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HomeMy WebLinkAbout03-3794MINNIE AL~ 1 Alliance Drive Apartment 306 Carlisle, PA 17013-4135 IN THE COURT OF COI~40N PLEAS ~ COUNTY, PENNSYLVANIA NO. Civ;I Action - (~) ( ) Equity · 909 ~a~ : ~e, ~A ~70~3 versus ~cWs~8, ~A 17325 Plaintiff(s) & · Address(es) WAYNE D. HTTI,~ JOHN C. RFRG, WAYNE:R. PARET, t/d/b/a HBP ASSOCIATES 39 North Fifth Street Gettysburg, PA 17013 Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SLI~4ONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action, X Writ of Summons snail be issued and forwarded to (x)Avtorney )Sheriff Thcc~3s S. Beckley, Esquire 212NorthThird Street Post Office Box l1998 Harrisb~rz. PA17108-1998 (717) 233-7691 Names/Address/ Telephon No. of Attorney Signature of Attorney Supreme Court ID No. 77040 Date: August 5, 2003 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE C(~MHENCED AN ACTION AGAINST YOU. Prothonotary Deputy ( ) Check here if reverse is issued for additional information mROTHON. - 55 . Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, pennsylvania 17043-0109 (717) 761-4540 MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC. t/d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., wAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP AsSOCiATES, Attorneys tbr Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. paret t/d/b/a HBP Associates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3794 CIVIL CIVIL ACTION -I~W_ JURY TRIAL DEMANDED Defendants : PRAECIPE TO ENTER APPEARANCE AND RULE TO PILE coMPLAINT AND NOW, this ay August, 2003, enter our appearance for Defendants Tiiad Food_S.y.st.e.,,m.s, · aret t/d/b/a HBP Associates and issueia rule to pla~nt~tt to Inc., Wayne D. H,II, John/~a~,n~ ~ ~ahY~ne R Pof service thereof, or suffer ludgmerit of non pros file a complaint within twemy kzu) u,~yo ..... date ~eidner, Jr. RULE TO FILE COMPLAINT AND NOW, this J~'13:taY of ~b~-Og-,{.~ , 2003, a ~,u~le_ i ' to you to file your hereof, or suffer complaint in the above-captioned action ~vithir~ twenty (20) d~ys or tnu ,~. ,~, udgment of non pros. ~'~.~ cURTIS R. LONG, PROT OT,~ P,Y eputy :217180 5774-458 CERTIFICATE OF SERVICE AND NOW, this /'~'/'~day of August, 2003, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be depOsited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas S. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 CBC Steakhouse, Inc. 909 Walnut Bottom Road Carlisle, PA 17013 JOHNSON, DUFFLE, sTEWART &WEIDNER Y:~-'~----~-~'~ichelle Ha~y F SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEXANDER MINNIE VS CBC STEAKHOUSE INC T/D/B/A BON Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: Sheriff or Deputy Sheriff who being search and TRIAD FOOD SYSTEMS INC but was unable to locate Them deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On August 13th , 2003 attached return from kDAMS Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Adams County 37.70 .00 62.70 08/13/2003 BECKLEY & MADDEN Sworn and subscribed to before me this ~$ ~ day of~,~ /Lvo3 A.D. __ , this office was in receipt of the Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-03794 P CORfMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEXANDER MINNIE VS CBC STEAK}{OUSE INC T/D/B/A BON OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFEND~NT , to wit: HILL WAYNE D T/D/B/A HBP but was unable to locate Him deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS Sheriff or Deputy Sheriff who being search and ASSOCIATES in his bailiwick. He therefore County, Pennsylvania, to On Auqust 13th , 2003 attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/13/2003 BECKLEY & MADDEN Sworn and subscribed to before me this ~ 7 ~ day of ~ A.D. i , Prothonotary! , this office was in receipt of the So answers: ~ ~~ R. Thomas Kline / Sheriff of Cumberland County SHERIFF'S RETURN - CASE NO: 2003-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEX3~NDER MINNIE VS CBC STEAKHOUSE INC T/D/B/A BON OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BERG JOHN C T/D/B/A HBP but was unable to locate Him deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: ASSOCIATES in his bailiwick. County, He therefore Pennsylvania, to On August 13th 2003 attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/13/2003 BECKLEY & MADDEN Sworn and subscribed to before me this 2 ~ ~ day of ~/- ~3 A.D. ' Prothonotary ' , this office was in receipt of the Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALEXANDER MINNIE VS CBC STEAKHOUSE INC T/D/B/A BON - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PARET WAYNE R T/D/B/A HBP but was unable to locate Him deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: ASSOCIATES in his bailiwick. County, He therefore Pennsylvania, to On August 13th , 2003 attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/13/2003 BECKLEY & MADDEN Sworn and subscribed to before me this ~ ~ day of ~ Prothonotary this office was in receipt of the Sheriff of Cumberland County In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Minnie Alexander VS. CBC Steakhouse Inc t/d/b/a B~nanza Steakhouse SERVE: Triad Food Systens Inc No. 03-3794 civil NOW, August 7. 2003 hereby deputize the Sheriff of Ad.ns deputation being made at the request and risk of the Plaintiff. Sheriff of Cumb~rtund County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute tfiis Writ, this NOW, within upon at by handing to John C. Berg a true and attested . and made known to him August 8 ,20 03 Writ of Surrmons in Civil Action Triad Food Systems, Inc. 235 Table Rock Road, Gettysburg, PA Sworn and subscribed before me this N/A day of ,20 Affidavit of Service , at 7:00 o'clock P. M. served the copy of the original Writ of Surmnons the contents thereof. So,¢nswers, (,'Sheriff of Adams County, PA COSTS SERVICE $ 36.00 MILEAGE 1.70 AFFIDAVIT $37.70 Rt. 8/12/03 In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Minnie Alexander VS. CBC Steakhouse Inc t/d/b/a Bonanza Steakhouse SERVE: Wayne D. Hill t/d/b/a HBP Associates No. 03-3794 civil ]~OW, August 7, 2003 hereby deputize the Sheriff of Arians deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this NOW, within upon at by handing to John C. Berg a true and attested. and made known to him · August 8 ,20 03 , at Writ of Summons in Civil Action Wsyne D. Hill t/d/b/a HBP Associates 235 Table Rock Rd., Gettysburg, PA Sworn and subscribed before me this N/A day of Affidavit of Service 7:00 o'clock P. M. served the ,20 copy of the original Writ of Summons the contents thereof. oomswers, Sheriff / ~efiff of ~ms CounW, PA COSTS SERVICE MILEAGE AFFIDAVIT $ Imhr~d on another return In The Court of Common Pleas of Cumberland County, Pennsylvania Minnie Alexander VS. CBC Steakhouse Inc t/d/b/a Bonanza Steakhouse SERVE: John C. Berg t/d/b/a HBP Associates No. 03-3794 civil Now, AugUst 7. 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Arians County to execute tills Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at 235 Table Rock Road, Gettysburg, PA by handing to John C. Berg a true and attested and made known to him · August 8 ,20 03 Writ of Summons in Civil A~tion John C. Berg t/d/b/a HBP Associates Sworn and subscribed before me this day of ,20 Affidavit of Service , at 7:00 copy of the original o'clock p. M. served the Writ of Summons the contents thereof. So answers, ~D~~ ~t~. Sheriff of Adams COSTS SERVICE MILEAGE AFFIDAVIT County, PA $ ~ m amther return In The Court of Common Pleas of Cumberland County, Pennsylvania Minnie Alexander VS. CBC Steak, house Inc t/d/b/a Bonanza Steakhouse SERVE: Wayne R. Parer t/d/b/a HBP Associates No. 03-3794 civil Now, AugUst 7, 2003 , I, SHERIFF OF CUMBER_LAND COUNTY, PA, do hereby deputize the Sheriff of Arians County to execute ttiis Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now~ within upon at by handing to a true and attested and made known to him August 8 ,20 03 Writ of Summons in Civil Action Wayne R. Paret t/d/b/a HBP Associates 235 Table Rock Road, Gettysburg, PA Jobn C. Berg Sworn and subscribed before met his N/A day of ,20 Affidavit of Service ,at 7:00 o'clock p M. served the copy of the original Writ of Summons the contents thereof. So ~lswers, County, PA COSTS SERVICE MILEAGE AFFIDAVIT $ ~ on anofl~er rem SHERIFF'S RETURN - REGULAR CASE NO: 2003-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CLrMBERLAND ALEXANDER MINNIE VS CBC STEAKHOUSE INC T/D/B/A BON RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according says, the within WRIT OF SUMMONS was served upon CBC STEAKHOUSE INC T/D/B/A BONANZA STEAKHOUSE DEFENDANT , at 1430:00 HOURS, on the 8th day of August at 909 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to MICHELLE HERSHEY, MANAGER a true and attested copy of WRIT OF SUMMONS to law, the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2~ day of A.D. PFo~honot ary ' So Answers: R. Thomas Kline 08/13/2003 BECKLEY & MAD~~ By: ~ Deputy Sheriff MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC., d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. H/LL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL AC~IION . LAW NO. 03-3794 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 any other claim for relief requested by the Plaintiff. You may lose money or property or other right important to you. YOU SHOULD TAKE TH/S 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, Pennsylvania 17013 (717) 249-3166 MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC., d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP ASSOCIATES, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3794 : COMPLAINT AND NOW comes the Plaintiff, Minnie Alexander, who, by and through her attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint against Defendants, CBC Steakhouse, t/d/b/a Bonanza Steakhouse, Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Parer, t/d/b/a HBP Associates, and, in support thereof, avers as follows: 1. Plaintiff is Minnie Alexander, an adult individual residing at 1 Alliance Drive, Apartment 306, Carlisle, Pennsylvania 17013-4135. 2. Defendants are: a. CBC Steakhouse, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered address of 243 Memorial Highway, Dallas, Pennsylvania. CBC Steakhouse trades and does business as Bonanza Steakhouse, a registered fictitious name; b. Triad Food Systems, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a registered address of 39 North Fifth Street, Gettysburg, Pennsylvania 17325; and c. Upon information and belief, Wayne D. Hill, John C. Berg and Wayne R. Paret are adult individuals who trade and do business as HBP Associates (collectively referred to herein as "/IBP Associates"), a Pennsylvania partnership. 3. Upon information and belief, Defendant CBC Steakhouse, Inc., and/or Triad Foods Systems, Inc., and/or HBP Associates operates a Bonanza Steakhouse located at 909 Walnut Bottom Road, Carlisle, Pennsylvania. 4. Upon information and belief, HBP Partnership owns the real property upon which the Bonanza Steakhouse operates. 5. On or about August 6, 2001, at approximately 11:00 a.m., Ms. Alexander went to the Bonanza Steakhouse restaurant located at 909 Walnut Bottom Road, Carlisle, Pennsylvania. 6. After parking in a handicap parking space, Ms. Alexander left her car and walked up the handicap access ramp intending to enter the restaurant. 7. While walking up the handicap access ramp, Ms. Alexander tripped and fell over a defective portion of the handicap access ramp and injured herself. 8. The handicap access ramp was defectively designed, constructed and/or maintained negligently, carelessly, wantonly and/or recklessly in the following manner: a. The sides of the ramp were defectively steep thereby a tripping hazard to anyone who used the ramp; b. There were no signs warning customers of the restaurant about the steep sides of the handicap access ramp nor were there guiderails to prevent a patron of the restaurant from tripping over the defective condition; 9. As a direct and proximate result of the defective design, construction and/or maintenance of the handicap access ramp, Ms. Alexander fell and suffered the following injuries: a. She hit her face on the sidewalk causing lacerations to her face and damage to her teeth; b. She had X-rays taken of her chest and spine; c. She underwent several investigatory procedures in the emergency room at the Carlisle Hospital; and d. She underwent physical and mental suffering, inconvenience in carrying out her daily activities and lost the ability to enjoy some o ' ' fhfe s pleasures. 10. As a result of the defective design, construction and/or maintenance of the handicap access ramp, Ms. Alexander incurred medical bills in excess of $1,800.00. WHEREFORE, Plaintiff, Minnie Alexander, hereby requests this Court to enter judgment in her favor and against the Defendants, CBC Steakhouse, Inc., t/d/b/a Bonanza Steakhouse, Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret, t/d/b/a HBP Associates, in an mount to be determined at trial. DATED: October 8, 2003 Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 Respectfully submitted, Thomas A. l~eckle3), Esqui~- Thomas S. Beckley, Esquire Attorneys for Plaintiff Minnie Alexander I, Minnie Alexander, hereby verify that I am an adult individual, that I have read the foregoing document, and that the facts set forth in the foregoing document are tree to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Minnie Alexander CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAI1, C. Roy Weidner, Jr., Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, Pennsylvania 17043-0109 DATED: October 8, 2003 Thomas S. Beckley Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates MINNIE ALEXANDER, Plailntiff CBC STEAKHOUSE, INC. t/d/b/a BONANZA STEAKHOUSE, TRIADI FOOD SYSTEMS, INC., WAYNE D. HILL, ,JOHN C. BERG and WAYNE R. PARET t/d/b/aI HBP ASSOCIATES, Der ~ndants DEFEND~ JOHN C. B~ AND NOW, this ~ Hill, John C. Berg and V~ answers Plaintiff's compl~ 1. Admitted. IN THE COURT OF COMMON PLEA~ OF CUMBERLAND COUNTY, PENNSYLV~,NIA NO. 03-3794 CIVIL CIVIL ACTION - LAW JURY TRIALDEMANDED NTS TRIAD FOOD SYSTEMS, INC., WA YNE D. HILL, rRG and WA YNE R. PARET t/d/b/a HBP ASSOCIATES' ANSWER TO COMPLAINT ~[ a~y of October, 2003, come Defendants Triad Food Systems, Inc., W~ /ne R. Paret t/d/b/a HBP Associates, through their undersigned attorne, int as follows: yne D. and the part of answering Deb ~ndants is required. b. AdJ ~itted. c. AdJ ~itted. n Part. Denied in Part. It is admitted,that Triad Food Systems, Inc. ope ired at 909 Walnut Bottom Drive, Carli31e, Pennsylvania. The remainder hied. 3. AdmiRed ~ Bonanza Steakhouse loc, averment is specifically d( Denied. This averment is deemed denied a~s one to which no responsive pleading on 'ates a of this 4. Admitted. 5.- 6. Denied. After a reasonable investigation, answering Defendants are without knowledge information sufficient to form a belief as to the truth of said averments. OF this averment is denied= in that after a reasonable investigation, answering Defendants are knowledge or information sufficient to form a belief as to the truth of said averment. Denied. Any defect in the handicap access ram[:, Js specifically denied. The remainder of 8. a. - b. Denied. Any defective design, construction or maintenance is specifically deni, the contrary, answering D~fendants at all times acted reasonably under the circumstances. 9. Denied. /~ny defective design, construction or maintenance of the handicap access i specifically denied. Thei remainder of this averment is denied in that after a reasonable invest / answering Defendants art without knowledge or information sufficient to form a belief as to the truth averment. ~ qy defective design, construction or maintenance of the handicap access r remainder of this averment is denied in that after a reasonable investi without knowledge or information sufficient to form a belief as to the truth 10. Denied. A specifically denied. The answering Defendants ar( averment. Nithout :d. On :219572 5774~458 amp is ~lation, af said ~mp is ;~ation, )f said WHEREFORE, answering Defendants demand that Plaintiff's complaint against them be dismissed. JOHNSON, DUFFLE, STEWART & WEIDIX ~ L,. Roy Weidl~r, Jr. ER VERIFICATION The undersigned ~ays that the facts set forth in the foregoing answer to complaint are true. and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to urtsworn falsifications to authorities. T R IA/B~ POO~)~iY S~/E/~f'S, .I N C. ,j~/~tor of Operations Dated: CERTIFICATE OF SERVICE AND NOW, this,,~/1(~,~/,~ day of October, 2003, the undersigned does hereby certify that she (;lid this date serve a copy of the foregoing document upon the other parties of record by causing same to be del~osited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas S. Beckley, Esqui~'e 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 CBC Steakhouse, Inc. 909 Walnut Bottom Road Carlisle, PA 17013 JOHNSON, DUFFLE, STEWART & WEIDI~ ER By: 'Johnson, Duffle, Stewart & Weidner By: C. Roy Weidncr, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC. Fd/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET Fd/b/a HBP ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3794 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS BY PLAINTIFF AND NOW, this 26th day of July, 2004, come Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates, through their undersigned attorneys, and move for an order compelling Plaintiff to comply with the requirements of outstanding discovery as follows: 1. The Plaintiff is represented in this matter by Thomas S. Beckley, Esquire, Beckley & Madden, 212 North Third Street, Harrisburg, Pennsylvania 17108; telephone (717) 233-7691; facsimile (717) 233- 3740. 2. Plaintiff's complaint is for personal injuries suffered on August 6, 2001 when Plaintiff tripped and fell while walking up the handicap access ramp at the Bonanza Steakhouse restaurant located at 909 Walnut Bottom Road, Carlisle, Pennsylvania. 3. Plaintiff claims lacerations to her face and damage to her teeth. 4. On October 10, 2003, Defendants Triad Food Systerns, Inc., Wayne D. Hill, John C. Berg and Wayne R. Parer t/d/b/a HBP Associates propounded interrogatories and a request for production of documents to Plaintiff. 5. A copy of the interrogatories propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "A". 6. A copy of the request for production of documents propounded to Plaintiff is attached hereto, incorporated by reference herein and marked as Exhibit "B". 7. Plaintiff wholly has failed to answer, object or otherwise respond to the interrogatories and request for production of documents which are the subject of this motion. 8. The undersigned wrote to Plaintiff's counsel on February 4, 2004 attempting to resolve this situation and obtain answers to discovery without resort to the court, but Plaintiff's counse has wholly failed to respond as of the day and year first above written. 9. Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Parer t/d/b/a HBP Associates request that an order be entered pursuant to Pa. R.C.P. No. 4019(a)(1)(i), (vii) and (viii) requiring that Plaintiff serve full and complete answers to the outstanding interrogatories and request for of documents which are the subject of this motion verified by the Plaintiff, along with the documents requested. WHEREFORE, Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates respectfully request that an order be entered directing that Plaintiff serve Defendants' counsel at his office with full and complete answers to Defendants' interrogatories and request for production of documents verified by the Plaintiff, along with the documents requested, or suffer sanctions, including dismissal of this action. JOHNSON, DUFFLE, STEWART & WEIDNER ~'/Roy ~¢~idner, Jr. ,Attorney I.D. No. 19530 301 Market Street Lemoyne, PA 17043-0109 'relephone (717) 761-4540 Facsimile (717) 761-3015 Attorneys for Defendants Triad Food Systems, Inc. Wayne D. Hill, John C. Berg and Wayne R. Parer tld/b/a HBP Associates CERTIFICATE OF SERVICE AND NOW, this r"~(/~ ~day of July, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 CBC Steakhouse, Inc. 909 Walnut Bottom Road Carlisle, PA 17013 JOHNSON, DUFFLE, STEWART & WEIDNER ~ Michelle Ragy - ~' ~' :232647 5774-458 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidncr, Jr. I.D. No. 19530 30i Market Street P. O. Box i09 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys :[or Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC. t/d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3794 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED INTERROGATORIES TO PLAINTIFF Set No. I TO: Minnie Alexander c/o Thomas S. Beckley, Esquire 212 North 3r~ Street P.O. Box 11998 Harrisburg, PA 17108-1998 AND NOW, this /~ ~'~" day of October, 2003, Defendants serve upon you written interrogatories to Pa. R.C.P. No. 4005. These interrogatories are 1:o be answered in accordance with the requirements of Pa. R.C.P. No. 4006, particularly in regard to the insertion of answers in the spaces provided. In accordance with Pa. R.C.P. No. 4002.1, these interrogatories have not been filed with the Court. :219516 5774-4§8 JOHNSON, DUFFLE, STEWART & WEIDNER A. CONSTRUCTION These interrogatories shall be construed and interpreted ir, accordance with the Pennsylvania Rules of Civil Procedure. Other terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meanings: 1. "Document" means those included in that term by Pa. R.C.P. No. 4009.1. 2. "Identify" or "Identity" means when used in reference to -- A natural person, his or her: i. full name; and ii. present or last known residence and employment address (including street name and number, city or town, and state or county); A document: i. its description (e.g. letter, memorandum, report, etc.), title and date; ii. its subject matter; iii. its author's identity; iv. its addressee's identity; v. its present location; and vi. its custodian's identity; An oral communication: i. its date; ii. the place where it occurred; iii. its substance; iv. the identity of the person who made the communication; the identity of each person to whom such communication was made; vi. the identity of each person who was present when such communication was made; A corporate entity: i. its full corporate name; ii. its date and place of incorporation, if known; and iii. its present address and telephone number; Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation or government agency. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. "You" means the party to whom these interrogatories are directed and those acting on such party's behalf. *Defendant" shall mean the party or parties propounding this discovery, unless otherwise specified. B. INSTRUCTIONS ~ The interrogatories are to be answered in writing, verified and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. Claim o~ With respect to any claim of prMlege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. k. ANSWER: C. INTERROGATORIES Persopa/information - State the following: a. Your full name; b. Each other name, if any, which you have used or by which you have been known; c. The name of your spouse at the time of the incident and the date and place of your marriage to such spouse; d. The address of your present residence and the address of each other residence which you have had during the past five years; e. Your present occupation, the name and address of your employer, and the name and address of any employer-provided health insurance or similar* plan. f. The names and addresses of your employers for the, past five (5) years and the names and addresses of each such employers' employer-provided health insurance or similar plan. Date of your birth; Your Social Security number; Your military service and positions held, if any; The schools you have attended and the degrees or certificates awarded, if any; and Your driver's license number and state of licensure. Insurance -- If you are covered by any type of motor vehicle insurance, health insurance, disability benefits or other insurance that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name of the insurance carrier which issued the policy: b. The named insured under each policy and the policy number of each policy; d. ANSWER: The type and effective date of each policy; and The amount of benefits that have been paid due to the incident. 3. Expenses - List and describe all expenses and losses that :you have incurred because of the incident. ANSWER: f. ANSWER: Medical Expenses - In regard to medical expenses, for each expenditure state the following: a. The identity of the date of service giving rise to the expenses; b. The identity of the provider of the service; c. The amount charged by the provider for the service; d. The amount paid by insurance or some other plan or program; The identity of the plan or program making the payment, including the policy number agreement number or subscriber number; Whether the plan has asserted a right of subrogation or reimbursement for the payment and the amount thereof. Factual basis for claims and defenses -- State with particularity in detail and narrative fashion the factual basis for each claim you are asserting in this casE; against the Defendant propounding these interrogatories. (CAVEAT: "See Complaint" will not be regarded as an acceptable answer to this interrogatory.) ANSWER: ANSWER: Witnesses -- a. Identify each person who: (1) was a witness to the incident through sight or hearing; and/or (2) has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. With respect to each person so identified, state that person's exact location and activity at the time of the incident. Statements -- If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a. The identity of such person; ANSWER: When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. Reports of incident -- identify documents (except reports of experts subject to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof. ANSWER: d. ANSWER: Demonstrative evidence - If you know of the existence of any photographs, motion pictures, video recordings, maps diagrams or models relevant to the incid~,nt, state: a. The nature or type of such item; b. The date when such item was made; The identity of the person that prepared or made each item; and The subject that each item represents or portrays. 10. Trial preparation material - If you, or someone not an expert subject to Pa. R.C.P. No. 4003.5 conducted any investigation of the incident, identify: Each person, and the employer of each person, who conducted any investigation; and All notes, reports or other documents prepared during or as a result of the investigation and the persons who have custody thereof. ANSWER: 11. Trial witnesses -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 12. Expert witnesses - Identify each expert you intend to call as a witness at the trial of this matter, and for each exper~ state: a. The subject matter about which the expert is expected to testify; and ANSWER: The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your exper[.) 13. Trial exhibits - Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the tdal. ANSWER: 14. Admissions - If you intend to use any admission of a party at trial, identify such admission. ANSWER: 15. Injuries and diseases alleged -- Identify all injuries or diseases that you allege you suffered as a result of the incident and all pads of your body affected. ANSWER: 16. Medical treatment -- If you received medical treatment or' examination (including x-rays) because of injury or disease you suffered as a result of the incident, state: a. The identity of each hospital at which you were treated or examined; The date on which each such treatment or examination at a hospital was rendered and the charge by the hospital for each; c. The identity of each doctor or practitioner by whom you were treated or examined; ANSWER: The date on which each such treatment or examination by a doctor or practitioner was rendered and the charge for each; and The identity of any document (except reports of experts subject to Pa. R.C.P, 4003.5) regarding any medical treatment or examination, setting forth the author and date of such documents. 17. Prior injuries or diseases -- If prior to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: a. The injury or disease you suffered; The date and place of any accident, if such injury or disease was caused by an accident; The identity of hospitals, doctors or practitioners who rendered treatment or examination because of such injury or disease; and ANSWER: The identity of anyone against whOm a claim was made, and the tdbunal and docket number of any claim or lawsuit that was filed in connection with such injury or disease. 18. Subsequent injuries or diseases - If subsequent to the ' ~' ~n,,~dent you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: a. The injury or disease you suffered; The date and place of any accident, if such injury or disease was caused by an accident The identity of hospitals, doctors or practitioner,,; Who rendered treatment or examination because of such injury or disease; and The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that was filed in connection with. such injury or disease. ANSWER: 19. Prior Treatment -- Identify all practitioners who rendered treatment to you during the five (5) years preceding the incident. ANSWER: 20. m. n. O. p. ANSWER: Prior physical Impairment - Prior to the incident have you ever suffered from or received treatment for any of the following disorders: a. Double vision; b. Blurred vision; c. Instability of balance; d. Infection or disease of the inner ear; e. Vertigo; f. Dizzy spells; g. Fainting spells; h. Epilepsy; Apoplexy; Paralysis; High blood pressure; Diabetes; Muscle disorders; Brain or nervous system disorder; Neck pain; Back pain. 21. ANSWER: If any answers to the previous interrogatory is in the affirmative, for each disorder please state: a. A description of the disorder; b. The date of your last attack prior to the incidents; c. The name and address of each medical practitioner who examined you or treated you for the disorder; The description of the treatment you received and medications prescribed by doctors; and Whether you were under treatment at the time of thE; alleged incident. 22. ANSWER: Drug impairment - If you consumed any drugs or medications dudng the eight hours immediately preceding the incident, state: a. The nature, amount and type of item consumed; b. The dosage of each and the number of dosage; c. The amount of time over which each dose was taken: d. A description of the condition which requires such medication or drug; e. A description of any effect that you experience from taking the medication or drug; f. The identity of any and all persons who have any knowledge as to the consumption of those items; and The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any said medications or drugs, if any. 23. Alcohol impairment -- If you consumed any alcoholic beverage during the eight hours immediately preceding the incident, state: a. The type of beverage consumed; b. The number of each and the size of each; c. The place where each beverage was consumed; d. The name and address of the person who supplied the beverage; e. The length of time between your last drink and the incident; and f. The identity of any and all persons who have any knowledge as to the consumption of the beverages. ANSWER: 24. ANSWER: Limitation of duties and activities affer the incident -- If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity: a. The duties and/or activities you have been unable to perform; b. The periods of time you have been unable to perform; and The identity of all persons having knowledge thereof. 25. Physical ormental disability-- If you were under any physical or mental disability (to include the need to wear corrective lenses) at the time of the incident, explain the disability. ANSWER: 26. Earnings before the incident -- For the period of three years immediately preceding the date of the incident, state: The name and address of each of your employe~ or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self-employed; The dates of commencement and termination of each of your periods of employment or self- employment; c. The nature of your occupation in each employment or self-employment; and The wage, salary or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and serf-employment for each year, ANSWER: 27. Earnings after the incident -- If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: The name and address of each of your employers; or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the. business while self-employed; The dates of commencement and termination of each of your periods of employment or self- employment; c. The nature of your occupation in each employment or self-employment; The wage, salary or rate of earnings received by you in each employment or self-employment and the amount of income from employment and self-employment for each year; and The dates of any absences from your occupation resulting from injury or disease suffered in this incident and the amount of any earnings or other benefits lost by you because of such absences. ANSWER: 28. d. ANSWER: If you were employed at the time of incident and are claiming a loss of earnings and earning capacity, describe all fringe benefits of your employment, including: a. the nature of the benefit; b. the benefits provided; the identity of the provider of the benefits, such as an insurer or other entity; and the cost of the benefit. 29. List all hobbies and forms of recreation in which you have participated in the ten years preceding the incident, and state the names and addresses of any recreational, civic, or other organizations of which you were a member during that period. ANSWER: 30. List all hobbies and forms of recreation in which you have participated subsequent to the incident, and state the names and addresses of any recreational, civic, or other organizations of which you were a member during that period. ANSWER: 31. If you are recovered from the effects of any injury, illness, or disability you received or suffered as a result of the alleged incident, please give the date on which you were fully recovered. ANSWER: 32. If you are still afflicted with or suffering from the effects of any injury, illness or disability you received at the time of the alleged incident, please describe in detail the nature, extent, and duration of any and all present injuries, illnesses, pains, sufferings, disabilities and :symptoms. ANSWER: 33. d. ANSWER: If you have asserted any other claims as a result of the incident, state: a. The identity of any person against whom such a clairn was asserted. b. The complete caption of any action brought against such person. The identity of the person's attorney. The identity of the person's insurer. 34. Have you or any person acting on your behalf entered into any agreement to settle, reduce, release, or limit any other person's liability to you resulting from the incident, whether or not that person is a party to this action? If your answer is in the affirmative, state: a. the identity of the person with whom the agreement was entered; b. the date that you entered into any such agreement; and ANSWER: the consideration for the agreement. 35. If you have ever made a claim for injury to your person (including for medical payments on a liability insurance policy, for workers' compensation, for an automobile accident or any other type of liability claim), State for each such claim: a. The date, nature and location of the event giving rise to the claim. b. The person, insurer or other entity against whom thE; claim was made. If the event giving rise to the claim was investigated, the name and address of the investigating agency. d. If a suit was filed, the venue, docket number and names of all parties to the suit. If you received any insurance payments, the name, address and claim number of the insurance company and the name and address of its insured. The name and address of the primary treating physician and any other providers involved in your care necessitated by the injury. ANSWER: VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. !34904, relating to unsworn falsifications to authorities. Minnie Alexander Dated: Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a I-IBP Associates MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC. t/d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP ASSOCIATES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3794 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF TO: Minnie Alexander c/o Thomas S. Beckley, Esquire 212 No~h 3~d Street P.O. Box 11998 Harrisburg, PA 17108-1998 AND NOW, this ~.day of October, 2003, Defendants, through their undersigned attorney, request that you produce the documents hereinafter specified at the offices of the undersigned within 30 days of the date of service hereof upon you, in accordance with the requirements of Pa. R.C.P. No. 4009.12. In accordance with Pa. R.C.P. 4002.1, this request has not been flied with the CourL Your responses are to be supplemented in accordance with Pa. R.C.P. No. 4007.4. :219521 5774-458 JOHNSON, DUFFLE, STEWART & WEIDNER C. Roy Weidner, Jr. A. CONSTRUCTION These requests shall be construed and interpreted in accordance with Pennsylvania Rules of Civil Procedure. The terms used herein shall have the same meaning as they have when used in the pleadings, or in other discovery requests where such terms are defined. In addition, the following words shall have the following meaning: 1, "Complained of by Plaintiff(s)" shall mean th(; averments in Plaintiff(s) complaint and opinions set forth in Plaintiff(s) exped witness reports. "Defendant" shall mean the party or parties pro13ounding this discovery, unless otherwise specified. "Document" shall include writings, drawings, graphs, charts, photographs, electronically created data and other compilations of data from which information can be obtained, translated, if necessary, by you or those acting on your behalf through detection or recovery devices to hard copy. "Incident" shall mean the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Relating to" shall mean constituting, referring to, reflecting, evidencing, memorializing, concerning, pertaining to, or in any way logically or factually connected with the matter referred to in the request. "Treatment" shall mean medical treatment and rehabilitative services, including, but not limited to, hospital, dental, surgical, psychiatric, psychological, osteopathic, ambulance, chiropractic, licensed physical therapy, nursing services, vocational rehabilitation and occupational therapy, speech pathology and audiology, optometric services, medications, medical supplies and prosthetic devices. "You" or "your" shall mean the party to whom these requests are addressed, and any persons, natural or otherwise, acting on behalf or with the knowledge of such party. B. SPECIFIC REQUESTS All reports of any investigation of the incident. ANSWER: All statements conceming the action or its subject matter as provided by Pa. R.C.P. No. 4003.4. ANSWER: Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of the scene of the incident during the course of any investigation of the incident, including photographs taken by you, experts and others. ANSWER: 4. All other photographs, videotapes, diagrams or other depictions of the scene of the incident. ANSWER: Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any injuries or residuals of injuries from the incident, including photographs taken by you, exper[s and others. ANSWER: All other photographs, videotapes, diagrams or other depictions of any injuries or residuals of injuries from the incident. ANSWER: Duplicate sets of photographs made from the original negatives of any and all photographs that were taken of any vehicles and/or property involved in the incident during the course of any investigation of the incident, including photographs taken by you, experts and ethers. ANSWER: All other photographs, videotapes, diagrams or other depictions of any vehicles and/or property involved in the incident. ANSWER: All bills by treatment providers from whom you received treatment for the injudes which you claim to have suffered in the incident. ANSWER: 10. Ail reports of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 11. Ail records of treatment providers from whom you received treatment for injuries which you claim to have suffered in the incident. ANSWER: 12. If you are claiming a loss of earnings or earning capacity, all of your federal, state and local income tax returns as filed and with attachments for the five years preceding the incident through the most recent such filing. ANSWER: 13. If you are claiming a loss of earnings or earning capacity, all reviews of your employment performance by any employer for the five years proceeding the incident until the most recent such review. ANSWER: 14. If you are claiming a loss of earnings or earning capacity, all letters, notices, or like communications from any employer relating to your employment for the five years preceding the incident until the most recent such communication. ANSWER: 15. If you are claiming a koss of earnings or earning capadty, all pay stubs, check stubs, direct deposit confirmations, or other such documents relating to any payments of compensation received by you from any employer for the year preceding the incident until the most recent such payment was received by you. ANSWER: 16. If you are claiming a loss of earnings or earning capacity, all statements of employment related benefits provided to you by any employer for the five years preceding the incident uniil the most recent such statement was provided to you. ANSWER: 17. If you are claiming a loss of eamings or earning capacity, any publication describing your fringe benefits. ANSWER: 18. If you are claiming a loss of earnings and earning capacity and received workers' compensation benefits as a result of the incident, all of the following documents related to your workers' compensation claim: (a) wage statements; (b) notices of compensation payable; (c) compensation agreements; (d) awards of compensation; (e) supplemental agreements; and (f) decisions terminating, suspending or modifying compensation, or approving commutations or settlement and release agreements. ANSWER: 19. All decl,aration pages or similar documents relating to insurance benefits available to you as a result of the incident. ANSWER: 20. All applications or other forms relating to any insurance benefits claimed by you as a result of injudes that you ctaim to have suffered in the incident. ANSWER: 21. All statements by any insurer relating to any acceptance, denial or payment of any claim by you for insurance benefits as a result of injuries that you claim to have suffered in the incident. ANSWER: 22, All statements by any insurer stating the amount or amounts of benefits paid to you as a result of injuries that you had claim to have suffered in the incident. ANSWER: 23. All documents relating to any claim by any insurer or other entity of a right of subrogation or repayment from any recovery that you received in this action, including, without limitation, for medical expenses and wage loss payments. ANSWER: 24. All documents about which you intend to question any witness (including non-party witnesses) at any deposition. ANSWER: 25. All documents about which you intend to question any witness (including non-party witnesses) at tdal. ANSWER: 26. All documents which you intend to use as exhibits at tdal. ANSWER: 27. All reports of expert witnesses whom you intend to call at tdal. ANSWER: 28. All documents which you intend to offer as evidence at trial. ANSWER: 29. All documents which you intend to otherwise use at tdal. ANSWER: 30. Ali documents identified or referred to in your answers to interrogatories. ANSWER: 31. Any release or other agreement entered into by you or on ,./our behalf settling, reducing, releasing or limiting the liability to you of any other person arising from or relating to the incident, whether or not that person is a party to this action. ANSWER: 32. Any pleadings (including any praecipe, writ or appearance) relating to any other action filed by you or on your behalf as a result of the incident. ANSWER: VERIFICATION The undersigned says that the facts set forth in the foregoing answers are true and corredt. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4g04, relating to unsworn falsifications to authorities. Minnie Alexander Dated: MINNIE ALEXANDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CBC STEAKHOUSE, INC., t/d/b/a BONANZA : STEAKHOUSE, TRIAD : FOOD SYSTEMS, INC., : WAYNE D. HILL, JOHN : C. BERG and WAYNE R.: PARET t/d/b/a HBP : ASSOCIATES, : Defendants : CIVIL ACTION - LAW NO. 03-3794 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of August, 2004, upon consideration of Defendants' Motion To Compel Answers to Interrogatories and Request for Production of Documents by Plaintiff, a Rule is hereby issued upon Plaintiffto show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~homas S. Beckley, Esq. 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Attorney for Plaintiff BY THE COURT, J. ~t/esley Oler, Jr."~, ~J. A / ,~!¢,C-,* . ~C. Roy Weidner, Jr., Esq. 301 Market Street Lemoyne, PA 17043-0109 Attorney for Defendants t/6~C Steakhouse, Inc. 909 Walnut Bottom Road Carlisle, PA 17013 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendants Triad Food Systems, Inc., Wayne D. Hill, John C. Berg and Wayne R. Paret t/d/b/a HBP Associates MINNIE ALEXANDER, Plaintiff CBC STEAKHOUSE, INC. t/d/b/a BONANZA STEAKHOUSE, TRIAD FOOD SYSTEMS, INC., WAYNE D. HILL, JOHN C. BERG and WAYNE R. PARET t/d/b/a HBP ASSOCIATES, Defendants · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN SYLVAN IA NO. 03-3794 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned action settled and discontinued, including all counterclaims, crossclaims and joinders of additional parties. JOHNSON, DUFFLE, STEWART & WEIDNER Y"~~. oy eidner, Jr. BECKLEY & MADDEN By:~ Thomas S. Beckley, Esquire :235453 5774-458 DISCONTINUANCE CERTIFICATE AND NOW, suit has been marked as above directed. PROTHONOTARY ~ ~ CERTIRCA TE OF SERVICE AND NOW, this ~.,~ ~day of December, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas S. Beckley, Esquire Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 CBC Steakhouse, Inc. 909 Walnut Bottom Road Carlisle, PA 17013 JOHNSON, DUFFLE, STEWART & WEIDNER ' (Michelle H. Spangler / ,~ :235453 5774-458 ',%