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HomeMy WebLinkAbout99-07639 (2)2 0 h L V 04. is F WILESIUATAFILCWIS5 lb yv jW,lb OCAW 010W5014044 GEORGE P. JOHNSON, 111, Plaintiff VS. RALPH PEIPER, Defendant TO: Gregory Cutler, Esquire 50 East High Street Carlisle, PA 17013 NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment Monday, April 1, 2002 beginning at 2:00 p.m. in the Second Floor Hearing Room, Old Cumberland County Courthouse , Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and counsel, if you so desire. Counsel shall immediately notify all of the arbitrators if settlement is reached prior to the hearing. Anyone who finds the hearing date unsuitable is responsible for making arrangements with counsel and the arbitrators for a suitable, date, time and place. y?? DATED: February 27, 2002 ? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 : JURY TRIAL DEMANDED Karen S. Coates, Esquire 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 Thomas J. Williams, Esquire, Chairman Timothy P. Keating, Esquire, Arbitrator Charles E. Zaleski, Esquire, Arbitrator cc: Court Administrator's Office Cumberland County Courthouse Carlisle, PA 17013 L- MAR-rsoN DEARDORFF WILLIAMS 6 OTO M? &0 INFORMATION • ADVICE -ADVOCACY TEN FAST HIGH STREET CARLISLE. PENNSYLVANIA 17013 TELEPHONE (717) 243.3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.co= 7inWhz/ /2 Cfl l _io ?r ir:S JCJm=?? r. I?:CI):tCLEL?. February 27, 2002 Gregory Cutler, Esquire Karen S. Coates, Esquire 50 East High Street 305 North Front Street Carlisle, PA 17013 P. 0. Box 999 Harrisburg, PA 17108-0999 J Timothy P. Keating, Esquire Charles E. Zaleski, Esquire Cl_: 33 North Second Street 213 Market Street PA 17101 Harrisburg Harrisburg, PA 17101 , RE: George P. Johnson, III v. Ralph Pciper No. 99-7639 Civil Action Law - Cumberland County, PA Dear Counsel: Enclosed please find our Notice scheduling an Arbitration in this case for Monday, April 1, 2002 at 2:00 p.m. in the second floor hearing room of the old Courthouse in Carlisle. If anyone has a conflict with this date, it is that person's responsibility to reschedule the Arbitration Hearing. Thank you for your cooperation. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Williams I TJW/jlb ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARTSON JOHN B. FOWLER III EDWARD L. Sc1iow DANIEL K. DEARDORFF THOMAS J. WILLIAMS' No V. OTTO Ill GEORGE B. FALLER JR.' CARL C. RICH MARK A. DENLINGER DAVID R. GALLOWAY -BOARD CERTIFIED CIVIL TRIAL SFECIAUSS L'<ta?l?s 20/PS?a Enclosure /LSD a dzt ' a33/ 's . cc: Court Administrator's Office /7oil F TILESDATAFILDMISOMbgWtw -76,3 -/ ?3 ?GhAac ln%t,. fi y,r a ra INFORMATION R ADVICE • ADVOCACY'"' GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLJNTY, PENNSYLVANIA : CIVIL ACTION - LAW Jury Trial Demanded NO. 99- '707CIVLL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR_ TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249.3166 GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99. 7e- 39 CIVIL TERM COMPLAINT The above-referenced Plaintiff, George P. Johnson, III, by and through his attorneys, the Law Offices of Paul Bradford Orr, respectfully sets forth the following cause of action: The Plaintiff, George P. Johnson, Ill, is an adult individual, residing at 283 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. Defendant, Ralph Peiper, an adult individual, is believed to be residing at 161 Clemson Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is the owner of the property located at 34 %z North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about September 3, 1999, at about 3 o'clock p.m., Plaintiff was an invitee of a tenant at Defendant's premises known as 34'/ North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. While on the balcony of the premises. Plaintiff fell due to the railing becoming detached from it's anchor point, as a result of which he sustained the injuries set forth below. 6. At the above time and place. Defendant, by it's agents, servants, workmen, or employees, acting in the scope of their authority, was negligent in: a. Failing to properly maintain the railing on the premises; b. Allowing the railing to remain in a dangerous and unsafe condition after notice or opportunity for notice; C. Failing to properly inspect the railing on the premises; d. Failing to warn of a dangerous condition; e. Failing to use reasonable prudence in the care and maintenance of the railing on the premises. Solely as a result of the Defendant's negligence, Plaintiff sustained serious and painful injuries to his body and extremities, including injury to the head, injury to the ribs, multiple bruises and contusions, and severe shock to the nerves and nervous system, and possible other injuries, some or all of which may be permanent in nature and may have aggravated pre-existing conditions, causing him great pain and suffering. 8. As a result of Defendant's negligence, Plaintiff has been obliged, and may in the future be obliged, to expend various sums of money for medicines and medical treatment necessitated by the above injuries, to his great detriment and financial loss. 9. As a further result of the accident, Plaintiff has undergone great physical pain and mental anguish, and will continue to endure same for an indefinite time in the future, to his great detriment and loss. WHEREFORE, Plaintiff demands damages against Defendant in an amount in excess of $50,000.00. Date: 1242. 19 Date: /a /a a-/79 A IC S OF A FORD ORR Paul Bradford Orr, Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 14 /? ca Gregorydl. Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 73471 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. understand that false statements herein are made subject to the penalties ofPa.C.S. §4904, relating to unworn falsificatio to authorities. *11f Iq DA } t:) • .J ?' ? .: V!S ? C`: .- r;. ? 1 ?7 ... ' . ? ? n„ . ! 1. L 1'. ,..? ?-? [ ) l / a4 ,33- . K1. 3d Ld Sd- ter-}f?//?/ -?331 /?ll?tl jF O.R. )70/I XAC/ Pau. ?tiut? A - Co «zto ,?oS ?2ou f?. ??C?S- 17/D?- U I I -o0 a 1010 763 - /3y3 7 - °?Ila / /?Qo?cat j GEORGE P. JOHNSON, 111. : IN THE COURT OF COMMON PLEAS Plaintin, : CUMBERLAND COUNTY. PENNSYLVANIA V. : CIVIL ACTION - LAW Jurv Trial Demanded RALPH PEIPER, Defendant :NO. 99-7639 CIVIL TERNI ORDER OF COURT AND NOW, this 'S' day of t2002, upon consideration of the foregoing Petition, /l?rG4 . G?lGCld? uire% ti2?eejz Esquire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: . JI. 1." 1 i, 1. 1, . FE?;ANA im GEORGE P. JOHNSON, 111, Plaintiff' V. RALPII PEIPER, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Gregory L. Cutler, Esquire, counsel for the Plaintiff in the above action, respectftdly represents that: The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Gregory L. Cutler, Esquire and Karen S. Coates, Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99-7639 CIVIL TERM Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Date: By' ?e Gre .. Cutler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID # 73471 1 , GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintill' : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION • LAW Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99- 709 CIVIL TERM CERTIFICATE OF SERVICE 1, Gregory L. Cutler, do hereby certify that on this day 1 served a true and correct copy of the foregoing Petition for Appointment ofArbirators by first class mail, postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17105-0999 Dated: Ad 3/6 a Ix z?z e_ ry L. Cutler, Esquire 4 O L IV4 f.. S s f_.. : r r) J :jig Cf) c7 .:1:j p CI LL, C?, 5 v u o 0 GEORGE P. JOHNSON, 111, : IN THE COURT OF COMMON PLEAS Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPEP, Defendant :NC. 99- 7639 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this & 46 day of ?0 2000, upon consideration of the Motion to Compel Compliance a Rule is issued upon Ralph Pciper to show cause why the relief 2 LN7t C/??Z` requested should not be granted. Rule returnable at a?aa}-to be conducted in Courtroom No. at 11,'60 o'clock ,.M. in the Cumberland County Courthouse, Carlisle, Pennsylvania, on the day of d 17,,11 ?/ 2000. BY THE J. Distribution: The Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Karen S. Coates, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-09999 io- IG.aU r? ? ti ;, ?.. ,: . , ?'<, ? _ GEORGE P. JOHNSON, 111. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW : Jury Trial Demanded RAI.PII PEIPER, Defendant :NO. 99- 7639 CIVIL TERM ORDER OF COURT AND NOW, this day of 2000, it is hereby ORDERED AND DECREED, that the Defendant Answer or Raise Objections to the Interrogatories ofthe Plaintiff Addressed to Defendant-First Set. BY THE COURT: J. GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99- 7639 CIVIL TERM MOTION TO COMPEL COMPLIANCE Plaintiff, George P. Johnson, III, by his attorneys, the Law Offices of Paul Bradford Orr, requests that the Court enter an Order Compelling the Defendant to Answer the Plaintiff's Interrogatories, and in support thereof avers as follows: On December 22, 1999 the Plaintiff filed a complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On January 5, 2000 Karen S. Coates, Esquire, of Thomas, Thomas and Hafer LLP entered her appearance. 3. On January 10, 2000 the Defendant served Interrogatories Directed to Plaintiff by first class mail postage pre- paid. 4. On January 21, 2000 the Defendant filed an Answer with New Matter in the above captioned case. 5. On February 10, 2000 the Plaintiff filed his Answer to the Defendant's New Matter in the above captioned case. 6. On February 11, 2000 Plaintiff provided Answers to Defendant's Interrogatories by first class mail postage pre-paid. 7. On February 27, 2000 Defendant sent a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Advanced Life Support Services. R. On February 27, 2000 Defendant sent a Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Community Ambulance. 9. On February 27, 2000 Defendant sent a Notice oflntent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Imaging Association. 10. On February 27, 2000 Defendant sent a Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to RWC Corporation. 11. On February 27, 2000 Defendant sent Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Hospital. 12. On February 27, 2000 Defendant sent Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Productions. 13. On March 21, 2000 the Defendant filed a Certificate Prerequisite to Service of the Subpoenas Pursuant to Rule 4009.22. 14. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Advanced Life Support Services. 15. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Hospital. 16. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Community Ambulance. 17. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Imaging Association. 18. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Productions. 19. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on RWC Corporation. 20. On March 30, 2000 the Plaintiff served on the Defendant the Interrogatories of the Plaintiff Addressed to Defendant-First Set. 21. In approximately June of 2000, undersigned counsel contacted defense counsel's office to inquire about the status of the Plaintiffs Interrogatories. 22. In approximately June of 2000, undersigned counsel was informed by employees of defense counsel's firm that the Interrogatories would be delivered after defense counsel returned from vacation and reviewed the Defendant's Answers. 23. On July 28, 2000 undersigned counsel again contacted defense counsel's office to inquire about the status of the Plaintill's Interrogatories. 24. On July 28, 2000 undersigned counsel was informed by employees of defense counsel's finn that the Interrogatories would be delivered as soon as the Defendant signed a verification. 25. Pa. R.C.P. No. 4006 mandates that " the answering party shall serve a copy of the Answers, and Objections if any, within 30 days after the service of the Interrogatories." 26. The Defendant has not served copy of the Answers upon the Plaintiff. 27. The Defendant has not served a copy of any objections upon the Plaintiff. L. WHIsHEFORE, the Plaintill'reyuest that this Court enter and Order compelling the Dclbndanl to Answer the Pluiatill's Interrogatories. Itespecllidly Submitted. TI IF LAW OFFICES OF PAUL BRADFORD ORR / Gregory tlcr, Gsquirc Supreme Court ID 4 73471 50 Bast High Street Carlisle, PA 17013 (717) 258-8558 i:i GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99- 7639 CIVIL TERM CERTIFICATE OF SERVICE I, Gregory L. Cutler, do hereby certify that on this day I served a true and correct copy of the foregoing Motion to compel Compliance by first class mail, postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 Dated: /0// n/b 0 / GrcgdFy I/ . Cutler, Esquire 12 L CJ a v i z ? a o M Karen S. Coates, Esquire Attorney I.D. H 52654 Thomas, Thomas & nafer, LLP 305 North Front Street P. O. Box 99'9 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Pciper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES FIRST SET Comes now defendant, Ralph Pciper, by and through his attorneys, Karen S. Coates and Thomas, Thomas & Hafer LLP, and respectfully represents: 1. State: (a) (b) (c) (d) (e) Your full name; The address of your present residence and the address of each other residence which you have had during the past five years; Date of birth; Social Security Number; The schools you have attended and the degrees or certificates awarded, if any. ANSWER: (a) Ralph Christian Pciper (b) 161 Clemson Drive, Carlisle, PA 17013 (c) 9/27/60 (d) 213-78-4222 (e) High School graduate, Licensed Insurance Agent, Blackbelt in Karate. 2. What are the names and addresses of all persons and eyewitnesses who saw all or any part of the incident referred to in the complaint in which the plaintiff claims to have sustained injuries, so far as such persons are known to the defendant. ANSWER: Dorian Sims, Cumberland County Prison, Carlisle, PA 17013; Lisa Mathias, 34 1/2 North Hanover, Aprt. 3, Carlisle, PA 17013. 3. In addition to any persons whose names maybe furnished in response to the foregoing interrogatories, what are the names and addresses of all persons who: (a) Were at or near the scene or the incident when it occurred; and (b) Arrived at the scene thereof after it occurred. ANSWER: See Police Accident Report. 4. With respect to those persons whose names are furnished in response to interrogatories 2 and 3: (a) State which of such persons were or are agents, servants or employees of the defendant and state the duties of such persons in his or her employment, and the names and addresses of each of such other persons or corporation. ANSWER: None. They are tenants in the Defendant's building. S. Have any persons made or given to this defendant, or to any persons acting for him or in his behalf, any statement or report which has been reduced to writing concerning the incident in which the plaintiff is claimed to have sustained injuries, or concerning any fact or information relevant to such injuries or to any issue in this case? (a) If the answer to this interrogatory is in the affirmative, state the name of each person who made or gave each such statement or report, the date of each thereof, and the name and address of the person who has custody or possession of each or a copy thereof. ANS UL No written statements. 6. Did the plaintiff make or give to this defendant, or to any person acting for him or in his behalf, any statements, written, reduced to writing or otherwise recorded concerning the incident in which the plaintiff is claimed to sustained injuries, or concerning any fact or information in connection with any injuries or damages claimed to have resulted therefrom or concerning any issue in this case? If the answer to this interrogatory is in the affirmative: (a) State when, where and the name and address of the person to whom the plaintiff made or gave each such statement; and (b) If any such statement is signed by the plaintiff, either attach a full and complete copy of all such signed statements to the answers to these interrogatories or send as copy thereof to the attorney for the plaintiff. ANSWER: No. 7. State the names and addresses of all experts whom this defendant purposes to call as witnesses in this case, specifying which of such experts has made a written report or reports to this defendant. If any such experts have made a written report or reports to this defendant, either attach to the answers to these interrogatories a full and complete copy of each such report or send such copy thereof to the attorney for the plaintiff. ANSWER- No determination has been made as to which Expert(s) will be called by the Defendant at trial. Upon such determination, this response will be supplemented in a timely matter prior to trial. 8, Were any investigation or other reports prepared, compiled, submitted or made by or in behalf of this defendant in the regular course of business as a result of the incident in which the plaintiff claims to have sustained injuries? If the answer to this interrogatory is in the affirmative: (a) State when, where and the names and addresses of each person who prepared, compiled, submitted or made each such report; and (b) Innumerate and identify each report by date, subject matter and the person, company or corporation to which each report is addressed or directed. A(ySWE.R: Yes. Defendant's investigation through counsel, Karen S. Coates, Esquire is continuing. In addition, the incident was initially investigated by Daryl L. Hummelbaugh on behalf of Defendant's carrier in November, 1999. One report was drafted dated December 11, 1999. 9. State, to the best knowledge and information of the defendant, the names and addresses of all persons or corporations, who, on or about September 3, 1999, owned or had any interest in or any right to possession of the property located at 34 1/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. ANSWER: Ralph Peiper,151 Clemson Drive, Carlisle, PA 17013, owner. " 10. With respect to each person or corporation whose name is furnished in response to interrogatory number 9, state, concisely, the nature and extent of the ownership interest in or right to possession of each in the said property on said date. ANS?, WEE: Premises owned by Defendant in its entirety. 11. State the names and addresses of all persons having personal knowledge of the facts set forth in interrogatory 10. ANNSWRE; Deed is recorded and is a matter of public record. 1 • fir:.. .._, ....,.,:,,,=„? 12. Does this defendant contend that the railing and balusters attached thereto, referred to in the complaint was free of any defect in construction or state of repair which caused or contributed to cause the incident in which the plaintiff is claimed to have sustained injuries? If the answer to this interrogatory is in the affirmative; (a) State the facts upon which this defendant basis his claim that the railing and blusters attached thereto was free of any such defect; and (b) State the names and addresses of all persons having personal knowledge of the facts set forth in the answer to subparagraph (a) of this interrogatory. ANSWIRR- (a) Yes. Defendant's investigation is ongoing. By way of further response it is the Plaintiffs burden to prove that the railing was defective and that the alleged defect caused the incident. Defendant has no burden in this instance, although Defendant maintains that the railing and balusters were not deective. (b) John Blose, Doreen Peiper. Dorian Sims, now incarcerated; Lisa Mathias, Melinda Wilson, tenants at 34 1/2-North Hanover Street, Carlisle, PA. 17013. 13. With respect to the railing and balusters attached thereto referred to in the complaint; (a) State the name and address of each person, company or corporation which had constructed the railing and balusters attached thereto, and all of the dates on which such Construction had been performed: (b) State fully and in detail in which the said railing and balusters attached thereto were constructed, including, but not limited to, the length, width, thickness and weight of each of the units which comprised the railing and balusters attached thereto; and (c) State the names and addresses of all persons known to this defendant who at or prior to September 3, 1999 were responsible for the maintenance of the railings and balusters referred to in the complaint. ANSWER: The railing was there when the building was purchased. The railing was painted for the second time since the building was purchased in 1991, one week prior to Plaintiffs alleged accident. s 1 14. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair prior to the time the plaintiff is claimed to have sustained his injuries, and the date on which such inspections were performed. ANSWER: Railing was painted one week prior to Plaintiffs alleged accident y Defendant, Ralph Peiper. 15_ State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair after the time the plaintiff has claimed to have sustained his injuries, and the date on which such inspection was performed. ANSWER, Railing was inspected by Defendant's insurance carrier on November 11, 1999. 16. Prior to September 3, 1999, was any complaint or communication made to this defendant regarding any defect in the construction or state of repair of the railing and baluster referred to in the complaint? If the answer to this interrogatory is in the affirmative: (a) State the name and address of each person who made such complaint-er initiated such communication; (b) State the nature and substance of each such complaint or communication: and (c) State when, where and to whom each such complaint or communication was made. AN- S-F3' No. 17. State concisely all facts and information known to this defendant relating to the cause of the incident in which the plaintiff claims to have sustained his injuries, including, but not limited to, the reason why the railing and balusters collapsed. ANSWER: See Defendant's Answer New Matter. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. By way of further response it is the Plaintiffs burden to establish how he sustained his injuries and why the railing allegedly "collapsed." 18. State the names and addresses of all persons having personal knowledge of the fact and information set forth in answer to interrogatory 17. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 19. State concisely the manner in which this defendant says the incident referred to in the complaint occurred. ANSWER: Defendant was not present at the time of the alleged incident. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 20. Does or will this defendant contend that any person, persons or corporation, not named as a party to this action, was negligent in any such manner as to cause or contribute to the incident referred to in the complaint or to the injuries and losses claimed to have been sustained by the plaintiff? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis its claim; and (b) The names and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 21. Does or will this defendant contend that the plaintiff was negligent in any such manner as to contribute to or cause the incident referred to in the complaint or to the damages which plaintiff sustained? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis his claim; and (b) The name and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 22. Does or will this defendant claim that any of the injuries or disabilities of the plaintiff are due to any prior or subsequent injury, bodily infirniity or disease? If the answer to this interrogatory is in the affirmative, state; (a) The facts upon which this defendant basis his claim; and (b) The names and addresses of all persons having personal knowledge of facts or information set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserve the right to supplement this response in a timely manner prior to trial. 23. Has this defendant, or any other person at his request, made or taken any photograph, picture or motion picture of the balcony and baluster referred to in the complaint or the scene or location of the incident? If the answer to this interrogatory is in the affirmative, provide a description of such real evidence. ANSWER: Yes. See copies of photographs attached. -' 24. State the names and addresses of all persons not here at the fore mentioned having personal knowledge of facts material to this case. ANSWER: See Response to Interrogatory 2 above. Respectfully submitted, LLP for Defendant :91529.1 I, Ralph Peiper, Defendant in this action, do hereby verify that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information 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. Ralph Peiper Date:auacy-? .2000 5 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Pciper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE OF SERVICE AND NOW, this 11TH day of October, 2000, 1, BARBARA A. ONORATO, a Legal Assistant at the law fine of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: October 11, 2000 Legal Assistant Karen S. Coates. Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant RalPh Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) clays 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. Date: January 6, 2000 & HAFER LLP 7! 1 i Attorney for Defendant Karen S. Coates, Esquire Attorney 1.0. # 52654 Thomas, Thomas 6 Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 61h clay of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas R Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: January 6, 2000 Legal Assistant COMMONWEA! TH OF PENNSYLVANIA COUNTY f -IMBERLAND GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. RALPH PEIPER, Defendant NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PROD/ IC F DOCUMENTS OR THINGS FOR DISCOVERY PUEei IAN I Tn Rt II F 4009.22 TO: Custodian of Records, Carlisle Goodwill Fire Rescue EMS, 102 W. Ridge Street, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days alter service of this subpoena. You are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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. oena. within hvenry (20) days alter its servce, the parry serving this subpoena Il you fail to produce the documents or things required by this subp may seek a coup order compelling you to comply with it- THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Prothonotary/Clerk, Civil Division NAME. Karen S Coates ESctuiM ADDRESS 305 N Front Street POB 999 Deputy Harrisburg, PA 17108 TELEPHONE: (717) 237-7121 SUPREME COURT ID No 52651 ATTORNEYFOR- Defendants DATE: 1/07/00 Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. NO. 99-7639 RALPH POPER, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records,Carlisle Hospital, 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the coon to produce the following documents of things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS 8 HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 parry serving this subpoena may seek a court order wmpelling you to comply with iL THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON Prolhawtaryf0erk, Civil Division NAME: Karen S. Coates. Esquire ADDREss 305 N. Front Street. POB 999 Deputy Harrisburg. PA 17108 TELEPHONE: (717) 237-7121 SUPREME COURT ID No. 52651 ATTORNEY FOR: Defendants DATE: 1/7100 Seal of the Court a,-; t . Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED PRAECIPE Enter the appearance of Karen S. Coates, Esquire and the law firm of Thomas, Thomas & Hafer, LLP as attorneys for Defendant Ralph Peiper in the above captioned matter. Date: January 5, 2000 Attorneys for Defendant Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 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: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Dat • 1I)III 0A Ail I :82146.1 L7 N 1 _r Li CV Q ` 0 CJ ^. i` rJ 'tA Karen S. Coates, Esquire Attorney I.D. N 52654 Thomas, Thomas & Hafor, LLP 305 North Front Street P. O. Box 999 Harrisburg. PA 17108-0999 (717) 237-7121 Attorneys for Delendanl Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Ralph Peiper certifies that: (t) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto was mailed or clelivered 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 subpoenas, is attached to this certificate. (3) Paul Orr, Attorney for Plaintiff, has waived the 20-day rule, and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Date: january71, 2000 THOMAS, THOMAS & HAFER LLP Karen S. Coates. Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg. PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE OF SERVICE AND NOW, this 11TH day of January, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: January 11, 2000 1 ? Barbara A. Onorato Legal Assistant 4 Karen S. Coates, Esquire Attorney 1. D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237.7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant n IN THE COURT OF COMM0 PL AS CUMBERLAND CTY., PENN LV"IA m1=' CIVIL ACTION - LAW n NO. 99-7639 J ? JURY TRIAL DEMANDED ?; NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days front the date listed below in which to file or record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. & HAFER LLP Date: January 6, 2000 KAREN S. COATES, ES Attorney for Defendant Karen S. Coates, Esquire Attorney I.D. k 52654 Thomas, Thomas 8 Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717)237.7121 Attorneys for Oelendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY.,PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 61h day of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas R Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing, a copy of the same in the United States mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: January 6, 2000 Legal Assistant COMMONWEALTH OF PENNSYLVANIA j nC INN nF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS OR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Goodwill Fire Rescue EMS, 102 W. Ridge Street, Carlisle PA 17013 (Name or Person or Entity) Phthln twenty (20) days alter service of this subpoena. you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, testresults, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, - at THOMAS, THOMAS 8 HAFER. LLP, 305 N. Front Street, POS 999, Harrisburg, PA 17108 (Address) You may deliver er mail legible copies Of the dxuments or produce things requested by this subpoena. together with the cemlicale of compliance, to Ine parry 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. It 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 wth it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON ProthonotarylClerk. civil Division NAn1E Karen S Coates Esquire ADDRESS 305 N Front Street POB 999 Deputy Harrisburg. PA 17108 TELEPHONE: (717)237-7121 SUPREME COURT ID No. 52654 ATTORNEY FOR- Defendants DATE: 1/07100 Seal of the Court _J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENT OR THIN ¢ FOR DISCOVERY PURSUANT TO RULE 4009.2 TO: Custodian of Records,Carlisle Hospital. 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name or Person or Entity) Within rwenry (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things All medical reports, treatment notes, lest results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS. THOMAS 8 HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address( You may deliver or mad legible copies of the documents or produce things requested by this subpoena, together with the certAicate 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 tNngs sought. If you fail to produce the documents or things required by Nis subpoena, mthin twenty (20) days after its serace, the parry 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 Coate cn lira ADDRESS-3k5-14 . Front Street POS 99 Harrisburg PA 1710E TELEPHONE_(717) 237-7121 SUPREME COURT ID No 52654 ATTORNEY FOR. Defendants Prothonotary/Clerk, civil Division Deputy DATE:_ 1 y7/00 Seal of the Court Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara A. Onorato, A Legal Assistant at the Law Firm of Thomas, Thomas & Hafer, LLP do hereby certify that on this day I served a true and correct copy of the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS by first class mail, postage pre-paid, addressed to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP /' ,,/"&, J- ll.F r ' Barbara A.Onorato, Paralegal Date: January 10, 2000 .5- r 1 I ` 1 1 . Karen S, Coates. Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717) 237.7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara A. Onorato, a Legal Assistant at the Law Firm of Thomas, Thomas & Hafer, LLP do hereby certify that on this day I served a true and correct copy of the foregoing Interrogatories by first class mail, postage prepaid, addressed to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER LLP Z 12, Ji.O/,, t (,, ?) 6 f? Barbara A. Onorato, Paralegal Date: January 10, 2000 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff George P. Johnson, III 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. Date: January 21, 2000 Attorneys for Defendant Ralph Peiper Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108.0999 (717) 237.7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes Defendant Ralph Peiper, by and through is attorneys, Thomas, Thomas & Hafer, LLP and files the following Answer to Plaintiffs Complaint: 1. Denied. 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. 2. Admitted. 3. Admitted. 4. Denied. The averments of Paragraph 4 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Plaintiff was an "invitee" of the tenant occupying the Defendant's premises and proof is demanded. Furthermore, with respect to the allegations concerning the date and time Plaintiff was allegedly on Defendant's premises, the allegations are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. ' R 5. Denied. The averments of Paragraph 5 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Plaintiff fell due to the railing of the balcony becoming detached from its anchor point and proof is demanded. With respect to the averments of Paragraph 5, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 6. Denied. The averments of Paragraph 6, including subparagraphs (a)-(e) constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant, through his "agents, servants, workmen or employees, acting in the scope of their authority," was negligent in any manner whatsoever. Furthermore, it is specifically denied that Defendant: (a) Failed to properly maintain the railing on the premises, and proof is demanded; (b) Allowed the railing to remain in a dangerous and unsafe condition after notice or opportunity for notice, and proof is demanded; (c) Failed to properly inspect the railing on the premises and proof is demanded; (d) Failed to warn of a dangerous condition, and proof is demanded; and (e) Failed to use reasonable prudence in the care and maintenance of the railing on the premises, and proof is demanded. 7. Denied. The averments of Paragraph 7 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever and proof is demanded. With respect to the injuries allegedly sustained by the Plaintiff, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 2 V_ 8. Denied. The averments of Paragraph 8 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever. With respect to Plaintiffs allegations regarding the expenditure of sums of money for medicines and medical treatment, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 9. Denied. The averments of Paragraph 9 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever. Furthermore, with respect to the averment that Plaintiff has undergone great physical pain and mental anguish as a result of the accident, and will continue to endure same for an indefinite time in the future to his great detriment and loss, 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. WHEREFORE, Defendant Ralph Peiper requests that this Honorable Court enter judgment in his favor and against Plaintiff George P. Johnson, III. NEW MATTER 10. Paragraphs 1-9 of Defendant's Answer to Plaintiffs Complaint are incorporated herein by reference as if fully set forth at length. 11. Plaintiff has failed to state a cause of action upon which relief can be granted. 12. Defendant Ralph Peiper was not negligent and/or careless in any manner whatsoever. 3 i 13. At the time of the incident, there was no dangerous condition existing on the premises owned by the Defendant. 14. Any acts or omissions on the part of Defendant were not substantial causes or factors of the subject incident and/or did not result in the losses alleged by the Plaintiff. 15. The negligent acts or omissions of other individuals and/or entities constitute intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 16. Plaintiffs cause of action is barred by the contributory negligence of the Plaintiff. 17. Plaintiffs claims are limited or otherwise barred by Pennsylvania's Comparative Negligence Act, 42 Pa. C.S. §7102. 18. Defendant believes and therefore avers that Plaintiff was intoxicated at the time of the incident and that such intoxication was an intervening/superseding cause of any and all injuries allegedly sustained by the Plaintiff. 19. At the time of the incident, Defendant was a landlord out of possession. 20. At the time of the incident, Defendant owed no duty to the Plaintiff. 21. At the time of the incident, Plaintiff was a trespasser. 22. At the time of the incident, Plaintiff was a licensee. 23. Plaintiff assumed the risk. Date: January 21, 2000 THOMAS, TH A HAFER, LLP aren S. Coale-Z Esquire Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper 4 kr%i VERIFICATION I, Ralph Peiper, Defendant in this action, do hereby verify that the statements made in the foregoing Answer to Plaintiffs Complaint with New Matter are true and correct to the best of my knowledge, information 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. Ralph Peiper Date: Januaryla, 2000 6 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: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 THO OMAS & HAFER, LLP K S. Coates, Esquire Date: ca if / 2000 :82153.1 il. n j V" I :-O SHERIFF'S RETURN - REGULAR CASE NO: 1999-07639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GEORGE P III VS PEIPER RALPH BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PEIPER RALPH the DEFENDANT , at 0014:28 HOURS, on the 29th day of December , 1999 at 161 CLEMSON ROAD CARLISLE, PA 17013 by handing to RALPH PEIPER a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 .00 29.10 Sworn and Subscribed to before me this 31,i1- day of CL.? ,2o i> A. D. 41? Prothonotary CE & COMPLAINT was served upon So Answers: R. iThomas Kline 01/03/2000 PAUL BRADFORD ?ORR n By: IGG? ?. Deputy Sheriff GEORGE P. JOHNSON, Ill. Plaiwill' V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, Defendant : NO. 99- 7639 CIVIL TERM PLAINTIFF'S ANSMIM TO NEW MATTER AND NOW, cornes Plaintiff, George P. Johnson, III, by and through his attorneys, The Law Offices of Paul Bradford Orr and riles the following Answer to Defendant's New Matter 10. Paragraphs 1-10 of Defendant's New Matter do not require a response as they are merely denials of the averments in the Plaintiff's Complaint. 11. Denied. To the contrary, the Plaintiff has stated a negligence cause of action. 12. Denied. The averments of paragraph 12 constitute legal conclusions to which no response is require. In addition, they are merely denials of the averments in the Plaintiff's Complaint. 13. Denied. The averments of paragraph 13 constitute legal conclusions to which no response is required. In addition, they are merely denials of the averments on the Plaintiff's Complaint. 14. Denied. The averments of paragraph 14 constitute legal conclusions to which no response is required. 15. Denied. The averments of paragraph 15 constitute legal conclusions to which no response is required, 16. Denied. The averments ol'par wraph 16 constitute legal conclusions to which no response is required. By way of Further answer, the averments are specifically denied since alter reasonable investigation, Defendant is without knowledge or infornation sufficient to fora a belief as to the truth of the averments and proof is demanded. 17. Denied. 'file averments ofparagraph 17 constitute legal conclusions to which no response is required. BY v a, , of furflier answer, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 18. Denied. 'rhe avernnenls of paragraph 18 constitute legal conclusions to which no response is required. By way of further answer, the Plaintiff specifically denies he was intoxicated at the time of his tall from Defendant's balcony. 19. Denied. The averments of paragraph 19 constitute legal conclusions to which no response is required. By way of further answer, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to tine truth of the averments and proof is denanded. 20. Denied. The averments of paragraph 20 constitute legal conclusions to which no response is required. 21. Denied. The averments of paragraph 21 constitute legal conclusions to which no response is required. 22. Denied. The averments of paragraph 22 constitute legal conclusions to which no response is required. V.- . 23. Denied. The averments ol'paragraph 23 constitute legal conclusions to which no response is required. TI-IE LAW OFFICES OF PAUL BRADFORD ORR Dated: C - Uffv?- Gregory . Ktler, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney ID# 73471 VERIFICATION 1 verily that the statements made in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: /d O O ei ????f%//? George P, tnson, laintiff GEORGE P. JOHNSON, 111, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : Jury Trial Demanded NO. 99- 7639 CIVIL TERM CERTIFICATE OF SERVICE 1, Gregory L. Cutler, do hereby certify that on this day I served a true and correct copy of the foregoing ANSWER TO NEW MATTER by first class mail, postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 P-W Dated: 2 lol b? L tiler, Esquire Gregory ' y I ?..,? ?1 ='_ `; ? ? i` c : C/?'- ' ?`? , .?. ?I 1. l?. ?? ? _ ?!:? ? . l:. I L? u ?j Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION- LAW NO. 99-7639 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANT TO RULE 4009,22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Ralph Peiper certifies that: (1) A notice of intent to serve the subpoenas 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 subpoenas is sought to be served. (2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate. (3) No objections have been received by Paul Orr, Attorney for Plaintiff, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. Date: March 21, 2000 THOMAS, & HAFER LLP KAREN S. COATES Attorney for Defendant F r A THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPH P HAFER JAMES K. THOMAS. 11 ROBERTSON 0. TAYLOR JEFFREY 0. RETTIG PETER J. CURRY R. BURKE M<LEMORE. JR. EDWARD H. JORDAN, 1R. C. KENT PRICE RANDALLG.GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B.MARCELLO PAUL I. DELLASEGA OFCOUNSEL JAMES K. THOMAS Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, Pa 17013 305 NORTH FRONT STREET SIXTH FLOOR P.O. BOX 999 HARRISBURG, PA 171 08 1717)277.7100 FAX (717) 277.7105 WRITER'S DIRECT DIAL NUMBER 717-237-7121 February 27, 2000 RE: George P. Johnson, III v. Ralph Peiper NO. 99-7639 Dear Mr. Orr: DANIEL J. GALLAGHER ROBERT A. TAYLOR SARAH W.AROSELL EUGENE N. McHUGH STEPHEN E. GEDULDIG KAREN S. COATES GARY T. LATHROP TODD B. NARVOL JAMES J. DODD•O KENNETH A. RAPP KEVIN C. McNAMARA BROOKS R. FOLAND JOHN FLOUNLACKER JOHN M. POPILOCK MICHELE J. THORP DRUMMOND B. TAYLOR Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced matter. sas AFER r:f LEHIGH VALLEY OFFICE- 12 E. MARKET STREET, P.O. BOX 1172. BETHLEHEM, PA 18016 (610) 868- 1675 FAX (610) 868.1702 Very truly yours, GEORGE P. JOHNSON, III Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99.7639 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A. SUBPOENA TO';,. PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO,RULE4009.2i TO: Counsel and Parties of Record Defendant intends to serve a subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JFAREN S eOATES, ESQUIR' 305 NORTH FRONT STREET-6TH FLOOR HARRISBURG, PA 17108 (717) 237-712 7 ATTORNEY FOR DEFENDANT Date: February 27, 2000 p_. :. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P, Johnson, III, v, Ralph Peiper, File No. 99-7639 SUBPOENA TO PRODUCE DOCUM FOR ENTS ORTHINGS DISCOVERY PURSUANT TO RULE 4009,22 TO: Carlisle Advanced Life Support Services (Name of Person or Entity) Within twenty things: after service of this subpoena. documents or things: you are ordered by the court to produce the following v' dg an and all records re ardin 4 George p, 7 26 53 and (SS# 206-42-5900), incident -r°f at You may y deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the this request to seek in advance the reasonable cost of p paring the copies or the address listeds ove.Yeuhave the right right If you fail to produce the documents or things required by Producing the things sought. the party serving this subpoena may seek a court order ompellliing you twen this oena 9 you to within ry with it. (20) days after its service, THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name 0 Esi Address: r ' A Telephone: Supreme Court ID g 2 Attorney For: BY THE COURT: Da te: Seal of the Court Prothonotary/Clerk, Ci ail Division Deputy J i i (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, V. Ralph Peioer, Q: carlisT=Communjy Ambulance (Name of Person or Enlily) /ithin twenty (20) days alter service of this subpoena, you are ordered by the court to produce the following iocuments or things: 21---;P provide any and all records regarding George P. Johnson roOB• 7/26/53) and (SS# 206-42-5900), incident Aar n otember 3 1999 999, -. , V(Address) )u may deliver or mail legible copies of the documents or produce things requested by this subpoena, together th the certificate of compliance, to the party making this request at the address listed above.You have the riaht seek in advance the reasonable cost of preparing the copies or producing the things sought. you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, s party serving this subpoena may seek a court order compelling you to comply with it. "IS SUBPOENA VVAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: !me Xa C r'nar Fs +1ir - !dress: n_n Rn• ogg Far ri <hnr? lap 1710A !ephone: 7 17 - 7 1 71 :preme Court ID 5265.4 orney For: 0-- nrlanr SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 99-7639 BY THE COURT: te: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (EII.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, V. File No. 99-7639 Ralph Peiper, SUBPOENATO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 O: r az sle ?ma.ging-Ass-iation (Name of Person or Entity) /ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following :ocuments or things: PI oa so Qovide any and all records regarding George P. lnhnson (DOB 7/26153) and (SS# 206-42-5900), incident f otember 3 1999. m? -- - _ (Address) )u may deliver or mail legible.copies of the documents or produce things requested by this subpoena, together th the certificate of compliance, to the part' making this request at the address listed above. You have the right seek in advance the reasonable cost of preparing the copies or producing the things sought. /ou fail to produce the documents or things required by this subpoena within twenty (20) days after its service, party serving this subpoena may seek a court order compelling you to comply with it. iIS SUBPOENA V/AS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ime xa q r t -.c re fdress_ v.n_ cn• oqq HA-sbi-q PP 171 lephone: '217-71 71 :preme Court ID # 5265' - orney For: n? ?-a?an* BY THE COURT: Prolhonotary/Clerk, Civil Division te: Deputy Seal of the Court (Elf. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: vwr?r Grp (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: regarding George P. Johnson III Anv Ant'l All records 206-42-5900. DQB- 2/26/S3 and SE9 at !F.;rras, -.. - ., .. Pa !'7jeE,- (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 Ka n S r•nph ?Fcnni re Address: P 0 Po• 999 ft r,i ahnrQ, 171 n8 Telephone: -;-47-71')l Supreme Court ID r 52654 Attorney For: nP° giant- BY THE COURT: Prothonotary/Clerk, Civil Division Dale: Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson , III, v. Ralph Peiper, TO: rn.i i r *lim -ita (Name of Person or ENily) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A%, aRd all r- eeer4s--r?e?nq 9e . Johnson, III DOE= 7,126,'553 ==,d S5w - - . at _ t _ , - _ - _ - , - (Address) r ._ .. , 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 ISS LIED AT THE REQUEST OF THE FOLLOWING PERSON: Name Karen C fnat Fcnni ra Address: ]2.o- no•r a q q HPrrisbi-g, P ? 17108 Telephone: 7 3 7- 71 71 Supreme Court ID n 5'"654 Attorney For: n 'one-ipnr SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 File No. 99-7639 BY THE COURT: Prothonotary/Clerk, Civil Division Date Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: r^rligl?p (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ge Johnson, II, , -lud Me and payroll (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 x;- c r t , rgauir Address: P r) Rn 99q R;? rjsbtt g Pa 171n.9 Telephone: 937-71 21 Supreme Court ID # 52654 Attorney For: nefP rla of BY THE COURT: Prothonotary/Clerk, Civil Division Date Seal of the Court Deputy (Eff. 7/°7) Karen S. Coates, Esquire Attorney I.D. N 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17100-0999 (717)237.7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION - LAW NO. 99-7639 :OF SERVICE AND NOW, this 27th day of February, 2000, I, Sheila A. Sprague, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas by placing a copy of the same in the United States mail, first class, postage prepaid, to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: February 27, 2000 4kfla Sprague Legal Assistant Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE OF SERVICE AND NOW, this 21siday of March , 2000, I, SHEILA A. SPRAGUE, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Sh'eifa A. Sprague Date: March 21, 2000 Legal Assistant - :', - ,= ;;, = C., c.:l CJ 1 1 ' I I 1 °o ?° chi a u cp - Uj C o = _ I , rzJM.0 t 'E ?i ® ' I . i .A J , 55L m qqW ?' Q K L i z ? o 0 S 2 _ i W 1 Z I Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafor, LLP 305 North Front Street P. O. Box 999 Harrisburg. PA 17108-0999 (717)237.7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-7639 RALPH PEIPER, CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY PURSUANTTO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant Peiper certifies that: (1) 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 subpoenas, is attached to this certificate. (3) Pau I Orr, Attorney for Plaintiff, has waived the 20-day ru le, and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Date: January 6, 2000 THOMAS, THOMAS & HAFER LLP Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 RALPH PEIPER, CERTIFICATE OF SERVICE AND NOW, this 61h day of January, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United Stales Mail, first class, postage prepaid, to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: January 6, 2000 'Barbara A. Onorato Legal Assistant Karen S. Coates. Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. 0. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. & HAFER LLP Date: January 6, 2000 Y KAREN 5. COATES, QUI Attorney for Defendant Karen S. Coates, Esquire Attorney I. D. m 52654 Thomas, Thomas 8 Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CTY., PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99.7639 RALPH PEIPER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas R Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: January 6, 2000 Legal Assistant 77777 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. NO. 99-7639 RALPH PEIPER, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2 TO: Custodian of Records, Carlisle Goodwill Fire Rescue EMS, 102 W. Ridge Street, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER. LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 parry 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 hventy (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 ProlhonotarylClerk, Civil Division NAME: Karen S Coates Esouire ADDRESS 305 N Front Street POB 999 Deputy Harrisburg, A 17108 TELEPHONE- L171 237-7121 SUPREME COURT ID No: 52654 ATTORNEYFOR: Defendants DATE: 1107/00 Seal of the Court • r?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. RALPH PEIPER, Defendant NO. 99-7639 JURY TRfAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.2 2 TO: Custodian of Records,Carlisle Hospital, 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name of Person or Entity) Wilhin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cendiicale of Compliance, to the pony 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 parry 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 Prolhonalary/Clerk, Civil Division NAME: Karen S. Coates Esau it ADDRESS 305 N Front Street POB 999 Deputy Harrisburg PA 1710E TELEPHONE, (7171237-7121 SUPREME COURT ID No: 5265.1 ATTORNEY FOR:_Defendant5 DATE: 1/7/00 Seal of the Court - _ . r r i f ? ? i i 3 '• x 3 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P.O.Box999 Harrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED RES-PONSE AIN OFFDS RULE TO SHOW CA AND NOW, comes Defendant Ralph Peiper, by his attorneys, Thomas, Thomas & Hafer, LLP, and files the within Response to Plaintiffs Motion for an Order Compelling Defendant to Answer Plaintiffs interrogatories: 1. Admitted. 2. Admitted. 3. Admitted with clarification. In addition to serving Interrogatories upon the Plaintiff, Defendant also served a Request for Production of Documents. 4. Admitted. 5. Admitted. 6. Denied. Plaintiff provided answers to Defendant's interrogatories by cover letter i I . i I. _1 dated February 17, 2000. 7-19. Admitted. 20. Denied. Plaintiff served Interrogatories upon Defendant under cover letter dated March 31, 2000. 21. Denied and proof is demanded. 22. Denied and proof is demanded. 23. Admitted. 24. Admitted. 25. No response required. 26. Denied. On or about October 11, 2000, Defendant Ralph Peiper served answers responsive to all of Plaintiffs Interrogatories, Nos. 1 through 24, in addition to providing copies of photographs of the area involved in this incident. Please see Answers attached hereto and marked as Exhibit "A." 27. Admitted. NEW MATTER 28. Defendant has provided responses to Plaintiffs Interrogatories and therefore, the pending Motion to Compel is moot. 29. To date, although Plaintiff was served with a Request for Production of Documents on January 10, 2000, Plaintiff has failed to file any formal response or objections to the Request for Production of Documents. 2 WHEREFORE, Defendant Ralph Peiper respectfully requests that this Court dismiss Plaintiffs Motion to Compel, as the Motion is moot, given Defendant's provision of answers to the outstanding Interrogatories. Respectfully submitted, & HAFER, LLP Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Date: November 7, 2000 Attorneys for Defendant Ralph Peiper 3 Karen S. Coates, Esquire Attomcv I.D. r 52654 Thomas. Thomas & Hafer, LLP 3as North Front Street P. O. Box 799 Harrisburg, PA 17108-0999 (717)'-37.71''-1 Attorneys for Defendant Ralph Peipcr GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF CONINION PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSNVERS TO PLAINTIFF'S INTERROGATORIES FIRST SET Comes now defendant, Ralph Peiper, by and through his attorneys, Karen S. Coates and Thomas, Thomas & Hafer LLP, and respectfully represents: 1. State: (a) Your full name; (b) The address of your present residence and the address of each other residence which you have had during the past five years; (c) Date of birth; (d) Social Security Number; (e) . The schools you have attended and the degrees or certificates awarded, if anv. aN'SNVER: (a) Ralph Christian Peiper (b) 161 Clemson Drive, Carlisle, Pa 17013 (c) 9/27/60 (d) 213-734223 (e) High School graduate, Licensed Insurance Agent, Blackbelt in Karate. 2. What are the names and addresses of all persons and eyewitnesses who saw all or any part of the incident referred to in the complaint in which the p Iaintiff claims to have sustained injuries, so far as such persons are known to the defendant. ANSWER- Dorian Sims, Cumberland County Prison, Carlisle, PA 17013; Lisa Mathias, 34 1/2 North Hanover, Aprt. 3, Carlisle, PA 17013. 3. In addition to any persons whose names may be furnished in response to the foregoing interrogatories, what are the names and addresses of all persons who: (a) Were at or ndar the scene or the incident when it occurred; and (b) Arrived at the scene thereof after it occurred. ANS«'ER• See Police Accident Report. 4. With respect to those persons whose names are furnished in response to interrogatories 2 and 3: (a) State which of such persons were or are agents, servants or employees of the defendant and state the duties of such persons in his or her employment, and the names and addresses of each of such other persons or corporation. AaSwFR• None. They are tenants in the Defendant's building. 5. Have any persons made or given to this defendant, or to any persons acting for him or in his behalf, any statement or report which has been reduced to writing concerning the incident in which the plaintiff is claimed to have sustained injuries, or concerning any fact or information relevant to such injuries or to any issue in this case? (a) If the answer to this interrogatory is in the affirmative, state the name of each person who made or gave each such statement or report, the date of each thereof, and the name and address of the person who has custody or possession of each or a copy thereof. ANSWER: No written statements. 6. Did the plaintiff make or give to this defendant, or to any person acting for him or in his behalf, any statements, written, reduced to writing or otherwise recorded concerning the incident in which the plaintiff is claimed to sustained injuries, or concerning any fact or information in connection with any injuries or damages claimed to have resulted therefrom or concerning any issue in this case? If the answer to this interrogatory is in the affirmative: (a) State when, where and the name and address of the person to whom the plaintiff made or gave each such statement; and (b) If any such statement is signed by the plaintiff, either attach a full and complete copy of all such signed statements to the answers to these interrogatories or send as copy thereof to the attorney for the plaintiff. ANSNVER: No. 7. State the names and addresses of all experts whom this defendant purposes to call as witnesses in this case, specifying which of such experts has made a written report or reports to this defendant. If any such experts have made a written report or reports to this defendant, either attach to the answers to these interrogatories a full and complete copy of each such report or send such copy thereof to the attorney for the plaintiff. ANSWER- No determination has been made as to which Expert(s) will be called by the Defendant at trial. Upon such determination, this response will be supplemented in a timely matter prior to trial. S. Were any investi.-ation or other reports prepared, compiled, submitted or made by or in behalf of this defendant in the regular course of business as a result ofthe incident in which the plaintiff claims to have sustained injuries? If the answer to this interrogatory is in the affirmative: (a) State when, where and the names and addresses of each person who prepared, compiled, submitted or made each such report; and (b) Innumerate and identify each report by date, subject matter and the person, company or corporation to which each report is addressed or directed. ANSWER: Yes. Defendant's investigation through counsel, Karen S. Coates, Esquire is continuing. In addition, the incident was initially investigated by Daryl L. Hununelbaugh on behalf of Defendant's carrier in November, 1999. One report was drafted dated December 11, 1999. 9. State, to the best knowledge and information of the defendant, the names and addresses of all persons or corporations, who, on or about September 3, 1999, owned or had any interest in or any right to possession of the property located at 34 1/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. ANSWER: Ralph Peiper, 151 Clemson Drive, Carlisle, Pa 17013, owner. 10. With respect to each person or corporation whose name is furnished in response to interrogatory number 9, state, concisely, the nature and extent of the ownership interest in or right to possession of each in the said property on said date. ANSINT R: Premises owned by Defendant in its entirety. 11. State the names and addresses of all persons having personal knowledge of the facts set forth in interrogatory 10. ANSWER: Deed is recorded and is a matter of public record. 13. Does this defendant contend that the railing and balusters attached thereto, referred to in the complaint was free of any defect in construction or state of repair which caused or contributed to cause the incident in which the plaintiff is claimed to have sustained injuries? If the answer to this interrogatory is in the affirmative; (a) State the facts upon which this defendant basis his claim that the railing and blusters attached thereto was free of any such defect; and (b) State the names and addresses of all persons having personal knowledge of the facts set forth in the answer to subparagraph (a) of this interrogatory. ANSWER: (a) Yes. Defendant's investigation is ongoing. By way of further response it is the Plaintiffs burden to prove that the railing was defective and that the alleged defect caused the irkident. Defendant has no burden in this instance, although Defendant maintains that the railing and balusters were not deective. (b) John Blose, Doreen Peiper. Dorian Sims, now incarcerated; Lisa Mathias, Melinda Wilson, tenants at 34 1/2 North Hanover Street, Carlisle, PA. 17013. 13. With respect to the railing and balusters attached thereto referred to in the complaint; (a) State the name and address of each person, company or corporation which had constructed the railing and balusters attached thereto, and all of the dates on which such Construction had been performed: (b) State fully and in detail in which the said railing and balusters attached thereto were constructed, including, but not limited to, the length, width, thickness and weight of each of the units which comprised the railing and balusters attached thereto; and (c) State the names and addresses of all persons known to this defendant who at or prior to September 3, 1999 were responsible for the maintenance of the railings and balusters referred to in the complaint. ANSWER: The railing was there when the building was purchased. The railing was painted for the second time since the building was purchased in 1991, one week prior to Plaintiffs alleged accident. 14. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair prior to the time the plaintiff is claimed to have sustained his injuries, and the date on which such inspections were performed. ANS R: Railing was painted one week prior to Plaintiffs alleged accident by Defendant, Ralph Peiper. 15. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair after the time the plaintiff has claimed to have sustained his injuries, and the date on which such inspection was performed. ANSNER: Railing was inspected by Defendant's insurance carrier on November 11, 1999. 16. Prior to September 3, 1999, was any complaint or communication made to this defendant regardinsz any defect in the construction or state of repair of the railing and baluster referred to in the complaint? If the answer to this interrogatory is in the affirmative: (a) State the name and address of each person who made such complaint or initiated such corrununication; (b) State the nature and substance of each such complaint or communication: and (c) State when, where and to whom each such complaint or communication was made. Y N No. 17. State concisely all facts and information known to this defendant relating to the cause of the incident in which the plaintiff claims to have sustained his injuries, including, but not limited to, the reason why the railing and balusters collapsed. aNSN'YTR: See Defendant's Answer New Matter. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. By way of further response it is the Plaintiff's burden to establish how he sustained his injuries and why the railing allegedly "collapsed." IS. State the names and addresses of all persons having personal knowledge of the fact and information set forth in answer to interrogatory IT ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 19. State concisely the manner in which this defendant says the incident referred to in the complaint occurred. ANSWER: Defendant was not present at the time of the alleged incident. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 20. Does or will this defendant contend that any person, persons or corporation, not named as a party to this action, was negligent in any such manner as to cause or contribute to the incident referred to in the complaint or to the injuries and losses claimed to have been sustained by the plaintiff? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis its claim; and (b) The names and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 21. Does or will this defendant contend that the plaintiff was negligent in any such manner as to contribute to or cause the incident referred to in the complaint or to the damages which plaintiff sustained? If the answer to this interrogatory is in the affirmative, state: ii (a) The facts upon which this defendant basis his claim; and (b) The name and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 1• i n ?? Does or will this defendant claim that any of the injuries or disabilities of the plaintiff are due to any prior or subsequent injury, bodily infirmity or disease? If the answer to this interro;atory is in the affirmative, state; (a) The facts upon which this defendant basis his claim; and ' ersonal knowledge of facts or (b) The names and addresses o f all persons having p interrogatory. information set forth in answer to sub-paraggraph (a) of this t ANSWER Defendant's investigation is continuing and as such, Defendant reserve the right to supplement this response in a timely manner prior to trial. 23. Has this defendant, or any other person at his request, made or taken any photograph, picture or motion picture of the balcony and baluster referred to in the complaint or the scene or location of the incident? If the answer to this interrogatory is in the affirmative, provide a description of such real evidence. ey SWER: Yes. See copies of photographs attached. 24. State the names and addresses of all persons not here at the fore mentioned having personal knowledge of facts material to this case. AN1SNVER: See Response to Interrogatory 2 above. Respectfully subrnitted, LLP S. :91529.1 for Defendant VERIFICATION I, Ralph Peiper, Defendant in this action, do hereby verity that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn fa:sification to authorities. Ralph Peiper Date: Qtl-?- , 2000 5 Karen S. Coates. Esquire Attomev I.D. g 52654 Thomas. Thomas & Hafer, LLP 315 North Front Street P. 0. Box 999 Harrisburg. PA 17108.0999 t717) 237-7131 Attomevs for Defendant Ralph Peeper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE OF SERVICE NOW, this 1 1TH day of Octo ber, ?000, I, BARBARA A• ONORATO, a Legal AND NON Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East Hi°-h Street Carlisle, PA 17013 Date: October 11, 2000 Barbara A. Onorato Le-gal Assistant R7IFl?111?4R ?IIIR¦A!®?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: Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 LLP S. Coates, Esquire Date: November 7, 2000 :113005.1 4 GEORGE P. JOHNSON, III IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RALPH PEIPER, NO. 99-7639 CIVIL TERM Defendant IN RE: MOTION TO COMPEL COMPLIANCE ORDER OF COURT AND NOW, this 9th day of November, 2000, it appearing that the interrogatories in this case have been responded to, albeit belatedly, the petition of the plaintiff to compel discovery is dismissed as moot. The following order is directed, however, with respect to the plaintiff's objections to the answers of the defendant: 1) Counsel for the defendant is directed to verify that no written reports exist of this incident. 2) In response to Interrogatories 9 and 10, the defendant is directed to furnish names and addresses of any persons who were tenants of the subject premises at the time of this incident. 3) The defendant shall make a specific response to Interrogatory 13C. 4) The defendant shall make a specific response to Interrogatory 15. 5) It is understood that the obligation of the defendant to respond to Interrogatory 17 is continuing, and defendant shall disclose to the plaintiff all facts and information known to him relating to the cause of the incident when same become available. I I 1 1 ? i W y M_ -7 i o I ? t ! a u i w_ r t I i f } 99-7639 CIVIL TERM By the Court, Hess, J. Gregory L. Cutler, Esquire For the Plaintiff Richard K. Laws, Esquire For the Defendant :bg Lop ? 11-13.00 R? Karen S. Coates, Bsupiire Attorney I.D. # 52654 7'huntas,'I'hontas & Hafer, 1.1.1' 305 North Front Street P. 0. Box 999 I larrisburg, PA 17108.0999 (717) 237-7121 Attorneys for Defendant Ralph Pciper GEORGE P. JOHNSON, 111, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION- LAW NO. 99-7639 CERTIFICATE OR SERVICE AND NOW, this 29th day of December, 2000, 1, BARBARA A. ONORATO, a Legal Assistant at the law fine of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Supplemental Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: December 29, 2000 Barbara A. Onorato Lcgal Assistant ;, --:. - We, the undersigned arbitrators, having been duly appointed and sworn (or :affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) In She Court of Common pleas of Cumberland County, Pennsylvania y No. 7639 19 99 CIVIL ACTION - LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Comaon_ wealth and that we will discharge the duties of our office with fidelity. AWARD 1 a'fc C 0 George P. Johnson, III, Plaintiff ) V. Ralph Peiper, ) Defendant ) 31' S, OOn -!' n_.1 applicable.) Arbitrator+ dissents. Date of Hearing: y , c7- Date of Award: ti , p' W NOTICE OF ENTRY OF AWARD r (Insert name if Now, the /<7-day of 0705award was entered upon the d cket and noticegthere,oftgiin' N + the above parties or their attorneys. Y mail to the Arbitrators' compensation to be fig` ?f• paid upon appeal: $ o7yQ,Q, P thonotary ByD?s? Deputy I. It K CAMP wm P,, Co. I/-/O' O" ?/ oa r i & 4 ?2? ? ??- GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99- 7639 CIVIL TERM PRAECIPE TO DISCONTINUE ACTION Please mark the above captioned matter settled and discontinued between the parties. Dated- / 1002 7 LAW OFFICES OF PAUL BRADFORD ORR Gregory VCut-Yer, Esquire Attorney I.D. No. 73471 50 East High Street Carlisle- PA 17013 Counsel for Plaintiff GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99- 10/ CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : Jury Trial Demanded RALPH PEIPER, Defendant : NO. 99- -74,3q' CIVIL TERM COMPLAINT The above-referenced Plaintiff, George P. Johnson, III, by and through his attorneys, the Law Offices of Paul Bradford Orr, respectfully sets forth the following cause of action: The Plaintiff, George P. Johnson, III, is an adult individual, residing at 283 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Ralph Peiper, an adult individual, is believed to be residing at 161 Clemson Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is the owner of the property located at 34 '/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about September 3, 1999, at about 3 o'clock p.m., Plaintiff was an invitee of a tenant at Defendant's premises known as 34 '/z North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 5. While on the balcony of the premises, Plaintiff fell due to the railing becoming detached from it's anchor point, as a result of which he sustained the injuries set forth below. 6. At the above time and place, Defendant, by it's agents, servants, workmen, or employees, acting in the scope of their authority, was negligent in: a. Failing to properly maintain the railing on the premises; b. Allowing the railing to remain in a dangerous and unsafe condition after notice or opportunity for notice; C. Failing to properly inspect the railing on the premises; d. Failing to warn of a dangerous condition; e. Failing to use reasonable prudence in the care and maintenance of the railing on the premises. 7. Solely as a result of the Defendant's negligence, Plaintiff sustained serious and painful injuries to his body and extremities, including injury to the head, injury to the ribs, multiple bruises and contusions, and severe shock to the nerves and nervous system, and possible other injuries, some or all of which may be permanent in nature and may have aggravated pre-existing conditions, causing him great pain and suffering. 8. As a result of Defendant's negligence, Plaintiff has been obliged, and may in the future be obliged, to expend various sums of money for medicines and medical treatment necessitated by the above injuries, to his great detriment and financial loss. 9. As a fiuther result of the accident, Plaintiff has undergone great physical pain and mental anguish, and will continue to endure same for an indefinite time in the future, to his great detriment and loss. WHEREFORE, Plaintiff demands damages against Defendant in an amount in excess of $50,000.00. ORR Date: j L4 9 Da#ee:10 Ia h (717) 258-8558 Supreme Court ID No. 71786 Gregory ler, Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 73471 Paul Bradford Orr, Esq. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties ofPa.C.S. §4904, relating to unworn falsificatio to authorities. DATE: / George . Jo in, P r ` [r? -v r O1 rC7 r? -C C? - E, r :. , ? o a g. ? ? ? o ?? ? ?) ? ? ? GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. ; Jury Trial Demanded RALPH PEIPER, ; NO. 99- 7639 CIVIL TERM Defendant RULE TO SHOW CAUSE day of , 2000, upon consideration of the AND NOW, this Motion to Compel Compliance a Rule is issued upon Ralph Peiper to show cause why the relief ? o be conducted in Courtroom No. requested should not be granted. Rule returnable at ?' ._ at /l% DV o'clock d-.M. in the Cumberland County Courthouse, Carlisle, 2000. Pennsylvania, on the -M day of BY THE CO;: 4 J. Distribution: The Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Karen S. Coates, Esquire Thomas, Thomas and Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-09999 gyp, / G.ba 14J i'Vlj 00 AUM ???, GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. Jury Trial Demanded RALPH PEIPER, : NO. 99- 7639 CIVIL TERM Defendant ORDER OF COURT day of ,2000, it is hereby AND NOW, this ORDERED AND DECREED, that the Defendant Answer or Raise Objections to the Interrogatories of the Plaintiff Addressed to Defendant-First Set. BY THE COURT: J. GEORGE P. JOHNSON, 111, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded :No. 99- 7639 CIVIL TERM MOTION TO COMPEL COMPLIANCE Plaintiff, George P. Johnson, III, by his attorneys, the Law Offices of Paul Bradford Orr, requests that the Court enter an order Compelling the Defendant to Answer the Plaintiffs Interrogatories, and in support thereof avers as follows: 1. On December 22, 1999 the plaintiff filed a complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. On January 5, 2000 Karen S. Coates, Esquire, of Thomas, Thomas and Hafer LLP entered her appearance. 3 On January 10, 2000 the Defendant served Interrogatories Directed to Plaintiff by first class mail postage pre- paid. 4 On January 21, 2000 the Defendant filed an Answer with New Matte' in the above captioned case. 5. On February 10, 2000 the Plaintiff filed his Answer to the Defendant's New Matter in the above captioned case. 6. On February 11, 2000 Plaintiff provided Answers to Defendant's Interrogatories by first class mail postage pre-paid. 7 On February 27, 2000 Defendant sent a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Advanced Life Support Services. g. on February 27, 2000 Defendant sent a Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Community Ambulance. 9. On February 27, 2000 Defendant sent a Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to Carlisle Imaging Association. 10. On February 27, 2000 Defendant sent a Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 to RWC Corporation. 11. On February 27, 2000 Defendant sent Notice of Intent to serve a Subpoena to Produce Documents and Things for Discovery pursuant to Rule 4009.21 to Carlisle Hospital. 12. On February 27, 2000 Defendant sent Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery pursuant to Rule 4009.21 to Carlisle Productions. 13. On March 21, 2000 the Defendant filed a Certificate Prerequisite to Service of the Subpoenas Pursuant to Rule 4009.22. 14. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Advanced Life Support Services. 15. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Hospital. 16. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Community Ambulance. 17. On March 24, 2000 the Defendant served a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.22 on Carlisle Imaging Association. 1 8. On March 24, 2000 the Defendant served a Subpoena to produce Documents and Things for Discovery pursuant to Rule 4009.22 on Carlisle Productions. 19. On March 24, 2000 the Defendant served a Subpoena to produce Documents and ration. Things for Discovery Pursuant to Rule 4009.22 on RWC Corpo 20. On March 30, 2000 the plaintiff served on the Defendant the Interrogatories of the plaintiff Addressed to Defendant-First Set. undersigned counsel contacted defense counsel's 21 In approximately June of 2000, office to inquire about the status of the Plaintiffs Interrogatories. 22. In approximately June of 2000, undersigned counsel was informed by employees of defense counsel's firm that the Interrogatories would be delivered after defense counsel returned from vacation and reviewed the Defendant's Answers. 23. On July 28, 2000 undersigned counsel again contacted defense counsel's office to inquire about the status of the Plaintiffs Interrogatories. 24. On July 28, 2000 undersigned counsel was informed by employees of defense counsel's firm that the Interrogatories would be delivered as soon as the Defendant signed a verification. . Pa. R.C.P. No. 4006 mandates that "the answering party shall serve a copy of the 25 Answers, and objections if any, within 30 days after the service of the Interrogatories." 26. The Defendant has not served copy of the Answers upon the Plaintiff. 27. The Defendant has not served a copy of any objections upon the Plaintiff. WHEREFORE, the Plaintiff request that this Court enter and order compelling the Defendant to Answer the Plaintiff s Interrogatones. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR /0//0/0-0 Gregory . tler, Esquire Supreme Court ID # 73471 50 East High Street Carlisle, PA 17013 (717) 258-8558 GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded : NO. 99- 7639 CIVIL TERM CERTIFICATE OF SERVICE that on this day I served a true and correct copy of I, Gregory L. Cutler, do hereby certify the foregoing Motion to compel Compliance by first class ma'L postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LL? 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 Z? '/ r., e Dated: /0// 0/0 0D Grg . Cutler, Esqun Q> s 3 a ? 0 0 cb Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES ?R?T SET Comes now defendant, Ralph Peiper, by and through his attorneys, Karen S. Coates and Thomas, Thomas & Hafer LLP; and respectfully represents: 1. State: (a) (b) (c) (d) (e) Your full name; The address of your present residence and the address of each other residence which you have had during the past five years; Date of birth; Social Security Number; The schools you have attended and the degrees or certificates awarded, if any. ANSWER: (a) Ralph Christian Peiper (b) 161 Clemson Drive, Carlisle, PA 17013 (c) 9/27/60 (d) 213-78-4222 (e) High School graduate, Licensed Insurance Agent, Blackbelt in Karate. 2. What are the names and addresses of all persons and eyewitnesses who saw all or any part of the incident referred to in the complaint in which the plaintiff claims to have sustained injuries, so far as such persons are known to the defendant. ANSWER: Dorian Sims, Cumberland County Prison, Carlisle, PA 17013; Lisa Mathias, 34 1/2 North Hanover, Aprt. 3, Carlisle, PA 17013. 3. In addition to any persons whose names may be furnished in response to the foregoing interrogatories, what are the names and addresses of all persons who: (a) Were at or near the scene or the incident when it occurred; and (b) Arrived at the scene thereof after it occurred. ANSWER: See Police Accident Report. 4. With respect to those persons whose names are furnished in response to interrogatories 2 and 3: (a) State which of such persons were or are agents, servants or employees of the defendant and state the duties of such persons in his or her employment, and the names and addresses of each of such other persons or corporation. ANSWER: None. They are tenants in the Defendant's building. 5. Have any persons made or given to this defendant, or to any persons acting for him or in his behalf, any statement or report which has been reduced to writing concerning the incident in which the plaintiff is claimed to have sustained injuries, or concerning any fact or information relevant to such injuries or to any issue in this case? _1 (a) If the answer to this interrogatory is in the affirmative, state the name of each person who made or gave each such statement or report, the date of each thereof, and the name and address of the person who has custody or possession of each or a copy thereof. ANSWER* No written statements. 6. Did the plaintiff make or give to this defendant, or to any person acting for him or in his behalf, any statements, written, reduced to writing or otherwise recorded concerning the incident in which the plaintiff is claimed to sustained injuries, or concerning any fact or information in connection with any injuries or damages claimed to have resulted therefrom or concerning any issue in this case? If the answer to this interrogatory is in the affirmative: (a) State when, where and the name and address of the person to whom the plaintiff made or gave each such statement; and (b) If any such statement is signed by the plaintiff, either attach a full and complete copy of all such signed statements to the answers to these interrogatories or send as copy thereof to the attorney for the plaintiff. ANSWER: No. 7. State the names and addresses of all experts whom this defendant purposes to call as witnesses in this case, specifying which of such experts has made a written report or reports to this defendant. If any such experts have made a written report or reports to this defendant, either attach to the answers to these interrogatories a full and complete copy of each such report or send such copy thereof to the attorney for the plaintiff. ANSWER: No determination has been made as to which Expert(s) will be called by the Defendant at trial. Upon such determination, this response will be supplemented in a timely matter prior to trial. 8. Were any investigation or other reports prepared, compiled, submitted or made by or in behalf of this defendant in the regular course of business as a result of the incident in which the plaintiff claims to have sustained injuries? If the answer to this interrogatory is in the affirmative: (a) State when, where and the names and addresses of each person who prepared, compiled, submitted or made each such report; and (b) Innumerate and identify each report by date, subject matter and the person, company or corporation to which each report is addressed or directed. ANSWER: Yes. Defendant's investigation through counsel, Karen S. Coates, Esquire is continuing. In addition, the incident was initially investigated by Daryl L. Hummelbaugh on behalf of Defendant's carrier in November, 1999. One report was drafted dated December 11, 1999. 9. State, to the best knowledge and information of the defendant, the names and addresses of all persons or corporations, who, on or about September 3, 1999, owned or had any interest in or any right to possession of the property located at 34 1/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. ANSWER: Ralph Peiper,151 Clemson Drive, Carlisle, PA 17013, owner. 10. With respect to each person or corporation whose name is furnished in response to interrogatory number 9, state, concisely, the nature and extent of the ownership interest in or right to possession of each in the said property on said date. ANSWER: Premises owned by Defendant in its entirety. 11. State the names and addresses of all persons having personal knowledge of the facts set forth in interrogatory 10. ANSWER: Deed is recorded and is a matter of public record. 12, Does this defendant contend that the railing and balusters attached thereto, referred to in the complaint was free of any defect in construction or state of repair which caused or contributed to cause the incident in which the plaintiff is claimed to have sustained injuries? If the answer to this interrogatory is in the affirmative; (a) State the facts upon which this defendant basis his claim that the railing and blusters attached thereto was free of any such defect; and (b) State the names and addresses of all persons having personal knowledge of the facts set forth in the answer to subparagraph (a) of this interrogatory. ANSWER: (a) Yes. Defendant's investigation is ongoing. By way of further response it is the Plaintiffs burden to prove that the railing was defective and that the alleged defect caused the incident. Defendant has no burden in this instance, although Defendant maintains that the railing and balusters were not deective. (b) John Blose, Doreen Peiper. Dorian Sims, now incarcerated; Lisa Mathias, Melinda Wilson, tenants at 34 1/2-North Hanover Street, Carlisle, PA. 17013. 13. With respect to the railing and balusters attached thereto referred to in the complaint; (a) State the name and address of each person, company or corporation which had constructed the railing and balusters attached thereto, and all of the dates on which such Construction had been performed: (b) State fully and in detail in which the said railing and balusters attached thereto were constructed, including, but not limited to, the length, width, thickness and weight of each of the units which comprised the railing and balusters attached thereto; and (c) State the names and addresses of all persons known to this defendant who at or prior to September 3, 1999 were responsible for the maintenance of the railings and balusters referred to in the complaint. AN W .R: The railing was there when the building was purchased. The railing was painted for the second time since the building was purchased in 1991, one week prior to Plaintiffs alleged accident. 14. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair prior to the time the plaintiff is claimed to have sustained his injuries, and the date on which such inspections were performed. ANSWER: Railing was painted one week prior to Plaintiffs alleged accident by Defendant, Ralph Peiper. 15. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair after the time the plaintiff has claimed to have sustained his injuries, and the date on which such inspection was performed. ANSWER: Railing was inspected by Defendant's insurance carrier on November 11, 1999. 16. Prior to September 3, 1999, was any complaint or communication made to this defendant regarding any defect in the construction or state of repair of the railing and baluster referred to in the complaint? If the answer to this interrogatory is in the affirmative: (a) State the name and address of each person who made such complaint initiated such communication; (b) State the nature and substance of each such complaint or communication: and (c) State when, where and to whom each such complaint or communication was made. ANSWER: No. 17. State concisely all facts and information known to this defendant relating to the cause of the incident in which the plaintiff claims to have sustained his injuries, including, but not limited to, the reason why the railing and balusters collapsed. ANSWER: See Defendant's Answer New Matter. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. By way of further response it is the Plaintiffs burden to establish how he sustained his injuries and why the railing allegedly L°collapsed." 18. State the names and addresses of all persons having personal knowledge of the fact and information set forth in answer to interrogatory 17. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 19. State concisely the manner in which this defendant says the incident referred to in the complaint occurred. ANSWER: Defendant was not present at the time of the alleged incident. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 20. Does or will this defendant contend that any person, persons or corporation, not named as a party to this action, was negligent in any such manner as to cause or contribute to the incident referred to in the complaint or to the injuries and losses claimed to have been sustained by the plaintiff? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis its claim; and (b) The names and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 21. Does or will this defendant contend that the plaintiff was negligent in any such manner as to contribute to or cause the incident referred to in the complaint or to the damages which plaintiff sustained? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis his claim; and (b) The name and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 22. Does or will this defendant claim that any of the injuries or disabilities of the plaintiff are due to any prior or subsequent injury, bodily infirmity or disease? If the answer to this interrogatory is in the affirmative, state; (a) The facts upon which this defendant basis his claim; and (b) The names and addresses of all persons having personal knowledge of facts or information set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserve the right to supplement this response in a timely manner prior to trial. 23. Has this defendant, or any other person at his request, made or taken any photograph, picture or motion picture of the balcony and baluster referred to in the complaint or the scene or location of the incident? If the answer to this interrogatory is in the affirmative, provide a description of such real evidence. ANSWER: Yes. See copies of photographs attached. -?` 24. State the names and addresses of all persons not here at the fore mentioned having personal knowledge of facts material to this case. ANSWER: See Response to Interrogatory 2 above. Respectfully submitted, LLP S. for Defendant :91529.1 16 I, Ralph Peiper, Defendant in this action, do hereby verify that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information 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. Ralph Peiper Date: , 2000 5 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 AND NOW, this 11TH day of October, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: October 11, 2000 Legal Assistant I Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED 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. & HAFER LLP Date: January 6, 2000 Y: KAREN S. COATES, QUIRE Attorney for Defendant Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: January 6, 2000 Legal Assistant AND NOW, this 6th day of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law 'IT lh C_ OMMONWFALTH OF PENNSYLVANIA Co H I-Y OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PROD 1CF DOCUMENTS OR THINGS FOR n,rcrnVERY Pt IRSU8NT TO RULE 4009.22 TO: Custodian of Records, Carlisle Goodwill Fire Rescue EMS, 102 W. Ridge Street, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may deliver or mail legible copies of ft 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 Prothonotary/Clerk, Civil Division NAME: Karen S Coates Esquire ADDRESS 305 N Front Street POB 9 Deputy Harrisburg PA 17108__.__ TELEPHONE: (717)237-7121 SUPREME COURT ID No: 52654 ATTORNEY FOR: Defendants - DATE: 1/07/00 Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records,Carlisle Hospital, 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 prothonotary/Clerk, Civil Division NAME: Karen S Coates Esquire ADDRESS 305 N Front Street POB 999 Harrisburg PA 17108 TELEPHONE: (717) 2 37-7121 SUPREME COURT ID No: 52654 ATTORNEY FOR: Defendants Deputy DATE: 1/7/00 Seal of the Court it,J C41 cn C) - 5 2 LE 2: LU t"-` - -? E13 CL L'i (J C=0 Z) (:) U r W m p Ir o b ? ? m a .0 m rc o N ` ) K ?o o a ? A V Z• < N = 0 _ ?. _._ Karen S. Coates, Esquire Attorney I. D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED Enter the appearance of Karen S. Coates, Esquire and the law firm of Thomas, Thomas & Hafer, LLP as attorneys for Defendant Ralph Peiper in the above captioned matter. Date: January 5, 2000 Attorneys for Defendant Attorney I. D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 .. .. ...:.u .a _. d liSmi: ! i ?. :. a .1 {'J M,, 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: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Dat :82146.1 s C'3 C) y Zg' .r+ CD x C.) 7 sv cn Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, CIVIL ACTION - LAW NO. 99-7639 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Ralph Peiper certifies that: (1) 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 subpoenas, is attached to this certificate. (3) Paul Orr, Attorney for Plaintiff, has waived the 20-day rule, and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Date: January 11, 2000 THOMAS, THOMAS & HAFER LLP Attorney for Defendant r Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: January 11, 2000 United States Mail, first class, postage Barbara A. Onorato Legal Assistant AND NOW, this 11TH day of January, 2000, I, BARBARA A. ONORATO, a Legal Assistant at e .?.. ... ..,.. ? f i, .x. 3.;a?'x ... ii F.S4 .?s`fstt"??fMO Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMM C-} C>PLAS, CUMBERLAND CTY., PEN N LVA001A CIVIL ACTION - LAW "; NO. 99-7639 JURY TRIAL DEMANDED tp r NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. & HAFER LLP Date: January 6, 2000 r KAREN S. COATES, QUIRE Attorney for Defendant Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: January 6, 2000 Barbara A. Onorato Legal Assistant COMMONWEALTH OF P NN Y VANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PROD CE DOCUMENTS OR THING'S FOR DISCOVERY PURSUANT TO RULE 4009 22 TO: Custodian of (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) You may liver comp ance,eto the partylmaking this'rrequestt at the address listedabove- You have the right to seek. in advance, the treasonabe 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 305 N Front Street POB 99 Harrisburg PA 17108 TELEPHONE: (717) 2 37-7121 SUPREME COURT ID No: 52654 ATTORNEY FOR: Defendants Carlisle Goodwill Fire Rescue EMS 102 W. Ridge Street. Carliqlp PA 1701o Prodrorgtary/Clerk, Civil Division Deputy DATE: 1/07/00 Seal of the Court COMMONWEALTH OF PENNSYLVANIA OF CUMBERLAND tq GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. RALPH PEIPER, Defendant NO. 99-7639 JURY TRIAL DEMANDED UBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR D15COVERY PURSUANT OR t TO R_I_II F_ 4009.22 TO: Custodian of Records,Carlisle Hospital, 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name of Person; Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front StreeE POB 999, Harrisburg, PA 17108 (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 preparing the copies or producing the things sought to seek, in advance, the reasonable cost of . If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party may seek a court order compelling you to compty with it serving this subpoena THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Karen S Coates Esquire Prothonotary/Clerk, Civil Division ADDRESS305 N Front Street P B 999 Harrisburg PA 17108 TELEPHONE: (717)21 SUPREME COURT ID No. _ 526?4 ATTORNEY FOR: Defendants Deputy DATE: 1/7/00 Seal of the Court e ' CV u31 N J 4 fi`r' iw o° W 0 C O ? 0 m a T o x m ¢ w ? rc m .?y o a a .. z m N < O = m s Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CTY., PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-7639 RALPH PEIPER, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara A. Onorato, A Legal Assistant at the Law Firm of Thomas, Thomas & Hafer, LLP do hereby certify that on this day I served a true and correct copy of the foregoing REQUEST FOR PRODUCTION OF DOCUMENTS by first class mail, postage pre-paid, addressed to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP J- Barbara A. Onorato, Paralegal Date: January 10, 2000 -5- a T .c LU ZE: CV) c) c t C-j ?. : 6o .. lla f = -'3 .ocL L f- 0 o O J CJ Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Barbara A. Onorato, a Legal Assistant at the Law Firm of Thomas, Thomas & Hafer, LLP do hereby certify that on this day I served a true and correct copy of the foregoing Interrogatories by first class mail, postage prepaid, addressed to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER LLP &Vzj'?Iz Barbara A. Onorato, Paralegal Date: January 10, 2000 ty t- us? C-3 :. - .cT. fo (1 C:o r-b F w w m p Ir O r ? m r m < 0 Z m a o rc o M ti O a R Z < N = 0 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff George P. Johnson, III 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. Date: January 21, 2000 Attorneys for Defendant Ralph Peiper Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes Defendant Ralph Peiper, by and through is attorneys, Thomas, Thomas & Hafer, LLP and files the following Answer to Plaintiffs Complaint: 1. Denied. 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. 2. Admitted. 3. Admitted. 4. Denied. The averments of Paragraph 4 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Plaintiff was an "invitee" of the tenant occupying the Defendant's premises and proof is demanded. Furthermore, with respect to the allegations concerning the date and time Plaintiff was allegedly on Defendant's premises, the allegations are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. ? ... .?., „. r his, a,r. .: iii, ? ? ?. 5. Denied. The averments of Paragraph 5 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Plaintiff fell due to the railing of the balcony becoming detached from its anchor point and proof is demanded. With respect to the averments of Paragraph 5, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 6. Denied. The averments of Paragraph 6, including subparagraphs (a)-(e) constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant, through his "agents, servants, workmen or employees, acting in the scope of their authority," was negligent in any manner whatsoever. Furthermore, it is specifically denied that Defendant: (a) Failed to properly maintain the railing on the premises, and proof is demanded; (b) Allowed the railing to remain in a dangerous and unsafe condition after notice or opportunity for notice, and proof is demanded; (c) Failed to properly inspect the railing on the premises and proof is demanded; (d) Failed to warn of a dangerous condition, and proof is demanded; and (e) Failed to use reasonable prudence in the care and maintenance of the railing on the premises, and proof is demanded. 7. Denied. The averments of Paragraph 7 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever and proof is demanded. With respect to the injuries allegedly sustained by the Plaintiff, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 2 C, a• 8. Denied. The averments of Paragraph 8 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever. With respect to Plaintiffs allegations regarding the expenditure of sums of money for medicines and medical treatment, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 9. Denied. The averments of Paragraph 9 constitute legal conclusions to which no response is required. By way of further answer, it is specifically denied that Defendant was negligent in any manner whatsoever. Furthermore, with respect to the averment that Plaintiff has undergone great physical pain and mental anguish as a result of the accident, and will continue to endure same for an indefinite time in the future to his great detriment and loss, 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. WHEREFORE, Defendant Ralph Peiper requests that this Honorable Court enter judgment in his favor and against Plaintiff George P. Johnson, III. NEW MATTER 1o. Paragraphs 1-9 of Defendant's Answer to Plaintiffs Complaint are incorporated herein by reference as if fully set forth at length. 11. Plaintiff has failed to state a cause of action upon which relief can be granted. 12. Defendant Ralph Peiper was not negligent and/or careless in any manner whatsoever. 3 ?1 UYIffiL?£S?Y%BitlA?lll 111 IIAI I'If11111AI1111 A11111111A1AIl 13. At the time of the incident, there was no dangerous condition existing on the premises owned by the Defendant. 14. Any acts or omissions on the part of Defendant were not substantial causes or factors of the subject incident and/or did not result in the losses alleged by the Plaintiff. 15. The negligent acts or omissions of other individuals and/or entities constitute intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 16. Plaintiffs cause of action is barred by the contributory negligence of the Plaintiff. 17. Plaintiffs claims are limited or otherwise barred by Pennsylvania's Comparative Negligence Act, 42 Pa. C.S. §7102. 18. Defendant believes and therefore avers that Plaintiff was intoxicated at the time of the incident and that such intoxication was an intervening/superseding cause of any and all injuries allegedly sustained by the Plaintiff. 19. At the time of the incident, Defendant was a landlord out of possession. 20. At the time of the incident, Defendant owed no duty to the Plaintiff. 21. At the time of the incident, Plaintiff was a trespasser. 22. At the time of the incident, Plaintiff was a licensee. 23. Plaintiff assumed the risk. Date: January 21, 2000 Attorney I.D. # 52654 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper 4 ?nru,ii?or?T?m'r?'?n• VERIFICATION I, Ralph Peiper, Defendant in this action, do hereby verify that the statements made in the foregoing Answer to Plaintiffs Complaint with New Matter are true and correct to the best of my knowledge, information 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. Ralph Peiper Date: January/ti, 2000 6 lil3lr?ti ?"rS'Y?r.'Si 9"'° 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: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: 2000 :82153.1 6 l i 71 L? tV ;`-; {'ct r -mac lik? at? SHERIFF'S RETURN - REGULAR CASE NO: 1999-07639 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON GEORGE P III VS PEIPER RALPH BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon PEIPER RALPH DEFENDANT the at 0014:28 HOURS, on the 29th day of December , 1999 at 161 CLEMSON ROAD CARLISLE, PA 17013 "rT nTS =T n=:) by handing to a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 .00 29.10 Sworn and Subscribed to before me this 3/a t day of )14.10?? I /Prothonotary So Answers: R. Thomas Kline 01/03/2000 PAUL BRADFORD ORR By: " 0, A-Z?4- Deputy Sheriff GEORGE P. JOHNSON, III, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99- 7639 CIVIL TERM PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes Plaintiff, George P. Johnson, III, by and through his attorneys, The Law Offices of Paul Bradford Orr and files the following Answer to Defendant's New Matter: 10. Paragraphs 1-10 of Defendant's New Matter do not require a response as they are merely denials of the averments in the Plaintiff s Complaint. 11. Denied. To the contrary, the Plaintiff has stated a negligence cause of action. 12. Denied. The averments of paragraph 12 constitute legal conclusions to which no response is require. In addition, they are merely denials of the averments in the Plaintiff s Complaint. 13. Denied. The averments of paragraph 13 constitute legal conclusions to which no response is required. In addition, they are merely denials of the averments on the Plaintiffs Complaint. 14. Denied. The averments of paragraph 14 constitute legal conclusions to which no response is required. 15. Denied. The averments of paragraph 15 constitute legal conclusions to which no response is required. 16. Denied. The averments of paragraph 16 constitute legal conclusions to which no response is required. By way of further answer, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 17. Denied. The averments of paragraph 17 constitute legal conclusions to which no response is required. By way of further answer, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 18. Denied. The averments of paragraph 18 constitute legal conclusions to which no response is required. By way of further answer, the Plaintiff specifically denies he was intoxicated at the time of his fall from Defendant's balcony. 19. Denied. The averments of paragraph 19 constitute legal conclusions to which no response is required. By way of further answer, the averments are specifically denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof is demanded. 20. Denied. The averments of paragraph 20 constitute legal conclusions to which no response is required. 21. Denied. The averments of paragraph 21 constitute legal conclusions to which no response is required. 22. Denied. The averments of paragraph 22 constitute legal conclusions to which no response is required. 23. Denied. The averments of paragraph 23 constitute legal conclusions to which no response is required. THE LAW OFFICES OF PAUL BRADFORD ORR I co Dated: I? U&o m L , Gregory tier, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 Attorney ID# 73471 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. §4904, relating to unsworn falsification to authorities. DATE: George P. son, laintiff ?. GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, : Defendant :NO. 99- 7639 CIVIL TERM CERTIFICATE OF SERVICE I, Gregory L. Cutler, do hereby certify that on this day I served a true and correct copy of the foregoing ANSWER TO NEW MATTER by first class mail, postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 Dated: 2 (?? ` • ??'?""' f Gregory tier, Esquire c7 c ? .. R'I L? L; C Al o i -l i Tl Qj _ r- r?`T CD ,J L7 CT -t Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas s Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Ralph Peiper certifies that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each parry at least twenty days prior to the date on which the subpoenas is sought to be served. (2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate. (3) No objections have been received by Paul Orr, Attorney for Plaintiff, and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. Date: March 21, 2000 THOMAS, THOMAS & HAFER LLP REN S. COATES Attorney for Defendant THOMAS, THOMAS & HAFER, LLP ATTORNEYS AT LAW JOSEPH P. HAFER JAMES K. THOMAS. 11 ROBERTSON B. TAYLOR JEFFREY B. RETTIG PETER J. CURRY R. BURKE McLEMORE. JR. EDWARD H. JORDAN. IR. C. KENT PRICE RANDALL G. GALE DAVID L. SCHWALM PETER J. SPEAKER DOUGLAS B. MARCELLO PAUL I. DELLASEGA OF COUNSEL JAMES K. THOMAS C U;2T C"'), Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, Pa 17013 DANIEL I. GALLAGHER ROBERT A. TAYLOR 305 NORTH FRONT STREET SARAH W. AROSELL EUGENE N. McHUGH SIXTH FLOOR STEPHEN E. GEDULDIG KAREN S. COATES P.O. BOX 999 GARY T. LATHROP PA 17108 HARRISBURG TODD N , DODDDD-0 JAMES ) 1 . (717) 237-7100 KENNETH A. RAPP KEVIN C. McNAMARA FAX (717) 237-7105 BROOKS R. FOLAND JOHNFLOUNLACKER WRITER'S DIRECT DIAL NUMBER JOHN M. POPILOCK MICHELE J. THORP DRUMMOND B. TAYLOR 717-237-7121 February 27, 2000 RE: George P. Johnson, III v. Ralph Peiper NO. 99-7639 Dear Mr. Orr: Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced matter. sas AFER LEHIGH VALLEY OFFICE: 12 E. MARKET STREET, P.O. BOX 1172, BETHLEHEM, PA 18016 (610) 868-1675 FAX (610) 868-1702 Very truly yours, GEORGE P. JOHNSON, 111 Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-7639 JURY TRIAL DEMANDED TO: Counsel and Parties of Record Defendant intends to serve a subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. AREN S.-eOATES, ESQUIRE- 305 NORTH FRONT STREET - 6TH FLOOR HARRISBURG, PA 17108 (717) 237-7121 ATTORNEY FOR DEFENDANT Date: February 27, 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, V. Ralph Peiper, File No. 99-7639 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Advanced Life Support Services (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ?_1-Qace provide any and all records regarding George P Johnson (DOB: 7/26/53) and (SS# 206-42-5900), incident date r )f 3 1999 at Themas, Themas&Harerr, LLP, P-9 $em 999, s39vrg?-?-r?-r (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 G C'natac.p Esquire Address: P_O_ Box 999 Harri Gb irq, Pa 1 71 Ofi Telephone:237-7121 Supreme Court ID n 52654 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 o: Carlisle Communit mbulance (Name of Person or Entity) /ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following :ocuments or things: P1easp provide any and all records regarding George P. 7ohnson (DOB: 7/26/53) and (ssn 206-42-5900), incident date of September 3 1999. T h t. L BOX / ffaxrisburg' 7 ' ' ' (Address) )u may deliver or mail legible copies of the documents or produce things requested by this subpoena, together th the certificate of compliance, to the party making this request at the address listed above.You have the right seek in advance the reasonable cost of preparing the copies or producing the things sought. you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, party serving this subpoena may seek a court order compelling you to comply with it. i I S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ?me Karon s CnatPC F=IirP - (dress: p C) Pox g9g Harri crg Pa 17108 lephone: 2 3 7- 71 1 - :preme Court ID 4 52654 orney For: DP f ends n t- BY THE COURT: Prothonotary/Clerk, Civil Division te: Seal of the Court Deputy (Eff. 7/°7) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 O:- -lisle -fmag-img Assn ation (Name of Person or Entity) /ithin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following 'ocuments or things: P1eaGP provide any and all records regarding George P. 7obosna (DOB- 7/26153) and (SSf 206-42-5900), incident riatP of Seotember 3 1999_ (Address) to may deliver or mail legible.copies of the documents or produce things requested by this subpoena, together th the certificate of compliance, to the party making this request at the address listed above.You have the right seek in advance the reasonable cost of preparing the copies or producing the things sought. /ou fail to produce the documents or things required by this subpoena within twenty (20) days after its service, party serving this subpoena may seek a court order compelling you to comply with it. iIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ime Karan S C•natps?FSr,iiira (dress: i2=n- Pox 999 Harri shurg, Pa 17108 lephone: 237-7121 :preme Court ID 52654 orney For: DP`andant- BY THE COURT: Prothonotary/Clerk, Civil Division te: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all records regarding George P. Johnson, III nr1R 7/26/53 and SS# 206 42 5900 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 Karen S rnatac, Fsrlnire Address: P O Rox 999 Harri-hurQ Pa 17109 Telephone: 2 3 7 71 21 Supreme Court ID TM 52654 Attorney For: nP nrlant - BY THE COURT: Prothonotary/Clerk, Civil Division Date Seal of the Court Deputy (Fff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: George P. Johnson, III at t (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 Karan 4 r'natac.F-sq,nire Address: P.0- Box 999 Harri ?h irg- Pa 1 71 0A Telephone: 237-71 21 Supreme Court ID n 52654 Attorney For: Dafendant- BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND George P. Johnson, III, v. Ralph Peiper, File No. 99-7639 SUBPOENATO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all LeL;ujd's j-vg-dTt11Mg rge o nson, III, i e an payro at , , Pe 17188 (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 q rnAfeC, Fcniiire Address: P _ n _ RnX q q q Telephone: 237-7121 Supreme Court ID 52654 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy (Eff. 7/97) Karen S. Coates, Esquire Attorney 1. D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIV1L ACTION - LAW NO. 99-7639 AND NOW, this 27th day of February, 2000, I, Sheila A. Sprague, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: February 27, 2000 eila A. Sprague ' Legal Assistant Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 AND NOW, this 21stday of March , 2000, I, SHEILA A. SPRAGUE, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: March 21, 2000 Q Sh ' a A. Sprague Legal Assistant c Ri "C7 U xm -r , mm N CD ' E C..! C r _.J 7 i . .7 ._ - . 1 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant Peiper certifies that: (1) 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 subpoenas, is attached to this certificate. (3) Paul Orr, Attorney for Plaintiff, has waived the 20-day rule, and (4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Date: January 6, 2000 V. CIVIL ACTION - LAW NO. 99-7639 THOMAS, THOMAS & HAFER LLP S ^ Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA AND NOW, this 6th day of January, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: January 6, 2000 f "Barbara A. Onorato Legal Assistant V. CIVIL ACTION - LAW NO. 99-7639 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Ralph Peiper intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena will be served. & HAFER LLP Date: January 6, 2000 y: KAREN S. COATES, QUIRE Attorney for Defendant Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 6th day of January, 2000 I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid: Paul Bradford Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Barbara A. Onorato Date: January 6, 2000 Legal Assistant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Goodwill Fire Rescue EMS, 102 W. Ridge Street, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 parry 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: Prothonotary/Clerk, Civil Division NAME. Karen S. Coates. Esquire ADDRESS 305 N Front Street POB 999 Deputy Harrisburg. PA 17108 TELEPHONE: (717) 237-7121 SUPREME COURT ID No: 52654 ATTORNEY FOR: Defendants DATE: 1/07/00 Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEORGE P. JOHNSON, III, Plaintiff CIVIL ACTION - LAW V. NO. 99-7639 RALPH PEIPER, Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Hospital, 245 Parker Street, PO Box 310, Carlisle PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical reports, treatment notes, test results, correspondence, etc. for treatment rendered on behalf of George P. Johnson, III, at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (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 305 N. Front Street. POB Harrisburg. PA 17108 TELEPHONE: 717 237-7121_ SUPREME COURT ID No: 526 ATTORNEY FOR: Defendants Prothonotary/Clerk, Civil Division Deputy DATE: 1/7/00 Seal of the Court i c r ?? (y1 a y. U ? rc o m m '= g w z m a o m ?® = m ¢ o a z l 1 0 O N _y Z ? 05 hYl N x m 8 4 r a. Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas a Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED RESPONSE OF DEFENDANT RALPH PEIPER TO PLAINTIFF'S RULE TO SHOW CAUSE AND NOW, comes Defendant Ralph Peiper, by his attorneys, Thomas, Thomas & Hafer, LLP, and files the within Response to Plaintiffs Motion for an Order Compelling Defendant to Answer Plaintiffs Interrogatories: 1. Admitted. 2. Admitted. 3. Admitted with clarification. In addition to serving Interrogatories upon the Plaintiff, Defendant also served a Request for Production of Documents. 4. Admitted. 5. Admitted. 6. Denied. Plaintiff provided answers to Defendant's Interrogatories by cover letter dated February 17, 2000. 7-19. Admitted. Exhibit A ;Hod%ot ®031?/?3N S31&3G oooos Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hater, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff IN THE COURT OF CONLNION PLEAS CUMBERLAND CTY., PENNSYLVANIA V. RALPH PEIPER, Defendant CIVIL ACTION - LAW NO. 99-7639 JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES FIRST SET Comes now defendant, Ralph Peiper, by and through his attorneys, Karen S. Coates and Thomas, Thomas & Hafer LLP, and respectfully represents: 1. State: (a) Your full name; (b) The address of your present residence and the address of each other residence which you have had during the past five years; (c) Date of birth; (d) Social Security Number; (e) . The schools you have attended and the degrees or certificates awarded, if any. ANSN`ER: (a) Ralph Christian Peiper (b) 161 Clemson Drive, Carlisle, PA 17013 (c) 9/27/60 (d) 213-784222 (e) High School graduate, Licensed Insurance Agent, Blackbelt in Karate. 2. What are the names and addresses of all persons and eyewitnesses who saw all or any part of the incident referred to in the complaint in which the plaintiff claims to have sustained injuries, so far as such persons are known to the defendant. ANSWER: Dorian Sims, Cumberland County Prison, Carlisle, PA 17013; Lisa Mathias, 34 1/2 North Hanover, Aprt. 3, Carlisle, PA 17013. 3. In addition to any persons whose names may be furnished in response to the foregoing interrogatories, what are the names and addresses of all persons who: (a) Were at or ndar the scene or the incident when it occurred; and (b) Arrived at the scene thereof after it occurred. ANSWER: See Police Accident Report. 4. With respect to those persons whose names are furnished in response to interrogatories 2 and 3: (a) State which of such persons were or are agents, servants or employees of the defendant and state the duties of such persons in his or her employment, and the names and addresses of each of such other persons or corporation. ANSWER: None. They are tenants in the Defendant's building. 5. Have any persons made or given to this defendant, or to any persons acting for him or in his behalf, any statement or report which has been reduced to writing concerning the incident in which the plaintiff is claimed to have sustained injuries, or concerning any fact or information relevant to such injuries or to any issue in this case? (a) If the answer to this interrogatory is in the affirmative, state the name of each person who made or gave each such statement or report, the date of each thereof, and the name and address of the person who has custody or possession of each or a copy thereof. ANSWER: No written statements. 6. Did the plaintiff make or give to this defendant, or to any person acting for him or in his behalf, any statements, written, reduced to writing or otherwise recorded concerning the incident in which the plaintiff is claimed to sustained injuries, or concerning any fact or information in connection with any injuries or damages claimed to have resulted therefrom or concerning any issue in this case? If the answer to this interrogatory is in the affirmative: (a) State when, where and the name and address of the person to whom the plaintiff made or gave each such statement; and (b) If any such statement is signed by the plaintiff, either attach a full and complete copy of all such signed statements to the answers to these interrogatories or send as copy thereof to the attorney for the plaintiff. ANSWER: No. 7. State the names and addresses of all experts whom this defendant purposes to call as witnesses in this case, specifying which of such experts has made a written report or reports to this defendant. If any such experts have made a written report or reports to this defendant, either attach to the answers to these interrogatories a full and complete copy of each such report or send such copy thereof to the attorney for the plaintiff. ANSWER: No determination has been made as to which Expert(s) will be called by the Defendant at trial. Upon such determination, this response will be supplemented in a timely matter prior to trial. S. Were any investigation or other reports prepared, compiled, submitted or made by or in behalf of this defendant in the regular course of business as a result of the incident in which the plaintiff claims to have sustained injuries? If the answer to this interrogatory is in the affirmative: (a) State when, where and the names and addresses of each person who prepared, compiled, submitted or made each such report; and (b) Innumerate and identify each report by date, subject matter and the person, company or corporation to which each report is addressed or directed. ANSWER: Yes. Defendant's investigation through counsel, Karen S. Coates, Esquire is continuing. In addition, the incident was initially investigated by Daryl L. Hummelbaugh on behalf of Defendant's carver in November, 1999. One report was drafted dated December 11, 1999. 9. State, to the best knowledge and information of the defendant, the names and addresses of all persons or corporations, who, on or about September 3, 1999, owned or had any interest in or any right to possession of the property located at 34 1/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. ANSWER: Ralph Peiper, 151 Clemson Drive, Carlisle, PA 17013, owner. 10. With respect to each person or corporation whose name is furnished in response to interrogatory number 9, state, concisely, the nature and extent of the ownership interest in or right to possession of each in the said property on said date. AN. S«'ER: Premises owned by Defendant in its entirety. 11. State the names and addresses of all persons having personal knowledge of the facts set forth in interrogatory 10. ANSNVER: Deed is recorded and is a matter of public record. 12. Does this defendant contend that the railing and balusters attached thereto, referred to in the complaint was free of any defect in construction or state of repair which caused or contributed to cause the incident in which the plaintiff is claimed to have sustained injuries? If the answer to this interrogatory is in the affirmative; (a) State the facts upon which this defendant basis his claim that the railing and blusters attached thereto was free of any such defect; and (b) State the names and addresses of all persons having personal knowledge of the facts set forth in the answer to subparagraph (a) of this interrogatory. ANSWER: (a) Yes. Defendant's investigation is ongoing. By way of further response it is the Plaintiff's burden to prove that the railing was defective and that the alleged defect caused the irkident. Defendant has no burden in this instance, although Defendant maintains that the railing and balusters were not deective. (b) John Blose, Doreen Peiper. Dorian Sims, now incarcerated; Lisa Mathias, Melinda Wilson, tenants at 34 1/2 North Hanover Street, Carlisle, PA. 17013. 13. With respect to the railing and balusters attached thereto referred to in the complaint; (a) State the name and address of each person, company or corporation which had constructed the railing and balusters attached thereto, and all of the dates on which such Construction had been performed: (b) State fully and in detail in which the said railing and balusters attached thereto were constructed, including, but not limited to, the length, width, thickness and weight of each of the units which comprised the railing and balusters attached thereto; and (c) State the names and addresses of all persons known to this defendant who at or prior to September 3, 1999 were responsible for the maintenance of the railings and balusters referred to in the complaint. ANSWER: The railing was there when the building was purchased. The railing was painted for the second time since the building was purchased in 1991, one week prior to Plaintiff's alleged accident. 14. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair prior to the time the plaintiff is claimed to have sustained his injuries, and the date on which such inspections were performed. ANSWER: Railing was painted one week prior to Plaintiffs alleged accident by Defendant, Ralph Peiper. 15. State the names and addresses of the persons who inspected the railings and balusters attached thereto for defects in construction or state of repair after the time the plaintiff has claimed to have sustained his injuries, and the date on which such inspection was performed. ANSWER: Railing was inspected by Defendant's insurance carrier on November 11, 1999. 16. Prior to September 3, 1999, was any complaint or communication made to this defendant regarding any defect in the construction or state of repair of the railing and baluster referred to in the complaint? If the answer to this interrogatory is in the affirmative: (a) State the name and address of each person who made such complaint or initiated such communication; (b) State the nature and substance of each such complaint or communication: and (c) State when, where and to whom each such complaint or communication was made. ANSWER: No. 17. State concisely all facts and information known to this defendant relating to the cause of the incident in which the plaintiff claims to have sustained his injuries, including, but not limited to, the reason why the railing and balusters collapsed. ANSWER: See Defendant's Answer New Matter. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. By way of further response it is the Plaintiffs burden to establish how he sustained his injuries and why the railing allegedly "collapsed." 18. State the names and addresses of all persons having personal knowledge of the fact and information set forth in answer to interrogatory 17. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 19. State concisely the manner in which this defendant says the incident referred to in the complaint occurred. ANSWER. Defendant was not present at the time of the alleged incident. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response m a timely manner prior to trial. 20. Does or will this defendant contend that any person, persons or corporation, not named as a party to this action, was negligent in any such manner as to cause or contribute to the incident referred to in the complaint or to the injuries and losses claimed to have been sustained by the plaintiff? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis its claim; and (b) The names and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. v ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 21. Does or will this defendant contend that the plaintiff was negligent in any such manner as to contribute to or cause the incident referred to in the complaint or to the damages which plaintiff sustained? If the answer to this interrogatory is in the affirmative, state: (a) The facts upon which this defendant basis his claim; and (b) The name and addresses of all persons having personal knowledge of facts set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 22. Does or will this defendant claim that any of the injuries or disabilities of the plaintiff are due to any prior or subsequent injury, bodily infirmity or disease? If the answer to this interrogatory is in the affirmative, state; (a) The facts upon which this defendant basis his claim; and (b) The names and addresses of all persons having personal knowledge of facts or information set forth in answer to sub-paragraph (a) of this interrogatory. ANSWER: Defendant's investigation is continuing and as such, Defendant reserve the right to supplement this response in a timely manner prior to trial. 23. Has this defendant, or any other person at his request, made or taken any photograph, picture or motion picture of the balcony and baluster referred to in the complaint or the scene or location of the incident? If the answer to this interrogatory is in the affirmative, provide a description of such real evidence. ANSWER: Yes. See copies of photographs attached. 24. State the names and addresses of all persons not here at the fore mentioned having personal knowledge of facts material to this case. ANSWER: See Response to Interrogatory 2 above. Respectfully submitted, THOIv O? SIAFER LLP B a S. Coates, Esquire ttomev for Defendant :91529.1 VERIFICATION I, Ralph Peiper, Defendant in this action, do hereby verify that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom fa!sification to authorities. Ralph Peiper Date: , 2000 5 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 CERTIFICATE OF SERVICE AND NOW, this 11TH day of October, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Aft ALL 64494? Barbara A. Onorato Date: October 11, 2000 Legal Assistant 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: Gregory L. Cutler, Esquire 50 East High Street Carlisle, PA 17013 LLP S. Coates, Esquire Date: November 7, 2000 :113005.1 4 ?- C> _. fT = CO W f0 0 f O 1-7 m ^- ~ < tl z m m a O a ® m ~ d N l ) a It a jr 2 O = _ __ <, a P GEORGE P. JOHNSON, III IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RALPH PEIPER, NO. 99-7639 CIVIL TERM Defendant IN RE: MOTION TO COMPEL COMPLIANCE ORDER OF COURT AND NOW, this 9th day of November, 2000, it appearing that the interrogatories in this case have been responded to, albeit belatedly, the petition of the plaintiff to compel discovery is dismissed as moot. The following order is directed, however, with respect to the plaintiffs objections to the answers of the defendant: 1) Counsel for the defendant is directed to verify that no written reports exist of this incident. 2) In response to Interrogatories 9 and 10, the defendant is directed to furnish names and addresses of any persons who were tenants of the subject premises at the time of this incident. 3) The defendant -zhall -1-- Interrogatory 13C. 4) The defendant shall make a specific response to Interrogatory 15. 5) It is understood that the obligation of the defendant to respond to Interrogatory 17 is continuing, and defendant shall disclose to the plaintiff all facts and information known to him relating to the cause of the incident when same become available. h, 99-7639 CIVIL TERM Gregory L. Cutler, Esquire For the Plaintiff Richard K. Laws, Esquire For the Defendant :bg By the Court, Kevin, Hess, J. Q 1 4-?? -A?.L?d.. 11-13-00 Karen S. Coates, Esquire Attorney I.D. # 52654 Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7121 Attorneys for Defendant Ralph Peiper GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7639 correct copy of the foregoing Supplemental Answers to Interrogatories by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Paul Orr, Esquire Law Offices of Paul Bradford Orr 50 East High Street Carlisle, PA 17013 Date: December 29, 2000 Barbara A. Onorato Legal Assistant -,uav Ivuw, this 29th day of December, 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and .. _. ? _., z .,...?....? ? .da ? „xis.mk??i `k' ?Ld.div L4Y?s 1?.8»{??i; Ljj - CD C) W W m 4 F O UI W aD i rn a s , o rc ® m ? o p w o a ¢ q ?y z O I • d A ? I . GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99-7639 CIVIL TERM ORDER OF COURT AND NOW, this A rr'?day of 002, upon consideration of the foregoing T l Petition, 1.44 squire, and Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: /*A*eoftN y,. VNVAIASNN3d kLNnoo c?r?? dvan? 99 :II NV S I' Zo GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99-7639 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Gregory L. Cutler, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $ 25,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Gregory L. Cutler, Esquire and Karen S. Coates, Esquire WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, THE LAW OFFICES OF PAUL BRADFORD ORR Date: //off 34 By: ?-, Gregofy . Cutler, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 Telephone: (717) 258-8558 Supreme Court ID # 73471 GEORGE P. JOHNSON, III, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : Jury Trial Demanded RALPH PEIPER, Defendant :NO. 99- 7639 CIVIL TERM CERTIFICATE OF SERVICE I, Gregory L. Cutler, do hereby certify that on this day I served a true and correct copy of the foregoing Petition for Appointment of Arbirators by first class mail, postage prepaid, addressed to the following: Karen S. Coates, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999 Harrisburg, PA 17108-0999 Dated: - e ry L. Cutler, Esquire P orv n - yJ ? O r C ; __` c. }\ ^ ?jv •r `? , O y S` S 0 '1 GEORGE P. JOHNSON, III, Plaintiff V. RALPH PEIPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jury Trial Demanded NO. 99- 7639 CIVIL TERM PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark the above captioned matter settled and discontinued between the parties. Dated/n'44 2002 LAW OFFICES OF PAUL BRADFORD ORR Gregory . t/-Corer, Esquire Attorney I.D. No. 73471 50 East High Street Carlisle, PA 17013 Counsel for Plaintiff ?_. ; i T t ? --? . - ? a,` .. -- :; t? ?? -a t? 1 .+ ?-% C.. ? ? j i+ ? ? ?t '<