lOO ($25,000,00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, By: Date: November 7, 2001 9 "..-~, '."~.'"~" -~~-"". = - .'."-,"'Y-' "'. '_~' "'"Jj! VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preraration of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. M~~ ARlKA BAILEY TTHEWS Date: November 7, 2001 10 <~ ~~~' ,-;.;"~ .l~- ("'"'-f'-" ,,,- . ~,~~,"-"-." -'citi.iia-'.-"r.. e '\:0" ~ . ,/ ..4L.LLLJ..!lll.l.IUI ~- "<~~~1im~Jir/.!!\if!at'$; ~ p,,~'-:;'-'-: ,~'~~~.,."- '"'~";"" - -,..-- ! .,,,,,",,,,o,,,.,,, I-! ~ ~ 9J I/) ~ ~ -2: ~ ~ ,~, ~ 8 ~ I ~~ ;'1 ,~'. ~~ -" --" ~'"~-^~-~-~ ,".-,' --~"'-, --,-,p- , e . ~ s:= :0.- , -" - .. r;..... ..., --=; g ~) -< ~ - " ~j ~ ~~ , lv' ^-,", "'. '..-.-J. 'lilL~~t-,' t ~. @ffitt of tlr~ ~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, PennsyJvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MATTHEWS ARIKA BAILEY County of Dauphin vs MGB ENTERPRISES INC Sheriff's Return No. 3263-T - -2001 OTHER COUNTY NO. 01-6348 AND NOW:November 20, 2001 at 8:25AM served the within NOTICE & COMPLAINT upon MGB ENTERPRISES INC by personally handing to CINDY HILL, ACCOUNTING 1 true attested copy (ies) of the original NOTICE & COMPLAINT and making known to himlher the contents thereof at 6295 ALLENTOWN BLVD. #A HARRISBURG, PA 17112-0000 PROTHONOTARY So Answers, Jf~ ::.~~'" Deputy Sheriff Sworn and subscribed to efore me this 21ST day of NOVEMBER, 2001 ~~. PaWw) Sheriff's Costs: $30.50 PD 11/19/2001 RePT NO 156810 TORO -, " ~. ~ ~' - ~ ~. -",.'~~ -,,~ '---";-'~'. ,.,-- .".-,'" -,'",~-- --,. .,'.,_'. :i~,i_ ,-- '.,L':, ,-",;"',:~:,~'",,__:'" --~ .. ., Karen S. Coates, Esquire Attorney 1.0. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendants ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS,1R., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION n LAW NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INe., Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Karen S, Coates, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Attorneys for Defendants, OLLIE'S BARGAIN OUTLET, INC. and MGB ENTERPRISES, INC. ",' 'J_,,~-,qJ'~el;~{~i~~1~~{~~~~;:r:~~~'~!~;~~;;--'. '-,' ,o,)-~-. .,i~.'-o ,,<'''-~.~ :~-"-~ :.-. ~'--'. '-''->''iV'';'" - '-'-'~; :i .e,,,,--:;, CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on this date, on all counsel of record as follows: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, Pennsylvania 17013 Dated: I () I uj 02.. ~~ ~:f.~~~~iiliJR~~~IlI~iIliI~.)~...w.~i,"~,"",~lM'~;lIitiaWil*i~ .:.',\' '" ;~,,li.iJj;;U&;" _,'I.",," ,",,"a~~ ", , '<<'" ,'".;'i.;a;';-..;;j~ ",.Ii '"'"-"-=~,,,,,-,,,,,,.- -'-_, _.~_._ h ,.IL 1 ..t::\~r'Jr ] lltlL ~~ - L~t[1rU",~!E~.,,"J~';<,;'l,J:-_,-,>cJ__,~OO~nl~1ra:'L . "h,,'l'_"' '~~, ,_c,'V.' _", .- o c:: $: -Ucri' ~~~~j Z~ ~)~} r:. 'c'--, <. ?~. -/U "=0 ;Pc z :< ,~~ --~ C ;,) o " -1 N (,...;, o "T! ---{ ~Q :~': ~ ',: .-,- l , .J()- i~~~ Orn -,..1 )..---: .~ :< -'~J ~.~'" f',) (,j .-1 ~ :J1/ ;&'/ .. .of Kuren S. Coates, Esquire Attorney LD. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717)237-7]2] Attomeys for Defendants ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR.. Her Husband, IN THE COURT OF COJ'vIl\lON PLEAS OF CUMBERLAND COUNTY, PEJ\TNS YL VANIA Plaintiffs v. CIVIL ACTION -.. LA \V NO. ()j-6348 CIVIL TERM OLLIE'S BARGAIN OnTLET, INC., and MGB ENTERPRISES, INC., Defendants JURY TRIAL DElvIANDED Defendants intend to serve wbpocnas identical to the ones tMt are attached to this notice. You have twenty (20) days from the dale Hsled bGlovi in which to file of record and serve uJlon the ulldersigned an objection to tbe wbpoen,1. I1'no objection is made, the subpoena will be served. Respectfully submitted, '.'-'--...,.. by; __ ,; 1',;J S, co) TES, ESQUIRE Attorney for Ddembms Atto1'iley 1.D. No.: 52654 Thom:\s, Thomas & Hafer, LLP 3051Jorth .Front Street P.O. Box 999 HarrishlU'g, PAl'll 08-0999 Jf'1 ~._,~-~, .,- -_"'_-'_'e~"'; '-' -.....--.... +" '~",_~,-,-,,,,~""~':;"":i-'r,:.;.,-_.~c"'-__;"~'-0,;;,,,,;,_-__. '--~-";_;r'-~'_~--'_;j 'I CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct COpy of the foregoing document by first class mail, postage pre-paid, addressed to the following; Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 THOMAS,THOMAS & HAFER, LLP ~~. QffiLh Barbara Onorato, Legal Assistant Date; November 15,2002 .,~ ",. ~. .~ ,-.--,- _ J_,_,I ",-,- --''-',-<-;','..-'''', 1~1d- ,. . ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants : WRY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21st Street, 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: Complete copies of anv and all medical records. medical reports. medical bills. diagnostic studies. notes. correspondence. MRI films. CAT scans. and/or x-ray films regarding Arika Bailev Matthews. SSN: 208-58-9373. d/o/b: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (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 tins subpoena may seek a court order compelling you to comply with it. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, P A 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy -, -, j,. "_J "0 _ ~ . ,,1., ' ""i(~!! ~ ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC" and MGB ENTERPRISES, INC., Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Todd Samuels, 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: Complete copies of anv and all medical records, medical reports. medical bills. dialillostic studies. notes. correspondence. MRI films. CAT scans. and/or x-ravfilms regarding Arika Bailev Matthews. SSN: 208-58-9373. d/olb: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. (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: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Derendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy . - ,I. '"'.' , o 'c , ,_c" - ~" . "CO__, ~~ ~..\ ._, ." y-'- "'ii> \ ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Robert Michelini, 159 Center Road, New Bloomfield, P A Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records, medical reports, medical bills, diagnostic studies, notes, corresjJondence. MRI films, CAT scans, and/or x-rav films regarding Arika Bailev Matthews, SSN: 208-58-9373. d/o/b: 12/25/77 at: Thomas, Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999, Harrisburg, P A 17108- 0999. (Address) You may deliver or mail legible copies of the documents or produce things requested by tillS 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: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Hanisburg, P A 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ~.; . ,'- - t~~~-; , , > ..... ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants mRY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medicine Shoppe 1314, 48 Red Hill Court, Newport, PA 17074 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all pharmacv records. prescription notes. correspondence. writings. etc. for Arika Bai1ev Matthews. SSN: 208-58-9373. d/o/b: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (Address) You may deliver or mai11egib1e copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making tins 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: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE; (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy :ik"fj~~~~iW:ili!Mdt~:1iit~ilm1iID\:Jfi.I&til<it~~*,h"i;,"'~:;,(",>, >>-'-h,-:."-,;~,,,,.,"_-d>lr<N.~a~~JITjliml1k~~~*'''''>.i~lit-<!~..~ IlI!U:ilt III 11111 n mill! u ~.~"""~"..H",,"<>",,",, " '" .,0",," ,,~_, - .,~-,~-, iill~'l$i o C' '. "'::1;:", C~!\T:, ~~\ p "'7.,-=: ') \.c' - .,' 1 - " ~ ~-.,) 0"\ ----.... -~- "f', ,~~,~-,-~-~ . <"-~ ,c , . " ~_ ,'__~ -,' r. ',"., ~-'. ',' o'4"',,8~ '";.,.,,,~, '"''",'i_-'''''__-_.-~:'"'H'=''''',~-__-'"~'''_'_,'., : ~,\.,. ,.~~-);~;&t. . ~ Karen S. Coates, Esquire Attorney \.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendants ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION -- LAW NO. 01-6348 CNIL TERM OLLlli'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs Arika Bailey Matthews and Merle E. Matthews, Jr., Her Husband c/o Marcus A. McKnight, ill, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, Pennsylvania 17013 You are hereby notified that you are required to respond to the enclosed Answer with New Matter within twenty (20) days of service or a judgment may be entered against you. n S. Coates, Esquire Attorney I.D. # 52654 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7121 Date: If1..ajoz.. Attorneys for Defendant -~~: .-" ~" ~"'-,U- , ,c__. _" " ,..;.,,~ _--"",~,,,"^,.,, ,,,- c.-'_'.;..;';">,>,,,.-;_, '_,,-,-' ',,",. 'i':~ ",~'-,;,'~ . 'e"'-' ~ -~;;;4"i.' ... " Karen S. Coates, Esquire AttorrleY ID. # 52654 Thorraas, Thomas & Hafer, LLP 305 North Front Street P. O. llux 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attomeys for Defendants ARIKA BAILEY MATTHEWS and MERIE E. MATTHEWS, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INe., and MGB ENTERPRISES, INe., Defendants JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER And now, comes Defendants Ollie's Bargain Outlet Inc. and MGB Enterprises, Inc., by and through their attorneys, Thomas, Thomas & Hafer, LLP, and file the within Answer to Plaintiffs' Complaint: 1. Denied. After reasonabJe investigation, Defendants are withont knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 2, Admitted in part and denied in part. It is admitted that Defendant Ollie's Bargain Outlet, Inc. is a Pennsylvania corporation with a business location situated at 6040 Carlisle Pike, Mechanicsburg, Pennsylvania 17055. It is, however, specifically denied that the business location situate at the foregoing address is Defendant's "primary" business location and proof is demanded, 3. Admitted. 4. Admitted in part and denied in part. It is admitted that on or about February 5, 2000, Plaintiff Arika Bailey Matthews was on the premises of Ollie's Bargain Outlet at 6040 Carlisle Pike in Mechanicsburg. With respect to the allegation that Plaintiff was a "business invitee" the 2 . _"k' "_ ,,-.- ' _ - '_" " "c. ,.;-,', "-'"~,'-~ ~.,,, ",-..,. '.,,,} J~,-"-~-,.'_,,~,-"'i,,,'~';", ;;'--i'>~:;J,~- ,""'..'<';--1;.'0",; '-~',o _ ',,__-,,', '^ ... . allegation constitutes a legal conclusion to which no response is required. By way of further answer, the remaining averments are specifically denied since after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Plaintiff was on Defendant's premises on February 5, 2000. With respect to the time Plaintiff arrived and where Plaintiff parked, the averments are specifically denied since after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 7. Denied. After reasonable investigation, Defendants are without knowJedge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 8. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 9. Denied, It is specifically denied that there was any ice created by water dripping from broken spouting located above the sidewalk area on Defendants' premises on or about February 5, 2000 and proof is demanded. 10. Admitted in part and denied in part. It is admitted that Plaintiff's child was not injured while on the Defendants' premises on February 5, 2000. With respect to the remaining allegations, the averments are specifically denied since after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 11. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 3 , . --~'-'" -' ~,_" ,;,,,.~ ,>'~>-C~,' ,.,. ,",,' '.,po. -~-_,-'C_',>;.!O-;;..o -'"~_-;- .-~; ., 13. Denied. The averments of paragraph 13 constitute legal conclnsions to which no response is required. By way of further answer, it is specifically denied that any couduct on the part of Defendants resulted in Plaintiff s alleged fall and/or damages in the form of lost wages and medical expenses and proof is demanded. 14. Denied. The averments of paragraph 14 constitute legaJ conclusions to which no response is required. By way of further answer, it is specifically denied that Plaintiff Arika Matthews sustained injuries resulting in significant pain and suffering and/or permanent injuries and proof is demanded. 15. Denied. The averments of paragraph 15 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied tbat Plaintiff Merle E. Matthews is entitled to damages for the loss of society of his wife, Arika Bailey Matthews, aud/or the losses were the responsibility of Defendants and proof is demanded. Furthermore, it is specifically denied that PJaintiff Merle E. Matthews is entitled to damages for costs and expenses he allegedly incurred as a result of bis wife's fall and proof is demanded. COUNT I ArUm Bailey Matthews and Merle E. Matthews Y. Ollie's Barl!:ain Outlet. Inc. 16. Paragraphs 1 to 15 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by reference. 17. Admitted in part and denied in part. It is admitted that on or about February 5, 2000, Defendant Ollie's Bargain Outlet was responsible for maintaining the property at 6040 Carlisle Pike in Mechanicsburg. It is, however, specifically denied that said responsibility required the removal of "any ice and snow from the sidewalks leading to its store entrance" and proof is demanded. By way of further answer, Defendant's obligation was to exercise reasonable care with respect to maintenance of the property and to address those conditions of which it had actual or constructive notice. It is, however, specifically denied that at any time herein mentioned, Defendant failed to fulfill its responsibility of maintaining the property and proof is demanded. 4 .. .,,-" ~,~__"",,'_"C_'r '. , ~,,~_ "" --.' ,'u_ -_,,-,- ,-""_:;,,,',' N~- ~ ,.<. ",;,,_, ,-.' "0_ ;""/"";:.0':;';""",",..-'.<' '__'k::'>:)! . 18. Admitted in part and denied in part. It is admitted that at some point on February 5, 2000, Defendant spread cat litter and non-skid material along the sidewalk. It is, however, specifically denied that Defendant and/or its employees admitted that they had no salt or any other item which would melt the alleged ice or provide better footing over the alleged ice and proof is demanded. Moreover, it is specifically denied that the non-skid material was spread "at tbe end of the time" Plaintiff was lying on the sidewalk as she "awaited medical attention" and proof is demanded. 19. Denied. It is specifically denied that tbe spouting over the sidewalk needed repair and/or tbat Defendant Ollie's Bargain Outlet had knowledge that such repairs were necessary. Moreover, it is specifically denied that Defendant Ollie's Bargain Outlet knew that the spouting over the sidewalk needed repair and failed to repair the spouting and/or remove the ice being formed under the spouting and proof is demanded. Defendant specifically denies that it had notice or knowledge of any such condition and proof is demanded. 20. Denied. With respect to the averment regarding the time when ice or snow last fell in relation to Plaintiff's fall, the averment is specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and proof is demanded. The remaining averments, with respect to the alleged failure of Defendant to provide warning cones or other signs of the ice formed upon the sidewalk is specifically denied and proof is demanded. By way of further answer, Defendant had no actual or constructive notice of the alJegedly icy condition upon the sidewalk and proof is demanded. 21. Denied. The averments of paragraph 21, including subparagraphs (a) through (e) constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant Ollie's Bargain Outlet, mc. was negligent in any manner whatsoever. Furthermore, it is specifically denied that Defendant Ollie's Bargain Outlet was negligent in that it failed to do the following: (a) Remove the ridge of ice that was forming and had formed on its sidewalk and proof is demanded; 5 _'N " ,-.' . 'r~<\.'i y.~' '. '.' .,.., 0""';;"',_ '<.-""" - ,.~;:.~ - - .- c>; ~';,jJ;"':'~f'" -.-' :"~' ~>-, \tJi ,? ~ (b) Provide any warning by the nse of cones of signs of the icy conditions and proof is demanded; (c) Failing to maintain and/or repair the defective spouting and proof is demanded; (d) Failing to place any ice melt or other chemical on the ridge of ice over which the Plaintiff was expected to travel and proof is demanded; ( e) Failing to promptly provide medical attention to assist the Plaintiff following the falJ and proof is demanded. 22. Denied. The averments of paragraph 22 constitute Jegal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant Ollie's Bargain Outlet, Inc. was negligent in any manner whatsoever. Furthermore, it is specificalJy denied that any conduct on the part of Defendant Ollie's Bargain Outlet was the proximate cause of the injuries sustained by the Plaintiffs and proof is demanded. Finally, it is specifically denied that any dangerous condition existed on Defendant's premises and/or tbat Defendant had notice of any snch condition and unreasonably failed to take action to correct it and proof is demanded. WHEREFORE, Defendant Ollie's Bargain Outlet, Inc. requests that this Court enter judgment it in its favor and against Plaintiffs Arika Bailey Matthews and Merle E. Matthews together with costs of suit. COUNT II ARIKA BAILEY MATTHEWS and MERLE E. MATTHES. .JR. V. MGB ENTERPRISES. INC. 23. Paragraphs I to 22 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by reference. 24. Denied. The averments of paragraph 24 constitute legal conclusions to which no response is required. By way of further answer, the averments are specifically deuied and proof is demanded. 25. Denied. It is specifically denied that any employees of Defendant MOB Enterprises, Inc. were on the premises at the time of Plaintiff s fall. Accordingly, the remaiuing averments are specifically denied and proof is demanded. 26. Denied. It is specifically denied that Defendant MOB Enterprises, Inc. was responsible for maintaining the property at the time of the aforementioned incident and proof is demanded. Moreover, it 6 "~ coo; ,. , ~---.,-.-.- -o,,~o,-__-'__~_" -,'~--",",<>.'-" '",,":;-';'''-,",-~,"- '''-';'''"",J!i-;,;;,;;i,,,,'i'''''-,;;'.,"'''~-'':' ,"",.< l['lf~~i -,' , - is specifically that the spouting over the sidewalk needed repair and/or that Defendant MOB Enterprises, Inc. had knowledge that such repairs were necessary and proof is demanded. Furthermore, it is specifically denied that there was any ice formed under the spouting and/or that Defendant MOB Enterprises, Inc. had notice of any such condition and proof is demanded. 27. Denied. With respect to the averment regarding the time when ice or snow last fell, in reJation to Plaintiff's fall, the averments are specificalJy denied since after reasonable investigation, Defendant is witbout knowledge or infonnation sufficient to form a belief as to the truth of the averment and proof is demanded. The remaining averments are specifically denied and proof is demanded. By way of further answer, Defendant did not have actual or constructive notice of the allegedly icy condition upon the sidewalk and proof is demanded. 28. Denied. The averments of paragraph 21, including subparagraphs (a) through (e) constitute Jegal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant MOB Enterprises, Inc. was negligent in any manner whatsoever. Furthermore, it is specifically denied that Defendant MOB Enterprises, Inc. was negligent in that it failed to do the following: (a) Remove the ridge of ice that was forming and had formed on its sidewalk and proof is demanded; (b) Provide any warning by tbe use of cones of signs of the icy conditions and proof is demanded; (c) Failing to maintain and/orrepair the defective spouting and proof is demanded; (d) Failing to place any ice melt or other chemical on the ridge of ice over which the plaintiff was expected to travel and proof is demanded; ( e) Failing to promptly provide medical attention to assist the plaintiff following the fall and proof is demanded. 29. Denied. The averments of paragraph 29 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant MOB Enterprises, Inc. was negligent in any manner whatsoever. Furthermore, it is specifically denied that any conduct on the part of Defendant MOB Enterprises, Inc. was the proximate cause of the injuries sustained by the Plaintiffs and 7 ." '-'>.'= '; ^~ . C'_,.':"""'''' '-;"-"",.,,~ 0 <',_'A',. ."'u . ,-"'__".."_;<-oJi""-,^,-;;;ji";.\;J;<i'"",j;_~V,,,,.;,',,c;.;So ,~-".~ "':-';"t~ .' ~ proof is demanded. Finally, it is specifically denied that any dangerous condition existed on Defendant's premises and/or that Defendant had any notice of any such condition and somehow unreasonably failed to take action to correct it and proof is demanded. WHEREFORE, Defendant MGB Enterprises, Inc. requests that this Court enter judgment it in its favor and against Plaintiffs Arika Bailey Matthews and Merle E. Matthews together with costs of suit. NEW MATTER 30. Paragraphs I to 29 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by reference. 31. Plaintiffs' claims are barred by the statute oflimitations. 32. Plaintiffs' cause of action is barred by the contributory negligence of Plaintiff Arika Bailey Matthews. 33. The provisions of the Pennsylvania Comparative Negligence Act apply in this case to limit or bar Plaintiffs' cause of action. 34. Plaintiff assumed the risk of her conduct. 35. Plaintiffs' complaint must be dismissed for lack of actual and/or constructive notice to Defendants of any allegedly dangerous condition existing on their premises on or about February 5, 2000. 36. Any acts of omissions of Defendants Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc. were not substantial, causative factors of the alleged incident and/or did not result in the losses, expenses and damages alleged by the Plaintiffs. 37. The injuries and damages allegedly sustained by Plaintiffs were caused by the negligence and carelessness of Plaintiff Arika Bailey Matthews as follows: (a) Failing to watch where she was walking; (b) Failing to maintain a proper lookout; (c) Failing to use due caution and care under the circumstances, including failure to observe an opeu and obvious condition; (d) Failing to discovery and/or observe the alleged defect and/or the allegedly dangerous condition; 8 ,,>, o _^'~ ~, " ,-, ,.,-;",~"". ,,,",'- ,,' '., , '" ",'""," '~'_-J>''';,;, _",' x~.;",~,," ,.~~~~ _,>;.<, , .' (e) Failing to take precaution to avoid injnry; (f) Failing to take an alternative route which was available to her, which would have provided a safe means of access; (g) Failing to request assistance and/or failing to leave the sidewalk and go to an area where uo allegedly dangerous coudition existed, wheu there was such an area available to Plaintiff; (b) Failiug to exercise reasonable care for her own safety. 38. On or about February 5, 2000, there were no dangerous or defective conditions existing on Defendants' premises. 39. If, in fact, there was any dangerons and/or defective condition on Defendants' premises on or abont February 5, 2000, said condition was open and obvious to persons exercising reasonable care for their own safety. 40. Defendants are entitled to a credit for any and all medical payments made to or on behalf of Plaintiff Arika Bailey Matthews, arising out of the aforementioned incident, including but not limited to $5,397.45. WHEREFORE, Defendants, Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc. request that this Court enter judgment it in their favor and against PJaintiffs Arika Bailey Matthews and Merle E. Matthews together with costs of suit. Respectfully submitted, NS. OATES, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52654 Thomas; Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 9 ';~',,-w; --, "'~~.w1i: ;'0:: . ~ ~, ,',"" ,., ~ -. "" , L"J~"'." ".",. ,,-,..~"- '_.',j,""O;;'..:.J]~-~i , '" - .' VERIFICATION I !)tWAl./) ft('~C~ , ., an authorized representative of MGB Enterprises, Jnc., Defendant in this action, do hereby verify that the statements made in the foregoing ANSWER TO COMPLAINT WITH NEW MATTER are true and correct to the best of my knowledge, infonnation and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ~J~ Date: !Jov. !<f, ,2002 . . "" , .~ ."_~ ."_',,..)) n _~., ., "" " . ,.;,< ,.,;, ,,"" *~.~"'" ,. .~. - ",.",<,.,,<,' -,'- ,--,'",;""<;.,-,, .' .~~; .,.? ~. CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage pre-paid, addressed to the following: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street CarJisle, PA 17013 Date: /I /Z() /0 z. / I ,2002 12 l'j '4i~~''''''''''t,'-.'ai ~Iljll n" l' -;.~,,-.ili.'~ -("~ililii~~-,.i..i,\illli~m'''';' " - :.","- ,,',- " _~~_ O,~,_". _", .. ~ -= '. ",'"'-' .., "'.. .. -1" C.n :<. ~u , - . ~, , ~,~ .'''''';:..,"" ',,,-," '0'- ;'.'.' "" _o_,~.;" :'1 ~ Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SlDPMAN, P.C. P.O. B.ox 1268 Harrisburg, P A 17108-1268 Attorney lD. No: 32085 Attornev for Defendant StambaulZh WILLIAM A. RITTER. SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v, No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant v. STACEY A. MILLER Additional Defendant : JURY TRIAL DEMANDED NOTICE To: STACEY A. MILLER 905 Creek Road Carlisle, PA 17013 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. IFYOUDONOT HA VE ALAWYER 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 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 plaza al 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 la corte en forma 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 ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINOTIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 \ t.' . - _ " -_ 0 ',-' -, - , - ,'--'. ." ~ - "",."; .~," ."---'-{ ,--~""-,:,,,.., ,O;J-,' ,.-;- m",,,,,,,- --,'~.s~~"."" ~-; --..', " \:i:JJj-ij_t~, . Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SlllPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney J.D. No: 32085 Attornev for Defendant Stambau2h WILLIAM A. RITTER, SR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant v. STACEY A. MILLER Additional Defendant : JURY TRIAL DEMANDED COMPLAINT AGAINST ADDmONAL DEFENDANT AND NOW, comes Defendant Nicholas E, Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P,C., who state: 1. The Complaint in this action was filed on or about April 24, 2002. A copy of the Complaint is attached hereto as Exhibit "A". 2, An Answer was filed by on or about October 14, 2002 by Defendant Stambaugh. A copy of the Answer is attached hereto as Exhibit "B". '1& " ,-- . "~_'" - 'w ,,,-" .,--~"--- '_"40" "', tlii~:li!l'.wk ,. 3. Additional Defendant Stacey A. Miller was joined by Writ of Summons filed on June 19, 2002. Ms. Miller's address is 905 Creek Road, Carlisle, Cumberland County, Pennsylvania. 4. On December 23, 1999, Plaintiff William A. Ritter, Sr, was a passenger in a vehicle operated by Additional Defendant Stacey Miller and was involved in a motor vehicle accident with Defendant Nicholas Stambaugh, 5, The aforesaid motor vehicle accident resulted from the negligence, carelessness and recklessness of Additional Defendant Stacey A. Miller in that she: a, failed to have the vehicle under proper and adequate control; " b. was inattentive to the conditions of the roadway and the presence of other vehicles on the roadway; c, failed to avoid the vehicle operated by Defendant Stambaugh; and e. exposed her passenger to an unreasonable risk ofhann under the circumstances then and there existing. 6. As a direct result of the negligence of Additional Defendant Stacey A. Miller, the Plaintiff, William E. Ritter, Sr. has alleged the injuries as set forth in his Complaint (Exhibit "A" hereto). 7. If Plaintiff Ritter is entitled to recover any damages, then it is averred that Additional Defendant Stacey Miller is solely liable to Plaintiff William A. Ritter, Sr. 2 , . ~. ... ,",-, -, .%;w"ll!I!;dt'.; .. 8. If it is determined that Plaintiff Ritter is entitled to recover any damages against Defendant Stambaugh, which potential fmding of responsibility is expressly denied, then it is averred that Additional Defendant, Stacey Miller, is jointly and/or severally liable with Defendant Nicholas E. Stambaugh, or in the alternative, the Additional Defendant Stacey A. Miller is liable over to Defendant Nicholas E. Stambaugh for contribution and/or indemnity. WHEREFORE, Defendant Nicholas E. Stambaugh joins the Additional Defendant, Stacey A. Miller, alleging that she is solely liable to the Plaintiff, Or, in the alternative, is jointly and severally liable with Nicholas E, Stambaugh; or is liable over to Nicholas E. Stambaugh for contribution and/or indemnity and Judgment is therefore demanded, together with such costs and expenses that are authorized in an amount in excess of $25,000. GOLDBERG, KATZMAN & SHIPMAN, P.C. (~2 Date: {It,Ll} O:L- Thomas E. Brenner, Esquire Attorney I.D. No, 32085 320 Market Street P.G, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh 3 -"- , ~.:~ -, , " "' - ".'-~ jL" , '. VERIFICATION I, Nicholas E. Stambaugh, acknowledged that I am the Defendant herein, that I have read the foregoing Complaint Against Additional Defendant and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief, This Verification and statement is made subject to the penalties ofl8 Pa.C,S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties ofl8 Pa. C.S. ~4904, ~~t~ Nicholas E, Stambaugh Date: E . .'," - --,'-.' , ";;C~__ - -, ---,'_'/~'_-C --, ,'" ''':-",-,',,-~'; );,;~'-~""-'i.j;),,,-,:,_-~_-y,,;.- ':j -,,' ,;.,l'.\G.i,iJ:'k":"--,,,, "- '-,," "ioo:~;1 .. 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: Lee Swartz, Esq. Tucker, Arensberg & Swartz III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Stacey A. Miller 905 Creek Road Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P,C BY'c?~~ Thomas E. Brenner, Esquire Date: 11//1 /o?- 81056,1 , - . ""~ , _), --' ,^ ,\ <. '- .' c ,,~,_," WILLIAM A. RIITER, SR., Plaintiff v. IN THE COURT OF COMMPN PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2001-06517 CMLACTION -LAW NICHOLAS E. STAMBAUGH, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paquinas siguientes, demanda y la notificacion. Usted debe presentar una i1pariencia escrita 0 en persona 0 por abogado y archivar en la corte enforma 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. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. -'- c "-~" LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A L~ OFICINA CUYA DIRECCION SE ENCUENlRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 TUCKER ARENSBERG & SWARTZ By~G?y\~ Lee ,Swartz, Esquire Attorney I. D. #07258 111 North Front Street P. O. Box 889 Harrisburg, P A 17108-0889 (717) 234-4121 Date: Lf/~tfl07- Attorneys for Plaintiff " . - . -~ .' WILLIAM A. RITTER, SR., Plaintiff IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO, 2001-06517 CIVIL ACTION - LAW v, NICHOLAS E, STAMBAUGH, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, William A, Ritter, Sr., by and through his attorneys, TUCKER ARENSBERG & SWARTZ, and brings this Complaint against Defendant Nicholas E, Stambaugh, and avers as follows: 1. Plaintiff, William A. Ritter, Sr" is an adult individual residing at 301 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter known as "Plaintiff'). 2. It is believed, and therefore averred, that Defendant Nicholas E. Stambaugh is an adult individual who resides at RD#l, Box 414, Lanidsburg, Perry County, Pennsylvania 17040 (hereinafter known as "Defendant"), 3, This Court has jurisdiction over this matter on the grounds that the facts and circumstances of the automobile accident giving rise to this action occurred on December 23, 1999, at or about 1 :45 p.m., at the intersection of North West Street and D/ Street, Carlisle, Cumberland County, Pennsylvania. 4, At the aforesaid time and place, Plaintiff William A. Ritter, Sr, was the owner and passenger of a 1986 Dodge Aries being operated by Stacey A, Miller traveling northbound on North West Street. 5, At the aforesaid time and place, Defendant was the operator of a 1995 , , -0 -tori! 1: '. I , " - ,'~, ~. ......".,""" ki..lil.k::.li"",.,,;: ,. Honda Passport traveling eastbound on D Street. 6, At the aforesaid time and place, Defendant was operating his vehicle in an unsafe manner such that he failed to stop at a stop sign located at the intersection ofD Street and North West Street. Defendant's vehicle violently struck the 1986 Dodge Aries that Plaintiff owned and in which he was a back seat passenger. 7. As a direct and proximate result of the aforesaid collision, Plaintiff has suffered severe and permanent injuries and damages as set forth herein, 8. At the time of the accident in question, Plaintiff had automobile insurance coverage for Plaintiff's vehicle, a 1986 Dodge Aries, with State Farm Insurance Company under policy no, 717 -4606-E30-381. Plaintiff selected the Limited Tort Option (75 Pa,C.S.A. g1705), 9, As a result of the aforementioned accident, Plaintiff suffered serious injuries causing a serious impairment of a body function or functions as defined in 75 PaC.S.A. g 1702 and as more fully set forth hereafter, Furthermore, the serious injuries sustained by Plaintiff significantly affect his ability to perform normal daily activities. Therefore, Plaintiff is not bound by the restrictions imposed by the Limited Tort Option, 75 Pa.C.S.A, gI705(d). 10, The aforesaid accident was caused solely from the negligence, carelessness, and recklessness conduct of Defendant and was in no manner due to any act or failure to act on the part of Plaintiff, II. Defendant was negligent, careless and reckless in causing the aforesaid accident as follows: (a) Failing to have his vehicle under proper and adequate control at all times; '. . '~'" I, .. ._ "- ~ '- , "~'~<Go - ~ ~" " (b) Failing to apply his brakes or take other evasive action in time to avoid the collision; (c) Failing to observe Plaintiff's vehicle on the roadway and apply his brakes and/or take other appropriate or evasive action to avoid the collision with Plaintiffs vehicle; (d) Operating his vehicle in a manner in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania: 75 PaC.SA g 3323 relating to stop signs and yield signs; (e) Failing to keep a reasonable lookout for other vehicles lawfully on the roadway; (f) Operating his vehicle with careless disregard for the safety of other persons, including Plaintiff, in violation of the Pennsylvania Motor Vehicle Code: 75 Pa.C,SA g 3714; (g) Failing to operate his vehicle with due regard to the safety and position of Plaintiff's vehicle; and (h) Failing to operate his vehicle at a safe speed pursuant to the Pennsylvania Motor Vehicle Code: 75 Pa.C.S.A. g3361. 12, As a direct and proximate result of the aforesaid accident, Plaintiff suffered severe serious and permanent injuries that include, but are not limited to, the following: (a) Right trapezius and low back strain; (b) Acute cervical pain and tenderness; (c) Bilateral knee pain and significant crepitation; (d) Left knee injury resulting in total destruction of cartilage and requiring a total knee replacement; (e) Exacerbation and/or aggravation of chronic cervical disc disease; (f) Left foot swelling and ecchymosis with tenderness along the medial tarsal region; '. ".,- --'.0-- ~ " ~~;; ,., (g) Acute left foot pain; (h) Exacerbation and/or aggravation of gout symptoms; (i) Bilateral foot swelling and tenderness; and G) Various other contusions and abrasions. 13. As a result of the injuries, Plaintiff has suffered and in the future will continue to suffer severe physical pain, mental anguish and suffering, humiliation, inconvenience, scarring, embarrassment and loss of life's pleasures. . 14. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be limited in his nonnal and daily activities. 15, As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer great physical nervous, mental and emotional distress, 16. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer impainnent to his health, strength and vitality, 17. As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to be required to spend money for medicine, medical care, nursing, hospital and/or surgical attention, medical appliances and household care beyond that which he might otherwise recover. 18, As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer loss ofincome and earning capacity beyond that which he may be otherwise entitled to recover, .. ~~, . , v -. . " . ~. '0 19, As a further direct and proximate result of the aforesaid accident and related injuries, Plaintiff has and will continue to suffer other financial losses beyond that which he may otherwise be entitled to recover, WHEREFORE, Plaintiff William A. Ritter, Sr. demands judgment against Defendant, Nicholas E. Stambaugh in an amount in excess of the limits for mandatory arbitration, together with interest and costs of this proceeding and such other relief as this Honorable Court deems proper under the circumstances. Respectfully Submitted, TUCKER ARENSBERG & SWARTZ BY~. D01'm't Le C. SwartZ Attorney I.D, #07258 Dated: 49256.1 t//~tfID7- I I 111 North Front Street P.O, Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF ,,_J ... :tib,'",-'; ~.~ ,,- ie- ~,,-" _/f~ . .,0 ~ VERIFICATION I, LEE C. SWARTZ, attorney for the Plaintiff, William A, Ritter, Sr" in the within action, makes this verification on behalf of the Plaintiff, as Plaintiff is outside the jurisdiction of the court and the verification of Plaintiff cannot be obtained within the time allowed for fIling the pleading, and I affirm that the facts set forth in the foregoing document 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 PaC.S, g4904, relating to unsworn falsification to authorities, JE~~, 49303.1 , _.~- " CERTIFICATE OF SERVICE L"'- ~ ,. ',- ,-" ~,"~" '" ,. "'1i'ji AND NOW, this 24th day of April, 2002, I, Cathleen A. Kohr, for the linn of TUCKER ARENSBERG & SWARTZ, attorneys for Plaintiff, hereby certifY that I have this day served a copy of a Plaintiff's Complaint by causing a copy of the same to be placed in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, P A 171 08-1268 J,j(L Cathleen A. Kohr ~~~~, , ..- "P'"'~- -'",,,~ " -';-""""'Ci~ ,. 8. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 9. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 10. Denied. It is denied that Defendant Stambaugh was negligent, careless or wreckless. 11. It is denied that Defendant Stambaugh was negligent,. careless or wreckless. It is acknowledged that Defendant Stambaugh failed to observe a stop sign, The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 12, Denied, This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 14. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 15. Denied. This paragraph is denied pursuant to Pa. R.c.P. 1029 (e), 16. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 17. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). 18. Denied. This paragraph is denied pursuant to Pa, R.C.P. 1029 (e), .19. Denied. This paragraph is denied pursuant to Pa. R.C,P. 1029 (e). WHERFORE, Defendant Nicholas E. Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. , "c _~ ~ "- ,'.,,-- \ Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SIDPMAN, P.C. P.O. Box 1268 Harrisburg, P A I7l 08-1268 Attorney I.D. No: 32085 Attornev for Defendant Stambaugh WILLIAM A. RITTER, SR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW No. 2001-06517 Civil Term NICHOLAS E. STAMBAUGH Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT NICHOLAS E. STAMBAUGH AND NOW, comes Defendant Nicholas E. Stambaugh, by his attorneys, Goldberg, Katzman & Shipman, P,c., who state: 1. Admitted. 2, Denied in part. The Defendant's address is 135 Paige Hill Road, Landi~burg, Peny County, Pennsylvania 17040. 3, Admitted. 4. Admitted. 5. Admitted 6. Denied. This paragraph is denied pursuant to Pa. RC.P. 1029 (e). 7. Denied. This paragraph is denied pursuant to Pa. R.C.P. 1029 (e). ",' -\., ~.r-~ ~"","~.."""",,,,,- . , , , NEW MATTER 20. Plaintiff's injuries arose from comparative negligence of the driver of his vehicle. 21. Plaintiff's injuries arose from the assumption of risk by the Plaintiff under the circumstances. 22. Plaintiff's injuries arose from his comparative negligence under the circumstances. 23. Plaintiff's medical problems relate to conditions that do not arise from this motor vehicle accident. WHEREFORE, Defendant Nicholas E, Stambaugh requests that the Plaintiff's Complaint be dismissed with prejudice. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: (~ .~) f~-'t:.. --- JJ1.'- .. .""':>' '-/' ~.. Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Stambaugh I Date: 1C/,<1J"^- . . - "".c.'; '>. ~.' """'"'"" .,;,-,-, - -..,_C- -"""""""W, . , I VERIFICATION I, Nicholas E. Stambaugh, Defendant herein, have read the foregoing Answer with New Matter and hereby affuID that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties ofl8 Pa.C.S. S4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4904. ~, / ( [I o/'U~~ C..> !t.! "'-' -' . t 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 Hamsburg, Pennsylvania and addressed as follows: Lee Swartz, Esq. Tucker, Arensberg & Swartz III North Front Street P.O. Box 889 Hamsburg, PA 17108-0889 GOLDBERG, KATZMAN & SHIPMAN, P,C BY: '1 .......~, ( i . \ Illja",<",,~'u-'h"l.- "- Thomas E, Brenner, Esquire Date: . )D/I~/D)- 81056.1 . '-~"1 "!1i~~iii~,.-';MIM!illlIMi~~j;M~~~frllili;~Wi!iH" "&.'1' '_''.'_''-'>'h~'''\1""j-e.''\\if~]irt:W~~ilii:mNlf!f LLan111 ~ _ ~ -Co '~-'" --,_"':i"",~_~~,""E"~_~t.~._~_"~'" ',_~-~"" -~~, ~_~til~- ,...-,.,..... ;~]: ~~ ~;~ .' ::~1 , -.::., ,~. . C) ~.~.; 1 _ ~..) ()"l -.,j -< -, - -",- -", - ,~'""-- ,- i.," ,,.;.;h'-,",'C -";'~__, , -"e',-, ;." -"G"._iI , , Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, ThomllS & Hafer, LLP 305 North Front Street P. O. 80x 999 Harrisburg, P A 17108-0999 (717)237-7121 Attorneys for Defendants ARlKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants JURY TRIAL DEMANDED As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (I) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) Marcus A. McKnight, III, Attorney for the Plaintiff, has waived the twenty day rule. 4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Respectfully submitted, " ~'," '.._ <.,,~~ ,",," ""' 'C..,-, , Thomas, Thomas & Hafer, LLP by{ljJ A ~ KAREN S. COATES, ESQUIRE Attorney for Defendants Attorney I.D. No.: 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 <,"_'S" ,'.~;. '"_;i(j~'<' c.;,:;--: ',.j; ., ,,- ,;~""~;'i~:-'~I ~ ^.':-, - .~~,- 'j,-- - ""-~ "~=-,~.'" ,,- - ,,~" ,'~ --:" 'C-fo" ~j;;','-_ ,'- _,I',o';";-",,;}<'-""::;'" "".~_,-;.~--- ,n "' ,-,:j "'l'-1~~f1 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage pre-paid, addressed to the following; Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 THOMAS, maMAS & HAFER, LLP ~~ Barbara Onorato, Legal Assistant Date; December 10,2002 .~-- o >< - ",- '<=~.-""~'-' ~ "~~ .~= '~'! " Karen S. Coates, Esquire Attom~y LD. # 52654 Thomas, Thomas & Bafer. LU' 305 North Front Street P. O. Box 999 Harrisburg, PA J7108.()999 (717) 237-7121 Attomeys for Defendants ARIKA BAILEY !vIA TTEEWS and MERLE E. Iv1ATTHE'NS, JR" Her Hu,band. IN THE COURT OF COi'vIJ\10N PLEAS OF CUMBERLAND COUNTY, PEI\.1NS YL VANIA Plaintiffs v. CIVIL ACTION --- LA \'li NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, TNC., DefenuaMs JURY TRIAL DElvIANDED - .- NOTICE OF INTENT TO SERVE SlJBEotrNAS TOPRQ.DCC"eDOCUMENTSAND TlIlNGSFOR. DlSC0YERYPURSU!u'{T.TORULE.400!k2F .' Dcfendants intend to serve wbpocnas identical to the ones tlJat are attached to this notice. You have twenty (20) days from the date listed below in which TO file of record and serve UPOl, thc uJl(krsigned an objection 1:0 tl1c ;ubpocaCi. If no objection is made, the subpoena wiII be served. Re~pectfn!ly suhmitted. .. '. fer LLP by; '. 'ce, ',; J S. CO} TES, ESQU RE A.Hurney for Defendants Attomey 1.D. No.: 52654 Thorrws, Thomils & Hafer, LLP 305 lJorth Front Street P.O. Box 999 HauisQuJ'g, P A 17108-0999 ,c> 'I . , ./ CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct COpy of the foregoing document by first class mail, postage pre-paid, addressed to the following: Marcus A. McKnight, lIT, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 TIIOMAS, TIIOMAS & HAFER, LLP ~/d-0' GfJuh Barbara Onorato, Legal Assistant Date: November 15,2002 ~: "- -j ill fIi:"lJ-1 , ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital, 503 N. 21't Street, 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: Comvlete covies of anv and all medical records. medical revorts. medical bills. diagnostic studies. notes. corresvondence. MRI films. CAT scans. and/or x-rav films regarding Arika Bailev Matthews. SSN: 208-58-9373. d/o/b: 12/25/77 at: Thomas. Thomas & Hafer, LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (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. TIDS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karen S, Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy "" - . , "''''~ -, ,--,'__."C'_, '';' "" '-.;'~tfj . . " ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants : WRY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Todd Samuels, 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: Complete copies of anv and all medical records. medical reports. medical bills. diagnostic studies. notes. correspondence. Mill films. CAT scans. and/or x-rav films regarding Arika Bailey Matthews. SSN: 208-58-9373. d/olb: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (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. TIllS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON; NAME: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy - , \c;:-; \\ ; ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRlSES, INC., Defendants : JURY TRlAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Robert Michelini, 159 Center Road, New Bloomfield, PA Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things; Complete copies of anv and all medical records. medical reports. medical bills. dia!!nosti~ studies. notes. correspondence. MR1 films. CAT scans. andlor x-rav films re!!ardin!! Arika Bailev Matthews. SSN: 208-58-9373. dlo/b: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (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: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ,j" ...- > , ..-, ""~ ,,-, '.;-,-' -'U'''.',,," ""- ,,- ~-. -,~- :iif;f;l:-- '-).{"" . . ARIKA BAILEY MATTHEWS and MERLE E, MATTHEWS, JR., Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -- LAW : NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., Defendants : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Medicine Shoppe \314, 48 Red Hill Court, Newport, P A 17074 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all pharmacy records. prescription notes. correspondence. writings. etc. for Arika Bailev Matthews. SSN: 208-58-9373. d/o/b: 12/25/77 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. (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. TillS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karen S. Coates, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7121 SUPREME COURT ID#: 52654 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy li~'lf.d_~~~:ll!l'ilii~i0ftJ",)ill;:",l_"";>"i'",,,:;lj.,j;,r.8i.l.~.d2UlJlI[ __,'if ~.Lui."! ,.LM. ~. __ ~ " "~ ,""=~1l'?--e:r'""\",,,, '. ,_'f""''''"',' ,_~ '''''~-' .~~u'.~, ...~~_~ \J;" r,'j ,-- :2: ".::--r",' ~~~ ~~(-" L;-,_ 5>t:' 'Z =2 ,--,,'--" q~~ - o (~: ~0 --0' ~. 1",...} ,~ ,-"'") c. :j:;-. "-, (j : -~) ('ii S! :"',) -c c), -) hJ -', 'd.-~~' ,-,.'-' -'-,.,,,,'-~A', .'""",,,,,,.-.1,-.,-,,,,,, ",,;;.,,;,'-"-'" -~"-,~~-,,,~.,,-."'-tlY[~! ....- ."" . ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., DEFENDANTS CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, By: Marcus . Mc . t, III, Esquire 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Date: September 30, 2004 -if - '" ",.' " ,,~.' u' ','" -;-,-,-:,,~ .,;,<,,' ",;-", ',.<- ::;-,;:-'>-" :~:-',.:\,':;:;; o-':'i./';;;~'~:~~"~-;'__:"" -,-.-,;;~"::'f:;~ /' ~ . ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR., PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6348 CIVIL TERM OLLIE'S BARGAIN OUTLET, INC., and MGB ENTERPRISES, INC., DEFENDANTS CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Stephen E. Geduldig, Esq. Thomas, Thomas & Hafer 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 By: Marcus A. cKnight, ill, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court J.D. No. 25476 Date: September 30, 2004 -~~ .. Mi.ili~nllil:iir'""'-"""" llII".. ., ~.~~';~~-';';..:.,,,,k. ~~~m.;(ffiiw.lll&iil~t'~-J~:;{'''''-' 'i.ceO'",""'-"""'"'-"''''-'''''''- ",y",,',' -~~ ,,' ,-~,/';'<~.",~ -,. ~ ,~-~.---~ ~ ~c. ~_ ~~lJ ~ - "" ~,.."" 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