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HomeMy WebLinkAbout99-035571=?: ?'! r'a. ??, ?.n?. f;;iJ ';'a ??i,n? .\ r `: d - ' ?,` ?k' JOSEPH SPAGNOLO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW •, /? V. No. ?'?CI - 2sS 0- .o -? G.F. MANAGEMENT, INC, d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and fling in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement 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 AVE 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 Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 JOSEPH SPAGNOLO, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. . No. G.F. MANAGEMENT, INC., d/b/a HOLIDAY INN-WEST, WANDA'S DECK & BEACH CLUB, Defendant : JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de In demanda y la notifrcacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a [as demandas en contra de so persona. Sea avisado que A usted no se fetiende, la corte tomara medidasy puede una orden contra usted sin previo aviso o notiRcacion y por cualquier queja o akuvui que es pedido en la petition de demands. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDLATAMENTE. St NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIItECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 JOSEPH SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC., d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, JOSEPH SPAGNOLO, by and through his attorneys, HANDLER & WIENER, by James R. Carroll, Esq., and make the within Complaint against the Defendant, G.F. Management, Inc., d/b/a Holiday Inn - West, Wanda's Deck & Beach Club, as follows: 1. Plaintiff, Joseph Spagnolo, is an adult individual currently residing at 51 Island Way, Unit 1207, Clearwater, Florida, 33767. 2. Defendant, G.F. Management, Inc., d/b/a Holiday Inn -West, Wanda'sDeck& Beach Club, is doing business at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. At all times mentioned herein, Defendants were in exclusive possession, management, and control of the premises located at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. On or about June 26, 1997, Plaintiff, Joseph Spagnolo, was an invitee at Defendant, Wanda's Deck & Beach Club. 5. On or about June 26, 1997, suddenly and without warning, an exposed and protruding spike in the walkway at Wanda's Deck & Beach Club caused Plaintiff to trip and injure himself. COUNTI JOSEPH SPAGNOLO v. WANDA'S DECK & BEACH CLUB 6. Plaintiff incorporates and makes part of this count paragraphs I through 5, as if fully set forth herein. 17 T The occurrence of the aforesaid incident and the injuries to Plaintiff resulting therefrom, were caused directly and proximately by the negligence of Defendant, generally and more specifically as set forth below: (a) In allowing the spike to protrude above the surface of the ground when it knew or should have known that it would pose an unreasonable risk of harm to individuals lawfully upon the premises such as the Plaintiff; (b) In failing to properly maintain the spike in the floor at a safe height on the premises located at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania; (c) In failing to properly mark the protruding spike located on the premises at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania, so that invitees were able to see the protruding spike; (d) In failing to properly maintain the walkway area located at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania; (e) In failing to use reasonable prudence in the care and maintenance of the walkway area located at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania. (f) In failing to properly inspect for hazardous conditions in the walkway area located at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennslyvania; (g) In failing to provide a walkway area that was free from unnecessarily dangerous conditions; and (h) In failing to warn Plaintiff of the dangerous condition in the walkway area located at 5401 Carlisle Pike, in Mechanicsburg, Cumberland County, Pennsylvania. 8. As a direct and proximate result of the forgoing negligence of Defendant, Plaintiff sustained severe injuries, including but not limited to a knee injury, requiring possible surgery. As a result thereof, Plaintiff has suffered and probably will in the future suffer pain and agony, to his great detriment and loss. 4 9. As a direct and proximate result of the negligence of Defendant, Plaintiff has undergone great physical pain, discomfort, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future to his great physical, emotional, and financial detriment and loss. 10. As a direct and proximate result of the negligence of Defendant, Plaintiff has been compelled, in order to affect a cure for the aforesaid injuries, to expend money for medicine and medical attention, and may be required to expend money for the same purposes in the future, to his great detriment and loss. 11. As a direct and proximate result of the negligence of Defendant, Plaintiff has been and probably will in the future be hindered from attending to his usual occupation and daily activities and duties to his great detriment, loss, humiliation, and embarrassment. 12. As a result of the negligence of Defendant, Plaintiff has and probably will in the future suffer a loss of life's pleasures, and a claim is made therefore. 5 13. Plaintiff believes and therefore avers that his injuries are permanent in nature. WHEREFORE, Plaintiff, Joseph Spagnolo, seeks damages from Defendant, Wanda's Deck & Beach Club, in an amount in excess of Thirty-Five Thousand Dollars ($35,000) and demands a trial. Date: ( 7 -/ By: HANDLER, HENNING & ROSENBERG fa' es R. Carroll, Esquire I. . No. 75895 9 Market Street O. Box 1177 Harrisburg, PA 17108-1177 Attorney for Plaintiff r 6 VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Bolo Dated: 61 7 / ? el v V? ti W c.J u h . ? c? o. u Q O P r-My J /W y ^ 0 p Q N N M x N Y O m . . O1N ^ 2 b Va Y0 o w .1 C x a LL Q 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-03557 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPAGNOLO JOSEPH VS. G F MANAGEMENT INC ET AL 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 G F MANAGEMENT INC D/B/A HOLIDAY INN WEST WANDAS DECK the defendant, at 1625:00 HOURS, on the 11th day of June 1999 at 5401 CARLISLE PIKE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to PHIL MURRAY, GENERAL MANAGER AND ADULT IN CHARGE a true and attested copy of the COMPLAINT & NOTICE together with REQUEST FOR PRODUCTION OF DOCUMENTS PLAINTIFF'S FIRST SET OF INTERROGATORIES and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 8.68 Affidavit .00 Surcharge 8.00 omas Kline, Sheriff DLER HENNING & ROSENBERG 06/14/1999 by u y Sworn and subscribed to before me this /Y `z' day of 19-99 A.D. o no ar COZEN AND O'CONNOR BY: KEVIN C. RAKOWSKI, ESQUIRE I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215)665-2004 JOSEPH SPAGNOLO, Plaintiff G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN -WEST, WANDA'S DECK & BEACH CLUB, ATTORNEY FOR DEFENDANT GF MANAGEMENT, INC. D/B/A HOLIDAY INN - WEST, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 99-3557 ENTRY OF APPEARANCE TO THE PROTHONOTARY: KINDLY enter my appearance on behalf of the Defendants, GF MANAGEMENT, INC., d/b/a HOLIDAY INN - WEST. DATED: July 1. 1999 COZEN AND O'CONNOR By: ae" KEVIN C. RAKOWSKI, ESQUIRE Attorney for Defendant NS COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN -WEST, WANDA'S DECK & BEACH CLUB, Defendant To the %Othln you re hereby no!Ilicd to N iC to ;';o cr:c,osr^ .N.£!Y.M!ATT.. within 01 3cryi,F. ncrr•f?t as d'). fou!t judgmont inay be entered aneins; yea. Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, G.F. MANAGEMENT INVESTORS, L.P. and CENTRAL PENNSYLVANIA HOSPITALITY, INC., misdesignated as "G.F. MANAGEMENT, d/bla HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB" AND NOW, come the Defendants, G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club," and answer Plaintiffs Complaint as follows: Admitted upon information and belief. 2. Denied. G.F. Management, Inc. does not own, manage, transact business, or have any interest in the property identified by Plaintiff as being where the incident of which he complains occurred. 3. Denied. G.F. Management does not and did not possess, manage, or control the premises located at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. The averments contained in Paragraph 4 of Plaintiffs Complaint contain conclusions of law which require no response. 5. The averments contained in Paragraph 5 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants lack sufficient information to form a belief as to the truth of the averments regarding whether Plaintiff in fact injured himself as averred in Paragraph 5. Answering Defendants further deny that any action or omission on their part caused any injuries that Plaintiff allegedly sustained. COUNTI JOSEPH SPAGNOLA V. WANDA'S DECK AND BEACH CLUB 6. Answer Defendants incorporate Paragraphs 1 through 5. 7. The averments contained in Paragraph 7 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (a) The averments contained in Paragraph 7 (a) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (b) The averments contained in Paragraph 7 (b) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (c) The averments contained in Paragraph 7 (c) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (d) The averments contained in Paragraph 7 (d) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (e) The averments contained in Paragraph 7 (e) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries that Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (f) The averments contained in Paragraph 7 (f) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (g) The averments contained in Paragraph 7 (g) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries that Plaintiff allegedly sustained were caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. (h) The averments contained in Paragraph 7 (h) of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries that Plaintiff allegedly sustained were Mbr) WpleadinWspapnolo. nm JOSEPH SPAGNOLO, V. : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA G.F. MANAGEMENT, INC, d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendants CIVIL ACTION - LAW NO. 99-3557 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO NEW MATTER To: Defendant, G.F. Management, Inc., d/b/a Holiday Inn - West, Wanda's Deck & Beach Club, through their attorney of record: Kevin Rakowski, Esquire COZEN AND O'CONNOR 1900 Market Street Philadelphia, PA 19103 15. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 16. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 17. Denied. Pa. C.S.A. §5524, relating to actions that must be commenced within two years include but is not limited to "An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence of another". The accident in this case occurred on June 26, 1997, and the action was filed on June 10, 1999, and is therefore clearly within the mandates of §5524 of the Act. 18. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied. 19. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 20. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 21. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. 22. Denied. This is a conclusion of law to which no response is required. Should any allegation therein be deemed factual in nature, said allegations are specifically denied.. WHEREFORE, Plaintiff respectfully request that judgement be entered in her favor and against Defendant. Date: 8 3V HANDLER, HENNING & ROSENBERG, 1 By\ Ja es . Carroll, Esquire 1 . No. 75895 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 (717) 238-2000 CERTIFICATE OF SERVICE AND NOW, this _23'1)??Iay of August, 1999, 1 hereby certify that I have, on this date, served the within Response to New Matter of Defendant, by sending a true and correct copy of same to her attorney of record via first class United States mail, postage pre-paid and addressed as follows: Kevin Rakowski, Esquire COZEN AND O'CONNOR 1900 Market Street Philadelphia, PA 19103 HANDLER, HENNING & ROSENBERG, ev ?C\C? 1C Tricia J. Bel sek, Plaralegal VERIFICATION PURSUANT TO PA. R.C.P. NO 1074 (c) JAMES R. CARROLL, ESQUIRE, state that he is the attorney for the party filing the foregoing document; that he makes this Affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 301 ames R. Carroll, Esquire U' 1 Vi •j rn Cn U caused directly, indirectly, or approximately by any acts or omissions of Answering Defendants. 8. The averments contained in Paragraph 8 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused by the acts or omissions of Answering Defendants. By way of still further answer, Answering Defendants lack sufficient information to form a belief as to the truth of Plaintiffs averments regarding the nature of his injuries. 9. The averments contained in Paragraph 9 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused by the acts or omissions of Answering Defendants. By way of still further answer, Answering Defendants lack sufficient information to form a belief as to the truth of Plaintiffs averments regarding the nature of his injuries. 10. The averments contained in Paragraph 10 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused by the acts or omissions of Answering Defendants. By way of still further answer, Answering Defendant lacks sufficient information to form a belief as to the truth of Plaintiffs averments regarding the nature of his injuries. 11. The averments contained in Paragraph 11 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused by the acts or omissions of Answering Defendants. By way of still further answer, Answering Defendants lack sufficient information to form a belief as to the truth of Plaintiffs averments regarding the nature of his injuries. 12. The averments contained in Paragraph 12 of Plaintiffs Complaint contain conclusions of law which require no response. By way of further answer, Answering Defendants deny that any injuries Plaintiff allegedly sustained were caused by the acts or omissions of Answering Defendants. By way of still further answer, Answering Defendants lack sufficient information to form a belief as to the truth of Plaintiffs averments regarding the nature of his injuries. 13. Answering Defendants lacks sufficient information to form a belief as to the truth of Plaintiffs averments in Paragraph 13 of his Complaint regarding the nature of his injuries. By way of further answer, Answering Defendants deny that they are in any manner responsible for any injuries that Plaintiff allegedly sustained. WHEREFORE, Answering Defendants G.F. Management Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club," respectfully request that this Court enter judgment in their favor and against Plaintiff, dismiss Plaintiffs Complaint with prejudice, and award any and all such further relief as this Court may deem equitable and just. NEW MATTER 14. Answering Defendants incorporate Paragraphs 1 through 14. 15. Plaintiffs Complaint fails to state a claim upon which relief can be granted against Answering Defendants. 16. Plaintiffs claims are barred by the doctrine of laches, waiver and/or estoppel. 17. Plaintiffs claims are barred by the applicable statute of limitations and/or statute of repose. 18. Plaintiffs claims are barred, set off, or reduced by the applicable comparative negligence act. 19. Plaintiffs claims are barred by the doctrine of assumption of the risk. 20. Answering Defendants owed no duty to the Plaintiff for the injuries of which he complains. 21. Plaintiff failed to exercise that degree of care and caution which he should have exercised under the existing circumstances and Plaintiffs claims are therefore barred or diminished by Plaintiffs contributory or comparative negligence. 22. Answering Defendants hereby gives notice that it intends to rely on such other affirmative defenses as may become available or apparent during the course of discovery and thus reserve the right to amend their Answer and New Matter to assert such defenses. WHEREFORE, Answering Defendants, G.F. Management Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, I d/b/a Holiday Inn - West, Wanda's Deck & Beach Club," respectfully request that this Court enter judgment in their favor and against Plaintiff, dismiss Plaintiffs Complaint with prejudice, and award any and all such further relief as this Court may deem equitable and just. COZEN AND/O'CONNOR By: KEVIN C. RAKOWSKI, ESQUIRE Attorney for Defendant DATED: August 25, 1999 VERIFICATION Kevin C. RAKOWSKI, Esquire, hereby states that he is counsel for the Answering Defendants, G.F. Management Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club," and verifies that the statements made in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Cam: C - 9?v KEVIN C. RAKOWSKI, ESQUIRE Dated: August 25, 1999 CERTIFICATE OF SERVICE I, Kevin C. RAKOWSKI, attorney for Answering Defendants, G. F. Management Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" hereby certify that a copy of the foregoing Answer and New Matter has been served via First Class Mail this 25th day of August, 1999, as follows: James R. Carroll, Esquire 319 Market Street P.O. Box 1177 Harrisburg, PA 17108-1177 COZEN AND O'CONNOR By: KEVIN C. RAKOWSKI, ESQUIRE Attorney for Defendant DATED: August 25, 1999 C 1 r'.. f•. IJ C. rij 99- 3ss7 600.,( CERTIFICATE OF SERVICE I, Kevin C. Rakowski, attorney for Answering Defendants, G.F. Management Investors, L.P. and Central Pennsylvania Hospitality, Inc., rnisdesignated in Plaintiff's Complaint as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" hereby certify that copies of the Certificates Prerequisite of Service has been served via First Class Mail this I Vh day of May, 2000, as follows: James R. Carroll, Esquire 319 Market Street P.O. Box 1177 Harrisburg,PA 17108-1177 COZEN AND O'CONNOR By: KEVIN C. RAKOWSKI, ESQUIRE Attorney for Defendant DATED: May 11, 2000 Y Q) Y cI LLI ? L CJ COZEN AND O'CONNOlt BY: Kevin Rakowski, IEsquirc Attorney I.D. No. 80739 1900 Murket Street Philadelphia, PA 19103 (215)665.2004 JOSEPI I SPAGNOLO, 1'Ininlif), v. G,F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACII CLUB, Defendant Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED CIERTIHCATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As it prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.2 1, Kevin C. Rakowski, Esquire, certifies that: I) A notice of intent to serve subpoena with a copy of the Subpoena 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) no objection to the subpoena has been received: and 4) the subpoena which will be served is identical to the subpoena which ii?s attached to the notice of intent to serve the subpoena. / BY: KEVIN C. RAKOWSKI, ESQUIRE G.F. Mechanicsburg Investors, L.P.and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" DATED: May 11, 2000 COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE iFNTR a FUn mvrw.?. . ......-. _._____ Defendants,' G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated in Plaintifrs Complaint as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena will be served. Dated: April 10, 2000 COZEN AND O'CONNOR BY: ( t/ _ KEVIN C. RAKOWSKI, ESQUIRE Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 Attorneys for Defendants G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" COZEN AND O'CONNOR 1) Y: Kevin Rakowski, Esquire Attorney LD. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665.2004 JOSI.-TI I SPAGNOLO, Plaintiff Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West. Wanda's Deck & Beach Club IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO: 99-3557 G.P. MANAGEMENT, INC. d/b/a I IOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant JURY TRIAL DEMANDED WAIVER This is to certify that I have been notified of opposing counsel's desire to secure records in connection with the case from the witnesses listed below pursuant to the Pennsylvania Rules of Civil procedure. I have no objection to Defendants obtaining these documents. The time restraints imposed by Pennsylvania Rule of Civil Procedure 4009.21 et. Ley. are hereby waived in connection with securing these documents. Also in accordance with Rule 4009.23, I hereby notify Defendants, that I: ( ) WANT COPIES REQUESTING ATTORNEY: Kevin C. Rakowski, Esquire CAPTION: Joseph Spagnolo vs. G.P. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club, CCP, Cumberland County, No. 99-3557 1. RECORDS REQUESTED Any and all medical reports, charts, graphs, memoranda, correspondence, or notes other than. documents pertaining to treatment of plaintiff, .loseph Spagnolo from January 1, 1996 until the present. .i. DO NOT WANT COPIES OF THE RECORDS LISTED. SUBPOENA TO 13E SERVED ON: DATED: Gregory Hanks, M.D. Orthopedic Institute of Pennsylvania ..3916 *rrindle I lill Road Camp Hill, PA 17011 .lames R. Carroll. Esquire .4 - CERTIFICATE. OF SERVICE 1, Kevin C. Rakowski, attorney for Answering Defendants, G.F. Management Investors, L.P. and Central Pennsylvania Ilospitalitq', Inc., misdesignaled in Plaintiff's Complaint as "G.F. Management, Inc, d/b/a I loliday in" - West, Wanda's Deck & Beach Club" hereby certify that copies of the Notices of Intent to Serve Subpoenas to Produce Documents and Things for Discovery upon the Custodian of Records of Pennsylvania MRI Associates, the Custodian of Records of Community Medical Associates and Gregory Hanks, M.D. has been served via First Class Mail this 101" day of April, 2000, as follows: James R. Carroll, Esquire 319 Market Street P.O. Box 1 177 Harrisburg, PA 17108-1 177 COZEN AND O'CONNOR By -- (iNC-.R--0WSKl' - ?KEESQUIRE Attorney for Defendant DATED: April 10, 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH SPAGNOLO v G.F. MANAGL7•IENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB File No. gg_zs57 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Gregory Hanks, M.D., Orthopedic Institute of Pennsylvania, 3916 Trindle Hill Road (Name of Person or Entity) 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: SEE A7TAQHED ADDENDUM at Cozen and O'Connor, 1900 Market St., 5th F1., Phila., PA 19103 at 10:00 A.M. (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_ in C Rakowski Address: Cozen and O'Connor 1900 Market Street Philadleohia PA 19103 Telephone:_ (215) 665-2004 Supreme Court ID # -An77q Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eft. 7/97) CO/_I:N AND WCONNOR BY: Kevin Rakowski. EsquirC Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.P. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant RECORDS REQUESTED: SUBPOENA TO BE SERVED ON: Attorney fir Defendants G.l-.. Management, d/b/a Itoliday Inn - West, Wandai s Deck & Beach Club IN T111'. COURT OP COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99.3557 JURY TRIAL DEMANDED Any and all medical reports, charts, graphs, memoranda, correspondence, notes or other documents pertaining to treatment of plaintiff, Joseph Spagnolo, from January I, 1996 until the present. Gregory Hanks, M.D. Orthopedic Institute of Pennsylvania 3916 Trindle Hdl Road Camp Hill, PA 17011 .j. «> Q C? U; ". c , r ?? is - -- U: L: Ll U ci Li COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 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 4009.21, Kevin C. Rakowski, Esquire, certifies that: 1) A notice of intent to serve subpoena with a copy of the Subpoena 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) 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. BY: ? - KEVIN C. RAKOWSKI, ESQUIRE G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" DATED: May 11, 2000 COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.P. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant Attorney firr Defendants G.I'. Management, d/b/a I loliday htn - West, Wanda's Deck & [leach Club IN TI IE COURT OI' COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants,' G.P. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated in Plaintiffs Complaint as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena will be served. Dated: April 10, 2000 COZEN AND O'CONNOR BY: C KEVIN C. RAKOWSKI, ESQUIRE Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215)665-2000 Attorneys for Defendants G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as °G.F. Management, Inc, d/b/a Iloliday Inn - West, Wanda's Deck & Beach Club" COZEN AND O'CONNOR BY: Kevin Rakowski, Esquirc Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPII SPAGNOLO, Plaintiff Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THI: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO: 99-3557 G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant JURY TRIAL DEMANDED WAIVER This is to certify that 1 have been notified of opposing counsel's desire to secure records in connection with the case from the witnesses listed below pursuant to the Pennsylvania Rules of Civil procedure. I have no objection to Defendants obtaining these documents. The time restraints imposed by Pennsylvania Ride of Civil Procedure 4009.21 et. seg. are hereby waived in connection with securing these documents. Also in accordance with Rule 4009.23, 1 hereby notify Defendants, that 1: ( ) WANT COPIES REQUESTING ATTORNEY: Kevin C. Rakowski, Esquire CAPTION: Joseph Spagnolo vs. G.P. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club, CCP, Cumberland County, No. 99-3557 1. RECORDS REQUESTED: Any and all medical reports, charts, graphs, memoranda, correspondence, or notes other than. documents pertaining to treatment of plaintiff, Joseph Spagnolo from January 1, 1996 until the present. ( ) DO NOT WANT COPIES OF THE RECORDS LISTED. SU13POMA To r31i SERVED ON: Custodian ol'Itccords 1'ennsylvania MRI Associates 2645 North Third Street I larrishurg, 1'A 171 10 James R. Carroll, Esquire DATED: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH SPAGNOLO v G.F. MANAGIZ+I M, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB File No. 99-3557 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Harrisburg, PA 17110 ` Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE AITAC HEED ADDENDUM at Cozen and O'Connor, 1900 Market St., 5th Fl., Phila., PA 19103 (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 Kevin C. Rakowski Address: Cozen and O'Connor 1900 Market Street 5th Floor Philadelphia, PA 19103 Telephone: Supreme Court ID # 80739 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COZEN AND OYCONNOI( 13)': Kevin Rakowski, I•squire Attorney I.U. No. 80739 1900 Markel Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff G.f.. MANAGEMENT , INC. d/h/a IIOLIDAY INN - WEST WANDA,S DECK & BEACH CLUB, Defendant RECORDS REQUESTED: SUBPOENA TO BE SERVED ON: AUorney liu' Delcndmus (i. P Managcmcnl, d/b/a Holiday I.nn - Wcxt. Wanda's Ucck & Beach Club IN'f111 COURT OP COMMON PLEAS C11M1313RLAND COIIN'rY, PA NO: 99-.3557 JURY TRIAL DEMANDED PENNSYLVANIA MLL `v ?USTODI RI ASSOCIATES Any and all medical reports, charts, graphs, memoranda, correspondence, notes or other documents pertaining to treatment of plaintiff, Joseph Spagnolo, from January I, 1996 present. until the . Custodian of Records Pennsylvania MRI Associates 2645 North Third Street Harrisburg, PA 17110 COZEN AND OTONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant Attorney for Defendants G.F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 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 4009.2 1, Kevin C. Rakowski, Esquire, certi f ies that: 1) A notice of intent to serve subpoena with a copy of the Subpoena 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) 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. K IN C. RAKOWSKI, ESQUIRE G.P. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" DATED: May 11, 2000 COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPI I SPAGNOLO, Plaintiff V. G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant Attorney liar Defendants G.1'. Management, d/b/a Holiday Inn - West. Wanda's Deck & Beach Club IN THE COURT OI' COMMON PLEAS CUMBERLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants,' G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated in Plaintiffs Complaint as "G,F. Management, Inc, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club" intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena will be served. COZEN AND O'CONNOR BY: -. KEVIN C. RAKOWSKI,ESQUIRE Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 Attorneys for Defendants G.F. Mechanicsburg Investors, L.P. and Central Pennsylvania Hospitality, Inc., misdesignated as "G.F. Management, Inc, d/b/a holiday Inn - West, Wanda's Deck & Beach Club" Dated: April 10, 2000 COZEN AND O'CONNOR BY: Kevin Rakowski, Esquire Attorney I.D. No. 80739 1900 Market Street Philadelphia, PA 19103 (215) 665-2004 JOSEPH SPAGNOLO, Plaintiff Attorney f'or Defendants G.F. Management, d/b/a I loliday Inn - West, Wanda's Deck & Beach Club IN 111E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO: 99-3557 G.F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WEST, WANDA'S DECK & BEACH CLUB, Defendant JURY TRIAL DEMANDED WAIVER This is to certify that 1 have been notified of opposing counsel's desire to secure records in connection with the case from the witnesses listed below pursuant to the Pennsylvania Rules of Civil procedure. I have no objection to Defendants obtaining these documents. The time restraints imposed by Pennsylvania Rule of Civil Procedure 4009.21 et. seq. are hereby waived in connection with securing these documents. Also in accordance with Rule 4009.23, 1 hereby notify Defendants, that I: ( ) WANT COPIES ( ) DO NOT WANT COPIES OF THE RECORDS LISTED. REQUESTING ATTORNEY: Kevin C. Rakowski, Esquire CAPTION: Joseph Spagnolo vs. G. F. Management, d/b/a Holiday Inn - West, Wanda's Deck & Beach Club, CCP, Cumberland County, No. 99-3557 I. RECORDS REQUESTED: Any and all medical reports, charts, graphs, memoranda, correspondence, or notes other than. documents pertaining to treatment of plaintiff, Joseph Spagnolo from January 1, 1996 until the present. - I - SUBPOENA TO BE SERVED ON DATED: Custodian 01'Reeords Community Medical Associates 3601 North Progress Avenue Ilarrisburg. PA 17110 James R. Carroll. 1 squire .4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOSEPH SPAGNOLO v G. F. MANAGEMENT, INC. d/b/a HOLIDAY INN - WFST, WANDA'S DECK & BEACH CLUB File No. 99-3557 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Re 3601 (Name of Person or Entity) Harrisburg, PA f 711 O Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED ADDamrm at (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 Kevin C. Rakowski Address: Cozen and O'Connor 1900 Market Street, 5th Floor Philadelphia, PA 19103 Telephone: (215) 665-2004 Supreme Court ID # 80739 Attorney For: Defendant Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff, 7/97) COVEN AND O'CONNOR BY: Kevin Rakowski. Isyuirc Attorney LD. No. 80739 1900 Market Street Philadelphia, PA 191(3 (215) 665-2004 JOSEPI I SPAGNOLO, Plaintiff V. G.P. MANAGEMENT, INC. d/h/a HOLIDAY INN- WEST, WANDA'S DECK & BEACH CLUB, Defendant RECORDS REQUESTED: SUBPOENA TO BE SERVED ON: Auurne)' lin Dclcndants G.I.. Management, d/b/a Iloliday Inn - West. W:1u1a's Deck & Ilcach Club IN '171111 COURT 01: COMMON PLEAS C11M131iRLAND COUNTY, PA NO: 99-3557 JURY TRIAL DEMANDED COMMUNITY MEDIC - - v `- V ° r U01A AL ASSOCIATES Any and all medical reports, charts, graphs, memoranda, correspondence, notes or other documents pertaining to treatment of plaintiff, Joseph Spagnolo, from January I, 1996 until the present. Custodian of Records Community Medical Associates 3601 North Progress Avenue Harrisburg, PA 171 10 C1 7. ? ?c=, C? - -:? ? ??. r: ? ?n ? ?_.. CC ? - x: u. O O 7 o <>