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HomeMy WebLinkAbout03-3788 BLACK AND DAVISON By: Jan G. Sulcove, Esquire Attorney I.D. No.: 09837 By: Elliott B. Sulcove, Esquire Attorney I.D. No.: 84593 82 West Queen Street Chambersburg, P A 17201 (717) 264-5194 Attorneys for Plaintiff ELEANOR R ALLISON, COURT OF COMMON PLEAS OF CUMBERLAND COUNlY Plaintiff, v. CIVIL ACTION ELIAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT P AR1NERSHIP, REIFF DIEHL THRUSH TOTAL LUBE CENlER, d/b/a RDT TOTAL LUBE CENTER, NO. D3, ).;;pp eiCJi.L~~ Defendants. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 claims 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 (717) 249-3166 BLACK AND DAVISON By: Jan G. Sulcove, Esquire Attorney J.D. No.: 09837 By: Elliott B. Sulcove, Esquire Attorney ID. No.: 84593 82 West Queen Street Chambersburg, P A 17201 (717) 264-5194 Attomeys fot Plaintiff ELEANOR R. ALLISON, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, v. CIVIL ACTION ELIAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL THRUSH TOTAL LUBE CENTER d/b/a RDT TOTAL LUBE CENTER NO. 03-67JJP Coi('r~ Defendants. COMPLAINT NOW comes Eleanor R. Allison, plaintiff in the above-captioned matter, and for causes of action against defendants, says: 1. Plaintiff, Eleanor R. Allison, is an adult individual who resided in Franklin County, Pennsylvania at the time of the incident referred to herein, and maintained a post office address at 11098 Hurley Drive, Shippensburg, PA 17257. Plaintiff currently resides at The Shook Home, 55 South Second Street, Chambersburg, P A 17201. 2. Defendant Eliam H. Reiff is an adult individual who resides at 275 Goodhart Road, Shippensburg, Pennsylvania, with a place of business located at 345 King Street, Shippensburg, PA 17257. 1 3. Defendant Jack E. Diehl is an adult individual who resides at 6761 Molly Pitcher Highway North, Shippensburg, Pennsylvania, with a place of business located at 345 King Street, Shippensburg, P A 17257. 4. Defendant Donald E. Thrush is an adult individual who resides at 31 Byers Road, Shippensburg, Pennsylvania, with a place of business located at 345 King Street, Shippensburg, PA 17257. 5. Defendant Lane I. Thrush is an adult individual who resides at 482 Beech Tree Street, Shippensburg, Pennsylvania, with a place of business located at 345 King Street, Shippensburg, PA 17257. 6. Defendant RDT Partnership is a partnership created and existing under the laws of the Commonwealth of Pennsylvania, with a registered address of 31 Byers Road, Shippensburg, P A 17257, with a place of business located at 345 King Street, Shippensburg, PA 17257. 7. Defendants E1iam H. Reiff, Jack E. Diehl, Donald E. Thrush, and Lane I. Thrush are partners doing business as defendant RDT Partnership. 8. Defendant Reiff Diehl Thrush Total Lube Center d/bl a RDT Total Lube Center is a partnership existing under the laws of the Commonwealth of Pennsylvania, with an address of 345 King Street, Shippensburg, PA 17257. 9. Hereinafter defendants E1iam H. Reiff, Jack E. Diehl, Donald E. Thrush, Lane I. Thrush, RDT Partnership, Reiff Diehl Thrush Total Lube Center d/bl a RDT Total Lube Center shall be referred to collectively as "RDT". 2 FACTS 10. On or about November 25, 2002, plaintiff was a business invitee ofRDT at the premises located at 345 King Street, Shippensburg, Pennsylvania (hereinafter the "RDT Facility"). 11. RDT is in the business of, inter alia, providing automotive service in the form of oil changes, lubrication and other light car repair. At all times relevant hereto, the business premises of RDT, including the lubrication pit areas, were open to and used by the general public including Plaintiff. 12. Plaintiff drove to the RDT Facility for the purpose of having her automobile serviced for a fee by the agents, servants, and/or employees of RDT. 13. Plaintiff drove her car to the middle bay of the three bays at the RDT Facility. 14. An employee directed plaintiff to drive her vehicle into the RDT Facility and over the lubrication pit. Plaintiff followed the directions of the RDT employee and pulled over the lubrication pit. 15. Plaintiff exited her vehicle and began to walk toward the rear of her vehicle in order to reach the waiting area, as directed by the agents, employees and/or servants of RDT. Plaintiff intended to wait in the waiting area until her vehicle's service was complete. 16. As plaintiff walked toward the waiting area of the RDT Facility, she was caused to fall into the lubrication pit, sustaining serious injuries. 17. At no time was plaintiff discouraged or forbidden from entering the lubrication pit area; in fact, she was affirmatively directed to drive her vehicle into the lubrication pit area by employees, agents and/or servants of RDT. 3 18. The RDT Facility contained no signs or notifications requiring or recommending that customers remain outside of the lubrication pit area. 19. At all times material hereto, the premises were under the exclusive control management and maintenance of RDT, its agents, servants, workmen, or employees, then and there engaged in RDT's business and acting within the course and scope of their employment or authority. COUNT I-NEGLIGENCE AGAINST ALL DEFENDANTS 20. Plaintiff incorporates by reference the foregoing paragraphs of her complaint in this Count as if set forth fully herein at length. 21. RDT, by itself and by its agents, servants, workmen, or employees acting within the scope of their authority, were negligent, careless, and reckless in: a. permitting Plaintiff to drive her vehicle into the lubrication pit area, exposing her to the danger of falling into the lubrication pit; b. failing to formulate a policy or procedure mandating that only agents, servants, employees, or other authorized persons of RDT are permitted in the lubrication pit area; c. permitting plaintiff, who is unfamiliar with a commercial gange/maintenance facility setting, to enter the lubrication pit area; d. failing to warn Plaintiff of the danger of falling into the lubrication pit; e. failing to warn Plaintiff to remain outside of the lubrication pit area; f. failing to install and to use protective grating over the 1ubricatiort pit; g. failing to install nets to catch plaintiff following her fall into the lubrication pit; 4 h. failing to install railing or guarding around the lubrication pit to prevent plaintiff from falling into the lubrication pit; L failing to maintain a clear path of travel for customers such as plaintiff from the pit area to the waiting area; j. failing to provide an unobstructed view of the lubrication pit; k. failing to training employees, agents andf or servants of RDT regarding customer safety; 1. failing to formulate policies and procedures to ensure that customers stay outside of the lubrication pit area and to ensure customer safety; m. failing to design andf or arrange the RDT Facility in such a way as to prevent plaintiff from falling into the lubrication pit; n. failing to design the RDT facility in such a way as to eliminate the requirement to walk through the lubrication pit area to reach the waiting area; o. failing to comply with state and federal statutes and regulations, including regulations promulgated by OSHA and the Pennsylvania Department of Labor and Industry, regarding safe design of garage, maintenance, and lubrication pit areas; p. failing to comply with industry standards regarding the guarding and covering of lubrication pit areas. 22. Solely as a result of RDT's negligence, carelessness and recklessness, plaintiff sustained serious personal injuries, some or all of which may be permanent in nature and may have aggravated preexisting conditions, including, but not limited to: a. chest wall hematoma; b. acute right-sided third rib double fracture; 5 c. contusion to the right anterior chest with flail segment; d. shock, pain and discomfort to her neck; e. aggravation of preexisting pulmonary disease. 23. As a result ofRDT's negligence, carelessness and recklessness, RDT has increased the risk of harm to plaintiff through further aggravation of preexisting pulmonary disease and respiratory distress. 24. As a result of RDT's negligence, carelessness and recklessness, plaintiff has been obliged, and may in the future be obliged, to expend various sums of money for medical treatment necessitated by the above injuries, to her great detriment and financial loss. 25. As a further result of RDT's negligence, carelessness llnd recklessness, plaintiff has suffered great physical pain, shock, and mental anguish, and will continue to endure the same for an indefinite time in the future, to her great detriment and loss. 26. As a further result of RDT's negligence, carelessness and recklessness, plaintiff is not able to live independendy, and is confined to a nursing home. Prior to the accident, plaintiff lived alone and was fully independent. 27. As a further result of RDT's negligence, carelessness and recklessness, plaintiff has suffered, and will continue to suffer from great stress, anxiety, depression and shock to the nervous system. WHEREFORE, plaintiff demands judgment against defendants joindy and severally in an amount in excess of the compulsory arbitration limits of the Court of Common Pleas of Cumberland County, exclusive of interest and costs. 6 COUNT II-PUNITIVE DAMAGES AGAINST ALL DEFENDANTS 28. Plaintiff incorporates by reference every other paragraph of her complaint in this Count as if set forth herein at length. 29. Following Plaintiff's fall, she was admitted to the Chambersburg Hospital. While at the Chambersburg Hospital, she was visited by two employees of the RDT Facility. 30. One of the employees informed Plaintiff that another individual had fallen into the lubrication pit prior to Plaintiff's accident and that he himself had almost fallen into the lubrication pit. 31. As the hazard was well-known among the agents, servants and employees of RDT, RDT knew or should have known of the nature of the defect of the premises prior to Plaintiff's accident, but did nothing to remediate said defective nature. 32. Upon informatiol1 and belief, RDT, through its agents, servants, and/or employees, had plans to rectify the defective conditions existing on the premises, but failed to follow through on the plans. 33. RDT's failure to repair or remediate the defective premises despite knowledge of prior identical accidents and the nature of the defect constitutes reckless, wanton, and outrageous cOl1duct sufficient for an award of punitive damages, and demonstrates wanton disregard for the safety of RDT's customers, such as Plaintiff. 7 WHEREFORE, plaintiff demands judgment against all defendants, joindy and severally, including punitive damages, in an amount in excess of the compulsory arbitration limits of the Court of Common Pleas of Cumberland County, exclusive of interest and costs. Respectfully submitted, BLACK AND DAVISON BY: G. ulcove, Esquire o ey LD. No.: 09837 ott B. Sulcove, Esquire Attorney LD. No.: 84593 82 West Queen Street Chambersburg, P A 17201 (717) 264-5194 Attorneys for Plaintiff, Eleanor Allison 8 VERIFICATION I, Eleanor R. Allison, have read the foregoing Complaint which has been drafted by my counsel. The factual statements and! or denials contained therein are true and correct to the best of my knowledge, infonnation and belief. This Verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This Verification is made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, 1 may be subject to criminal penalties. /t~ If (JB~~ Eleanor R. Allison Date: /lUJVSI '-f ..2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REIFF ELIAM H the DEFENDANT , at 1818:00 HOURS, on the 8th day of August , 2003 at 275 GOODHART ROAD SHIPPENSBURG, PA 17257 by handing to ELAM H REIFF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.80 .00 10.00 .00 41.80 ~~.e'~~ R. Thomas Kline 08/28/2003 BLACK & DAVISON Sworn and Subscribed to before By: me this /7~ day of l.d./.NWJ...~ . ;JtJt) '5 A. D. I ~O_ ~ AL.1C Prothonotary' --') SHERIFF'S RETURN - REGULAR CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE RDT PARTNERSHHIP was served upon the DEFENDANT , at 1546:00 HOURS, on the 15th day of August , 2003 at 31 BYERS ROAD SHIPPENSBURG, PA 17257 BERTHA THRUSH, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this !"1 Ie; day of ~k.- c2lJ&3 A. D. (I. . a Ik.dku ~ '- ~thonotary . So Answers: r~~~./~ R. Thomas Kline 08/28/2003 BLACK & DAVISON By: Jk&f( SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT THRUSH LANE I DBA RDT but was unable to locate Him deputized the sheriff of FRANKLIN , to wit: PARTNERSHIP in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 28th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/28/2003 BLACK & DAVISON Sworn and subscribed to before this I'll&! day of J.,;r;-A''''./II') ;20t;..'j A. D . ~ Q ~('(I" ~ Prothonotary So answers: 7""~,,~ ~( R. Thomas KliFlr - y~ '. "'. _ Sheriff of Cumberlana~dUnty me SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: THRUSH LANE I but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 28th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/28/2003 BLACK & DAVISON So an~ // r ..,~~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this J'7 if: day of ..Ij7/...JU>.J A.D. ;(lJ{}.3 ~ Q Yvu.tPL.,., --- prothonot~ SHERIFF'S RETURN - NOT SERVED CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT THRUSH DONALD E , to wit: unable to locate Him in his bailiwick. He therefore returns the but was COMPLAINT & NOTICE the within named DEFENDANT 31 BYERS ROAD SHIPPENSBURG, PA 17257 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 13.80 .00 10.00 .00 29.80 NOT SERVED , as to , THRUSH DONALD E r- a~~r: ~ ~ .~~ R. Thomas ti: Sheriff of Cumberland County BLACK & DAVISON 08/28/2003 Sworn and subscribed to before me this 17 g,- day of _xL~ ;2Ch A.D. < - , _0 ~,~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03788 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ELEANOR R VS REIFF ELIAM H ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DIEHL JACK E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 28th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 6.00 9.00 10.00 50.00 .00 75.00 08/28/2003 BLACK & DAVISON S~",?t // r ~~ KI ~ .Ar'i:.-t' ~f R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this (l/ 17 - day of 1 ~~~k-.. .2tnl.3 A. D. ~CJ~,~~ Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Eleanor R. Allison SERVE: VS. Eliam H. Reiff et al Jack E. Diehl No. 03-3788 civil Now, August 8. 2003 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin .County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '/)/ /~' ~~~~r~~.R Sheriff of Cumberland County, P A Affidavit of Service AuOJ~ 15 l6fV\ pi A I ,u'l upon -:r1Jo: f, .D I E!-U-- at f~A,ul:(LlN l.,D, SHff.,ff'(, OF~(CE- / l52 UAX'd.VWltj €ASi . ~ f1 M~[,e..rBu,% ~ A by handing to rA }v\ Now, , 20~, at _I .30 o'clock ~ M. served the yvithin .' a copy of the original and made known to H ( M the contents thereof. So answers, N_ SolI Ridlord.o. MoC.rty.~ Public Cham-,Ilaro,F_ CGUIIIy My CommiSlioa Expires Jan. 29,2007 tk F/l.l-Pl<uJCounty, P A Sworn and subscribed before 7j~&Yf$:~ '~ oS . rLkC<-Lr- ~O . COSTS SERVICE MILEAGE AFFIDAVIT $ $ ;;;0. (p..i) In The Court of Common Pleas of Cumberland County, Pennsylvania Eleanor R. Allison VS. Eliam H. Reiff et al SERVE: Lane I. 'I1u:ush No. 03..,3788 civil Now, August 8, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin .County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r;/ ij r "'~~...:.(./.e-~.R Sheriff of Cumberland County, PA Affidavit of Service by handing to !fuou_s:! If- {/O fl1 r! CJ';' t- jOr"e I~llnu:h Jho- ~(i2k"rsj,_~ at Fa. ~o I$:.7 .111'/(1'0(", tu.;J7 ~..{ C;{ls......,h~y""b<-V~'1flI72.d( J.~ It 'e :r ! ~f-us( d t~ IZ~ F ~ r-L,:r-,>/c ~ --/- r LA .. .j 2J iJ... du( and made known to h ( .;. Now, ,20 (j3, at (jf--!-s~ o'clock ,q M. served the within upon a copy of the original (UoYYlp(a, ';"r the contents thereof. So answers, _Sell I Richard D. MiOIIy, NQIIry....... CIlam__,_c.-.r My CcauIliaioo &qIiIoIRa. 29, 7I1/fI ~7?~ Sheriff of rMA/J'!-L.,,v County, PA Sworn and subscribed efore ~tlU;;: '=.' '1nr~3 COSTS SERVICE MILEAGE AFFIDAVIT $ $ 9- In The Court of Common Pleas of Cumberland County, Pennsylvania Eleanor R. Allison SERVE: VS. Eliam H. Reiff et al Lane 1. Thrush d/b/a RDI' Partnership No. 03-3788 civil Now, August 8, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin -County to execute this Writ, this deputation being made at the request and risk afthe Plaintiff. ."..,/ /~. ~~""'~....--c 4' _.~.R Sheriff of Cumberland County, P A Affidavit of Service !lu f If s. I- 1..(- within Co rn pia I 'n-c- upon kn~ T. ~teU~h at fYaf1kll~ {'OUI({.'1 6h(J;r/{'s by handing to ,L d" -e :7. --;h n{~ h Now, ,20 Po? , at O?rj/ o'clock II M. served the oar ( t?- . IS -7 II AI (I~/;.. t,()y 1. :$ fU. r- ('k....b..u-:s.pUr.y, ~ /7.;1..0f a I YUIO >I- CJ+f-e.5....f..e d hi";' copy of the original ~<T fr7f'J/e.,~ r and made known to the contents thereof. So answers, _w RidIanI D. MOc.rIy. -. NlIio ~-'J'nl*lio~ My 0-;_ illqliIoI.. 29.2001 Sheriff of / .:-; $~'- .6'U-M<-4;~ Sworn and subscribe<!"before fte this d ~ day. of fh'-r ' 2~ (13- r ~C<A-~ o/~ COSTS SERVICE MILEAGE AFFIDA VIT $ $ SO ...--- Jefferson J. Shipman, Esquire 1.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants ELEANOR R. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ELIAM H. REIFF, JACK E. DIEHL,: DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL, THRUSH TOTAL LUBE CENTER, d/b/a RDT TOTAL LUBE CENTER, Defendants CIVIL ACTION - LAW 03-3788 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her counsel You are hereby notified to plead to the New Matter of Defendants within twenty (20) days of service hereof. Date: 9/U-/c3 100460.1 1"""'7 ~ GOLDBERG, KATZMAN & SHIPMAN, P.C. f erson J. Shipman, Esquire ttorney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants ELEANOR R. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ELIAM H. REIFF, JACK E. DIEHL,: DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL, THRUSH TOTAL LUBE CENTER, d/b/a RDT TOTAL LUBE CENTER, 03-3788 CIVIL TERM Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS, TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, by and through their counsel, Goldberg, Katzman & Shipman, P.C., and file the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted. 2. Admitted in part, denied in part. Defendant's correct name is ~Elam" Reiff. The remainder of the allegations are admitted as stated. 3. Denied. The address set forth in this paragraph is incorrect. 4. Denied. Defendant Thrush is now deceased. 5. Admitted. 6. Denied. The averments contained in Paragraph No. 6 are conclusions of law to which no response is required. 7. Denied. The averments contained in Paragraph No.7 are conclusions of law to which no response is required. 8. Denied. The averments contained in Paragraph No.8 are conclusions of law to which no response is required. 9. Denied. The averments contained in Paragraph No. 9 are conclusions of law to which no response is required. FACTS 10. Admitted in part, denied in part. It is admitted that on or about November 25, 2002, the Plaintiff was on the premises in question. The remaining averments of Paragraph No. 10 are conclusions of law to which no response is required. 11. Admitted in part, denied in part. It is admitted only that RDT is in the business of providing automotive service in the form of oil changes, lubrication and other light car repair. It is further admitted that certain sections of the lubrication pit areas are open to a business visitor. However, the remaining averments of Paragraph No. 11 are denied as stated. 12. Admitted upon information and belief. 13. Admitted. 2 14. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 14, and the same are therefore denied. By way of further response, it is believed and therefore averred that the Defendants offered to drive the Plaintiff's vehicle into the lubrication pit area. Plaintiff declined this offer and drove into the pit area by herself. 15. Admitted in part, denied in part. It is admitted only that the Plaintiff exited her vehicle. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 15, and the same are therefore denied. 16. Admitted in part, denied in part. It is admitted only that the Plaintiff fell into a lubrication pit area. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 16, and the same are therefore denied. 17. Denied. The averments contained in Paragraph No. 17 are conclusions of law and fact to which no response is required. 3 If a response is deemed to be required, the averments contained therein are specifically denied. 18. Admitted. 19. Denied. The averments contained in Paragraph No. 19 are conclusions of law and fact to which no response is required. COUNT I NEGLIGENCE AGAINST ALL DEFENDANTS 20. The Defendants incorporate herein by reference their answers to Paragraphs Nos. 1 through 19 above as though fully set forth herein at length. 21. Denied. The averments contained in Paragraph No. 21, and subparagraphs (al through (pl, are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. (a) Denied. It is specifically denied that the Defendants permitted Plaintiff to driver her vehicle into the lubrication pit area thereby exposing her to the alleged danger of falling into the lubrication pit; (b) Denied. It is specifically denied that the Defendants were allegedly negligent in failing to formulate a policy or procedure mandating that only agents, servants, employees or other authorized persons were permitted to be in a lubrication pit area; 4 (c) Denied. It is specifically denied that the Defendants were negligent in permitted Plaintiff, who was allegedly unfamiliar with the commercial garage/ maintenance facility setting, to enter the lubrication area. By way of further response is it believed and therefore averred that the Plaintiff had been to the very same facility on at least six previous occasions and was very familiar with the area; (d) Denied. It is specifically denied that the Defendants were allegedly negligent in failing to warn the Plaintiff of the danger of falling into the lubrication pit; (e) Denied. It is specifically denied that the Defendants were negligent in allegedly failing Plaintiff to remain outside the lubrication pit area,; (f) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to install and use protective grating over the lubrication pit; (g) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to install nets to catch Plaintiff following her fall into the lubrication pit; 5 (h) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to install railing or guarding around the lubrication pit to prevent Plaintiff from falling into the lubrication pit; (i) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to maintain a clear path of travel for customers from the pit area to the waiting area; (j) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to provide an unobstructed view of the lubrication pit; (k) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to train employees, agents and/or servants regarding customer safety; (1) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to formulate policies and procedure to ensure that customers stay outside of the lubrication pit area and to ensure customer safety; (m) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to design and/or arrange the RDT facility in such a way as to prevent Plaintiff from falling into the lubrication pit; 6 (n) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to design the facility in such a way as to eliminate the requirement to walk through the lubrication pit area to reach the waiting area; {oj Denied. It is specifically denied that the Defendants were negligent in allegedly failing to comply with state and federal statutes and regulations, including regulations promulgated by OSHA and the Pennsylvania Department of Labor and Industry, regarding safe design of garage, maintenance and lubrication pit areas; (p) Denied. It is specifically denied that the Defendants were negligent in allegedly failing to comply with industry standards regarding the guarding and covering of lubrication pit areas. 22. Denied. The averments contained in Paragraph No. 22 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 22 relating to Plaintiff's alleged injuries, and the same are therefore denied. 7 23. Denied. The averments contained in Paragraph No. 23 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 23, and the same are therefore denied. 24. Denied. The averments contained in Paragraph No. 24 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 24, and the same are therefore denied. 25. Denied. The averments contained in Paragraph No. 25 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 25, and the same are therefore denied. 26. Denied. The averments contained in Paragraph No. 26 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to 8 form a belief as to the truth of the remaining averments of Paragraph No. 26, and the same are therefore denied. 27. Denied. The averments contained in Paragraph No. 27 are, in part, conclusions of law and fact to which no response is required. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph No. 27, and the same are therefore denied. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. COUNT II -- PUNITIVE DAMAGES AGAINST ALL DEFENDANTS 28. The Defendants incorporate herein by reference their answers to Paragraphs Nos. 1 through 27 above as though fully set forth herein at length. 29. Admitted upon information and belief. 30. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph No. 30, and the same are therefore denied. 31. Denied. The averments contained in Paragraph No. 31 are conclusions of law and fact to which no response is required. 9 If a response is deemed to be required, the averments contained therein are specifically denied. 32. Denied. The averments contained in Paragraph No. 32 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 33. Denied. The averments contained in Paragraph No. 33 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendants interpose the following New Matters: 34. The Plaintiff's claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. S7102, ~ ~., and by the doctrine of comparative negligence. 35. The Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 10 36. The Plaintiff was comparatively negligent and failed to exercise reasonable care for her own safety in the following: (a) Walking and stepping inattentively without first ascertaining whether it was safe to do so; (b) Knowingly and voluntarily encountering an obvious danger; (c) Failing to take an alternative route; (d) Failing to watch where she was walking; (e) Walking and stepping in a hurried or otherwise inappropriate manner; (f) Failing to obtain assistance; and (g) Failing to permit the Defendants .to drive her vehicle into the lubrication area. 37. The Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 38. The Plaintiff's injuries and damages, if any, were not caused by any act, omission, or breaches of duty by answering Defendants. 39. The Plaintiff had visited the Defendants' facility on the following occasions: August 3, 1998; August 6, 1999; March 14, 2000; October 3, 2000; June 14, 2001 and February 14, 2002. 11 40. The Plaintiff was very familiar with the Defendants' premises, including the lubrication pit areas. 41. The Plaintiff knowingly and voluntarily assumed the risk of her injuries under the circumstances then and there existing by identifying and allegedly dangerous condition, appreciating its dangerous character, and voluntarily proceeding to encounter the condition. 42. That if it should be found that there was any negligence on the part of the Defendants, which negligence is expressly denied, any such negligence was not a proximate cause and/or legal cause of any damages to the Plaintiff. WHEREFORE, the Defendants respectfully request that judgment be entered in their favor and that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. . DATE:q~4Ici l00460.11'~ /. ef erson J. Shipman, Esquire ttorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendants 12 VERIFICATION I, -r.rno-#."., VAl1~h n I ,the n1tltVAG-wR of RDT TOTAL LUBE CENTER hereby acknowledge that I am authorized to execute this Verification on behalf of DefE~ndants in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. RDT TOTAL LUBE CENTER By ~-Z?tf ~ Date: 97707.1 CERTIFICATE OF SERVICE I hereby.certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on f /~" , 2003: Jan G. Sulcove, Esquire Black and Davison 82 West Queen Street Chambersburg, PA 17201 GOLDBERG, KATZMAN & SHIPMAN, P.C. f erson J. Ship an, Esquire .D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 . Attorneys for Defendants 100488.1 () F~ -n.'-;', rfjfcC, ~~~'.;: ~() c(,- C-j >~ H ":/ :'3 --, n '- ,:') '1 -";,) () -n .......l J ",) It) -":) "L ~";. cr\ BLACK AND DAVISON By: Jan G. Sulcove, Esquire Attorney I.D. No.: 09837 By: Elliott B. Sulcove, Esquire Attorney I.D. No.: 84593 82 West Queen Street Chambersburg, P A 17201 (717) 264-5194 Attorneys for Plaintiff ELEANOR R. ALLISON, Plaintiff, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. CIVIL ACTION ELlAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL THRUSH TOTAL LUBE CENTER, d/b/a RDT TOTAL LUBE CENTER, NO. 03-3788 Defendants. REPLY OF PLAINTIFF TO DEFENDANTS' NEW MATTER Plaintiff, by and through her undersigned counsel, Black and Davison, replies by defendants' New Matter as follows: 34. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions of law, no responsive pleading is required. 35. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To 1 the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 36. Denied. To the extent that this paragraph and its subparagraphs contain factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent this paragraph and its subparagraphs contain conclusions oflaw, no responsive pleading is required. 37. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 38. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 39. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 40. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to l'a. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 2 41. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions oflaw, no responsive pleading is required. 42. Denied. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions of law, 110 responsive pleading is required. WHEREFORE, plaintiff respectfully requests that this Court enter judgment in her favor for the relief requested in plaintiff's Complaint. Respectfully submitted, BLACK AND DAVISON BY: .5~ ---- Jan G. Sulcove, Esquire Attorney J.D. No. 09837 Elliott B. Sulcove, Esquire Attorney J.D. No. 84593 82 West Queen Street P.O. Box 513 Charnbersburg, P A 17201 (717) 264-5194 Attorneys for Plaintiff 3 VERIFICATION I, Eleanor Allison, hereby certify that I am authorized to make this Verification and verify that I have read the foregoing Reply to Defendants' New Matter which has been drafted by counsel. The factual statements and/or denials contained therein are true and correct to the best of my knowledge, information and belief. This Verification is made only as to the factual averments contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This Verification is made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. -t'k-a/1A'u,,/ il/Z-a ;,;>€) Eleanor Allison 4 CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that a copy of the foregoing Reply of Plaintiff to Defendants' New Matter was served via fIrst class mail, postage prepaid on March 3, 2004, to counsel of record as follows: Jefferson J. Shipman, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, P A 171 08 BLACK AND DAVISON ~ -=--- Elliott B. Sulcove 0 ....., 0 = c: = ." .~ ..,.. ~..... :x ~ -orr' r~> i~T: """ n1:::lJ :;0 , '.;J','. -om ~:~:: I t~~ .- ~:(.1 :t.,':;: - -0 ,-'"52J 2(2 ::J.: ."?q "=( ) (.:sf" PC: N "....-1 ~ .po ~.[J Ul -< Jefferson J. Shipman, Esquire 1.0. #: 51785 JOHNSON, DUFFIE, STEWART' WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorney for Defendants ELEANOR R. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ELIAM H. REIFF, JACK E. DIEHL,: DONALD E. THRUSH, LANE I. THRUSH, individually and dlbla RDT PARTNERSHIP, REIFF DIEHL, THRUSH TOTAL LUBE CENTER, TIBIA ROT TOTAL LUBE CENTER, No. 03-3188 Defendants JURY TRIAL DEMANDED PlUU:CIPE TO THE PROTHONOTARY: PLEASE change the address and telephone number for Jefferson J. Shipman, Esquire, attorney for the Defendants, to: Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 JOHNSON, DUFFIE, STEWART & JOHNSON , . B ~..( 4VL... J fe son ,J. ghipman, Esquire 1.D.#: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants DATE: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and corect copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class, postage repaid, at Lemoyne, Pennsylvania, on April 8, 2004: Jan G. Sulvove, Esquire Black and Davison 82 West Queen Street Chambersburg, PA 17201 JOHNSON, DUFFIE, STEWART & JOHNSON BQ~/.~<<H/ Je ferson ,J. S ipman, Esquire I.D.#: 51785 301 Market Street P.O. Box 109 Lemoyne, Pl\. 17043-0109 Attorneys for Defendants - '" c::.) C:::l .c- o ~n ::;-3 h1;lJ .'('lfTI S~~~ i~s ,-'i ~J. -~:J ",-'^-' r-.J C,) C~) c" ~._-~. J~hnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire LD. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3788 CIVIL ACTION - LAW ELEANOR R. ALLISON, v. ELlAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL, THRUSH TOTAL LUBE CENTER, d/b/a RDT TOTAL LUBE CENTER, JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.:!2 TO: Jan G. Sulcove, Esquire Elliott B. Sulcove, Esquire 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201-0513 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at lest twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate: (3) No objection to the subpoenas has been receivl9d; the twenty day waiting period for objections was waived; (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent Respectfully submitted, By: FFIE, STEWART & WEIDNER ~~ Jeffe on J. Shipman, Esquire Attorney 1.0. No. 51785' 301 Market StreE!t P.O. Box 109 Lemoyne, PA H043-0109 Telephone (717) 761-4540 Attorneys for Defendants Date: 'J /4/6 '-f CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all counsel of record by depositing the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, on the '-f fA day of MC\.v' I , 2004 addressed as follows: Jan G. Sulcove, Esquire Elliott B. Sulcove, Esquire 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201-0513 By: ,0 FFlE'S~ Jeffe on J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Strel~t P.O. Box 109 Lemoyne, PA 1'7043-0109 Telephone (717) 761-4540 Attorneys for Defendants 228333 Johnson, Duffie, Stewart & \\;'eidner ~ By: Jefferson J. Shipman, Esquire l.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendants Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBEIRLAND COUNTY, PENNSYLVANIA NO. 03-:3788 ELEANOR R. ALLISON, v. CIVIL ACTION - LAW ELlAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE I. THRUSH, individually and d/b/a ROT PARTNERSHIP, REIFF DIEHL, THRUSH TOTAL LUBE CENTER, d/b/a ROT TOTAL LUBE CENTER, JURY TIRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Jan G. Sulcove, Esquire Elliot B. Sulcove 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201-0513 Attorneys for Plaintiff PLEASE TAKE NOTICE that Defendants intend to sEirve four 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 records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. FFIE, STEWART & WEIDNER By: Date: 4/:;' 'il11J'i Jeffer n J. Shipman, Esquire Attorn y 1.0. Nc). 51785 ' 301 Market Stmet . P.O. Box 109 Lemoyne, PA '17043-0109 Telephone (71i') 761-4540 Attorneys for Dlsfendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct CC)py of the foregoing document upon all counsel of records by depositing the same in the United States Mail, certified postage prepaid, at Lemoyne, Pennsylvania, on the ? ~1+t day of lip, I I , 2004, addressed as follows: Jan G. Sulcove, Esquire Elliot B. Sulcove 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201-0513 Attorneys for Plaintiff UFFIE, STEWART & WEIDNER By: on J. Shipman, Esquire Atto ey I.D. No. 51785 301 Market StreElt P.O. Box 109 Lemoyne, PA H043-0109 Telephone (717) 761-4540 Attorneys for Delfendants 227621 COMMONWEALTH OF PENNSYL V ANlA COUNTY OF CUMBERLAND Eleanor R. Allison, Plaintiff v. FileNo. 03~3788 E1iam H. Reiff, Jack E.,Dieh1, Donafd E. Thrush, Lane I Throush, individually and d/b/a RDT Partnership, Reiff Diehl, Thrush Total Lube Center, d/b/a RDT: Total Lube Center, D f d . e en ants SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chambersbur~ Hospital (Name ofPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 8HY ggd all medieal reeerds, rfperta, Eorr~8poLLdeAL~e, Jia~!1vbtic test results Dertainin~ to Eleanor R. Alli~nn SSN' ?O,-07-0u?R aJohnson, Duffie, Stewart & Weidner. 301 Market St.. P.O. Box 109 (Address) Lemoyne, PA 17043-0109 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: Tpffpr~nTl T ~h; rm!:lTl 1 Esquire ADDRESS: 1m Mar1<et St IF 0 BOA 109 Le~gYR@, pA 170~3-Q109 TELEPHONE: f 1 f - f 61-4 '>40 SUPREME COURT ID # 51785 ATTORNEY FOR: Defendants :e:::OURT: Prothonotary, Civil Division '-- an~ D P .77;-f-Vr~ r Deputy Date: &tt-y,,-( ;:)7 2<<"1 al of the Court COMMONWEALTH OF PENNSYL V ANlA COUNTY OF CUMBERLAND Eleanor R. Allison, Plaintiff v. Eliam H. Reiff, Jack E.Diehl,Donald: FileNo. 03-3788 E. Thl:rush, Lane I. Thrush., indi vidualty and d/b/a RDT Partnershipll,Reiff Die!}l, Thrush Total Lube Center, d/bya RDT . Tatal Lube Center, D f d e en ants SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ~hiPPQBBgUrg Famil1NFnfe~f1J~~orEnti~) Within twen~ (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: anv and all m~n;r~l rprnrn~. rppnrto, ~QrrQBPQBaQBeG, diagR6stic test results pertaining to Eleanor R. Allison SSM: 205-07-0428 at.T()hn~()nJ nllTT;C, ~t"QT.T~rt, & HeiaBer, 301 Market Ct.11 r.o. Box 109 (Address) Lemo PA 17043-0109 You may deliver or mail legible copies of the documents or produce things req~JMa 'by tliis 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 :mbpoena within twen~ (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: Jefferson J. Shipman. Esquire ADDRESS: 301 Market St.. P.O. Box 109 Lemovne. PA 17043-0109 TELEPHONE: 7l7-7fil-4S40 SUPREME COURT ill # Sl 7 R S ATTORNEY FOR: Dpfpnibnt ~ Date: ~tlli J.. 7 .J('~y al of the Couft BY THE COURT: /1d Prothonotary, CIvil 4, Depu~ "--- COMMONWEALTH OF PENNSYLV AN1A COUNTY OF CUMBERLAND Eleanor R. Allison, Plaintiff v. Eliam H. Reiff, Jack E. Diehl, Donald; FileNo. OJ 3788 E. Thrush, Lane I. ThruBh~ individually and d/b/a RDT Partnership, Reiff Diehl, Thrush Total Lube Center, d/b/a RDT : Total Lube Center, D f d e en ants SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: P,,"1 T 1(1 ink M n . (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: ~ny ~n~ ~11 ~Qdicil r9c9r~B, rcpsrta, corr~~pv11J~11~c, JitigIlustic test results pertaining to Eleanor R A11i~nn ~~N' 205-07 Q/12g dJohnson. Duffie. Stewart & Weidner. 301 Market St.. P.O. Box 109 (Address) Lemoyne, PA 17043-0109 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 sougbt. 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 TIIE REQUEST OF THE ]FOLLOWING PERSON: ~ss~p~~~r~::k;~ ~~i~m;n6 E~~~i~~9 T~moy~~, p~ 170/13-0109 TELEPHONE: Hi- - 7 e 1 (I 5 'I 0 SUPREME COUR ID # 517 g 5 ATTORNEY FOR: Be:fe:na.ents Date Q7)fl. \ l ;). 7 ). I'y ij ea) of the Court BY THE COURT: -4:onotary, Civil Division c.... ~c.l?-" P77t-D/2-r~r------ Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eleanor R. Allison, Plaintiff v. Eliam H. Reiff, Jack E. Diehl, Donald: E. Thrush, Lane I. Thrush, individually and d/b/a RDT Partnership, Reiff Diehl Thrush Total Lube Center, d/b/a RDT :' Total Lube Center, D f d . e en ants FileNo. 03-3788 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RID,E 4009.22 TO: Dr. Larry S. Rankin (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 medical records, reports, correspondence. diaftnosti'c test results pertaining to Eleanor R. Allison SSN: 205-07-0428 at ]Ohil~QQ., J}yffie, eteual't S.(A~&~s~1.d, )01 M"d",:L SL., ]'.0. Box 109 You may deliver or mail legible copies of the documents or produce thing!r!fgqlllsll:!'l by IMs 1 7043 - 0 1 0 9 subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the rigbt 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 TIlE REQUEST OF THE FOLLOWING PERSON: NAME: Tl3-Ff"~ran." T5hirwa];l~ Esquire ADDRESS: 3Q1 Market ;a , P.O. Box 109 19meYR9, FA 17g~3 0109 TELEPHONE: 717 -7 61-4 540 SUPREME COURT ill # 517 B 5 ATTORNEY FOR: Der"uJ"uL~ Date~lLi ( :; '7 J t''f)'1 S al of the Court I ~,COURT: Prat' onotary, Civil Division '-- /2W"rJ> P. ~4'4A'~ Deputy 0 '" 0 => C c..:> -n ~ .r- --f ,.. -,- -r '-TI ., ):000 n,fP -":" -< -orn --'.' I -i--jC:) .';,"- c.' Ul oj , ;:j[~ '- , ' <.- t:J C) "1"" ('- :::r. (") ::r; C c.; en c: t;-? z ?f; =< Ul -.J -..: . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL ROSSMAN, EXECUTOR OF THE ESTATE OF ELEANOR R. ALLISON, DECEASED CIVIL ACTION NO. 03-3788 Plaintiff, v. ELIAM H. REIFF, JACK E. DIEHL, DONALD E. THRUSH, LANE 1. THRUSH, individually and d/b/a RDT PARTNERSHIP, REIFF DIEHL THRUSH TOTAL LUBE CENTER, d/b/a RDT TOTAL LUBE CENTER, Defendants. PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended by plaintiff. Respectfully submitted, BLACK AND DAVISON BY: <:' .- Jan G. Sulcove, Esquire Attorney I.D. No. 09837 Elliott B. Sulcove, Esquire Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambers burg, P A 17201 (717) 264-5194 Attorneys for Plaintiff . CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that a copy of the foregoing Praecipe to Settle, Discontinue and End was served via first class mail, postage prepaid on November 21, 2005, to counsel of record as follows: Jefferson J. Shipman, Esquire 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 BLACK AND DAVISON ,...s;:- Elliott B. SuI cove ---------- \':; ,C,) f".:-> cY' -