Loading...
HomeMy WebLinkAbout03-4126IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER DOUGLAS W. HENCH CIVIL DIVISION No. 03-4126 Plaintiffs, ISSUE NO.: vs. WOODRICH ENTERPRISES, INC., Defendant. NOTICE TO TAKE ORAL DEPOSITION OF PLAINTIFF, DIANA WEBER Filed on Behalf of Defendant: Woodrich Enterprises, Inc. Counsel of Record for this Party: GERALD J.HUTTON PA I.D. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm I.D. No.: 150 JURY TRIAL DEMANDED 03-4126 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 034126 Plaintiffs, VS. WOODRICH ENTERPRISES, INC., Defendant. NOTICE TO TAKE ORAL DEPOSITION TO: DIANA WEBER, PLAINTIFF c/o Nusrat J. Rashid Leonard K. Hill & Associates Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 Please take Notice that on OCTOBER 06, 2004, beginning; at 11:00 a.m., in the offices of CENTRAL PA COURT REPORTING SERVICE located at 8 South Hanover, Suite 211, Carlisle, PA 17013, the defendant, WOODRICH ENTERPRISES, INC., will take the deposition of, DIANA WEBER upon oral examination pursuant to the Rules of Civil Procedure before an official Court Stenographer or by some other person authorized by law to administer oaths. The scope of the within deposition will include all matters which are relevant to the issues in this case. You are invited to attend and cross-examine if you wish to do so. BASHLINE & HiT]CTON BY: GERALD J. HUTTON, ESQUIRE Attorney for Defendant, WOODRICH ENTERPRISES, INC. 03-4126 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Notice to Take Oral Deposition of Diana Weber, Plaintiff was served via U.S. First Class Mail, postage pre-paid, on this ,2 tl -A day of September, 2004, upon the following counsel of record: Nusrat J. Rashid, Esquire Leonard K. Hill & Associates LEONARD K. HILL & ASSOCIATES Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (Attorney for Plainfiffi ?V GERALD). HUTTON, ESQUIRE Attorney for Defendant, WOODRICH ENTERPRISES, INC. N n ? C r --??ttt'?7 Cn fir; s 5> C W (?3 -n h 7 0 a 5 ??rn `y? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER DOUGLAS W. HENCH Plaintiffs, Vs. WOODRICH ENTERPRISES, INC., CIVIL DIVISION No. 03-4126 ISSUE NO.: NOTICE TO TARE ORAL DEPOSITION OF PLAINTIFF, DOUGLAS W. HENCH Defendant. Filed on Behalf of Defendant: Woodrich Enterprises, Inc. Counsel of Record for this Party: GERALD J.HUTTON PA I.D. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm I.D. No.: 150 JURY TRIAL DEMANDED 03-4126 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 034126 Plaintiffs, VS. WOODRICH ENTERPRISES, INC., Defendant. NOTICE TO TAKE ORAL DEPOSITION TO: DOUGLAS W. HENCH, PLAINTIFF c/o Nusrat J. Rashid Leonard K. Hill & Associates Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 Please take Notice that on OCTOBER 06, 2004, beginning at 12:00 o'clock noon, in the offices of CENTRAL PA COURT REPORTING SERVICE located at 8 South Hanover, Suite 211, Carlisle, PA 17013, the defendant, WOODRICH ENTERPRISES, INC., will take the deposition of Plaintiff, DOUGLAS W. HENCH upon oral examination pursuant to the Rules of Civil Procedure before an official Court Stenographer or by some other person authorized by law to administer oaths. The scope of the within deposition will include all matters which are relevant to the issues in this case. You are invited to attend and cross-examine if you wish to do so. BASHLINE & HUTTON r BY: ? m. GERALD J. HUTTON, ESQUIRE Attorney for Defendant, WOODRICH ENTERPRISES, INC. 03-4126 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Notice to Take Oral Deposition of Plaintiff, Douglas Hench was served via U.S. First Class Mail, postage pre-paid, on this 1 day of September, 2004, upon the following counsel of record: Nusrat J. Rashid, Esquire Leonard K. Hill & Associates LEONARD K. HILL & ASSOCIATES Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (Attorney forPlainfi§) GERALD J. HUITON, ESQUIRE Attorney for Defendant, WOODRICH ENTERPRISES, INC. ? o r T S. C/) Cn T2 ry? ryC W C,JI O N THIS IS AN ARBITRATION MATTER. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. LEONARD K. HILL & ASSOCIATES BY: LEONARD K. HILL Ii entification No. 81849 Suite 520, Two Penn Center Plaza P 3iladelphia, PA 19102 (2-5)567-7600 DIANA WEBER DOUGLAS W.HENCH Plaintiffs VS. YCDONALDS RESTAURANT Attorney for Plaintiff I COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TRIAL DIVISION TERM, 2003 WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendant No.03 -yGZ? eiui?, l l CIVIL ACTION-COMPLAINT-SLIP & FALL NEGLIGENCE-PREMISES LIABILITY 2S AVISO NOTICE Yoi have been sued in court. If you wish to defend ageiist the claims act forth in the following pages, you mean take action within twenty (20) days after this con )faint and notice are served, by entering a written appearance personally or by attorney and filing in writ ng with the court your defenses or objections to the cla ems set forth against you. You are warned that if you fail o do so the case may proceed without you and a judgment may be entered against you by the court withwt further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other riglais important to you. Le ban demandado a usted en la torte. Si usted quiere defeaderse de estas demandas expuestas en las paginas siguientes, noted tiene veinte (20) dies de plazo al partir de Is fecha de Is demands y Is notification. Hace faita asentar una comparencia escrita o en persona o con on abogado y entregar a la torte en persona o con on abogado y entregar a Is corte en forma escrita sus defeasas o sus objeciones a las demandas en contra de so persona. Sea avisado que A usted no se defieade, Is come tomara medides y puede continuar is demands en contra soya sin previo aviso o notification. Ademas, Is come puede decidir a favor del demandante y requiere que usted cumpla con todas has provisiones de esta demands. Cited puede perder dinero o sus propiedades u otros derechos importantes pars usted. YOI SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CONNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FEED OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Bar Association Lawyer Referral and Information Carlisle, PA 07013 (717) 240-6159 LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFICIMENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociacion De Licencisdo De Cumberland Carlisle, PA 07013 717) 240-6159 LEONARD K. HILL & ASSOCIATES BY: LEONARD K. HILL It-.ntification No. 81849 S jite 520, Two Penn Center Plaza P i iladelphia, PA 19102 (2--5) 567-7600 DIANA WEBER 211. EAST PORTLAND STREET N: XIIANICSBURG, PA 17055 DOUGLAS W. HENCH 2P.- EAST PORTLAND STREET P = ILADELPHIA, PA 19131 VS. K CDONALDS RESTAURANT 5550 CARLISLE PIKE K'?CHANICSBURG, PA 17050 W OODRICH ENTERPRISES, INC. 52 66 E. TRINDLE ROAD K-CCHANICSBURG, PA 17050 IVCHARD WOODRUFF 526 E. TRINDLE ROAD MECHANICSBURG, PA 17050 TERM, 2003 NO. 03 -AJ/.X (.:1C' CIVIL ACTION-COMPLAINT-SLIP & FALL NEGLIGENCE-PREMISES LIABILITY 2S GENERAL AVERMENTS Plaintiff, Diana Weber, is an individual citizen and resident of the Commonwealth of Pennsylvania, County of Cumberland, residing therein at 201 E. Portland Street, Mechanicsburg, 17055. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TRIAL DIVISION 2 2. Plaintiff, Douglas W. Hench, is an individual citizen and resident of the Commonwealth of Pennsylvania, County of Cumberland, residing therein at 201 E. Portland Street, Mechanicsburg, 17055. 3. Defendant, McDonalds Restaurant, is an entity, with a principal place of business located in the Commonwealth of Pennsylvania, County of Cumberland at 5550 Carlisle Pike, Mechanicsburg, 17050. 4. Defendant, Woodrich Enterprises, Inc., is an entity, with a principal place of business located in the Commonwealth of Pennsylvania, County of Cumberland at 5266 E. Trindle Road, Mechanicsburg, 17050. 5. Defendant, Richard Woodruff, is an individual citizen, with a principal place of business located in the Commonwealth of Pennsylvania, County of Cumberland at 5266 E. Trindle Road, Mechanicsburg, 17050. 6. On or about August 23, 2001, Plaintiff, Diana Weber, was traversing the interior of the Defendants' premises, when she was suddenly and unexpectedly caused to slip and fall due to a liquid substance which existed on, of and about the floor of the subject premises, thereby causing Plaintiff to sustain serious and permanent injuries which will hereinafter be more fully described. COUNTI DIANA WEBER VS. MCDONALDS RESTAURANT. NEGLIGENCE 7. Plaintiff, Diana Weber, hereby incorporates by reference hereto, paragraphs I through 6, inclusively, as if the same were fully set forth herein at length. 3 8. The aforementioned incident was caused solely by the negligence of the Defendant in failing to properly maintain their premises and whose negligence, recklessness and carelessness consisted, of the following: (a) failing to properly inspect, discover and remedy the defective condition which existed on, of and about the floor of the premises, which the Defendant knew or reasonably should have known existed prior to the time of Plaintiff's fall; (b) failing to warn members of the general public of the dangerous conditions which existed; (c) allowing a dangerous and hazardous condition to exist on, of and/or about the subject premises; (d) failing to properly maintain the subject premises in accordance with the laws, ordinances and statutes of the Commonwealth of Pennsylvania and County of Cumberland; 9. At all times mentioned herein, Plaintiff, Diana Weber, acted with due care and was not contributorily negligent. 10. As a result of the aforementioned incident, Plaintiff was caused to sustain serious and permanent injuries in, on and about her person, including but not limited to injuries to her leg and entire body which will cause her and will continue to cause to her a great deal of pain, suffering, agony, inconvenience, and which is permanent in nature and character. 4 11. As a result of the aforementioned incident and resulting injuries, Plaintiff, Diana Weber, has been caused to and will be caused to expend various sums of money for medicine and medical attention in an effort to treat and cure herself of these injuries and to have essential services performed during the duration of her physical impairment, all to her great financial detriment and loss. Wherefore, Plaintiff, Diana Weber , hereby demands judgment against Defendant, McDonalds Restaurant, in an amount not in excess of Fifty Thousand ($50,000) Dollars. COUNT II DIANA WEBER VS. WOODRICH ENTERPRISES, INC. NEGLIGENCE 12. Plaintiff, Diana Weber, hereby incorporates by reference hereto, paragraphs 1 through 11, inclusively, as if the same were fully set forth herein at length. 13. The aforementioned incident was caused solely by the negligence of the Defendant in failing to properly maintain their premises and whose recklessness and carelessness of consisted of the following: (a) failing to properly inspect, discover and remedy the defective condition which existed on, of and about the floor of the premises which the Defendant knew or reasonably should have known existed prior to the time of Plaintiffs fall; (b) failing to warn members of the general public of the dangerous conditions which existed; 5 (c) allowing a dangerous and hazardous condition to exist on, of and/or about the subject premises; (d) failing to properly maintain the subject premises in accordance with the laws, ordinances and statutes of the Commonwealth of Pennsylvania and County of Cumberland; 14. At all times mentioned herein, Plaintiff, Diana Weber, acted with due care and was not contributorily negligent. 15. As a result of the aforementioned incident, Plaintiff was caused to sustain serious and permanent injuries in, on and about her person, including but not limited to injuries to her leg and entire body which will cause her and will continue to cause to her a great deal of pain, suffering, agony, inconvenience, and which is permanent in nature and character. 16. As a result of the aforementioned incident and resulting injuries, Plaintiff, Diana Weber, has been caused to and will be caused to expend various sums of money for medicine and medical attention in an effort to treat and cure herself of these injuries and to have essential services performed during the duration of her physical impairment, all to her great financial detriment and loss. Wherefore, Plaintiff, Diana Weber, hereby demands judgment against Defendant, Woodrich Enterprises, Inc., in an amount not in excess of Fifty Thousand ($50,000) Dollars. 6 COUNT III DIANA WEBER VS. RICHARD WOODRUFF NEGLIGENCE 17. Plaintiff, Diana Weber, hereby incorporates by reference hereto, paragraphs 1 through 16, inclusively, as if the same were fully set forth herein at length. 18. The aforementioned incident was caused solely by the negligence of the Defendant in failing to properly maintain their premises and whose recklessness and carelessness consisted of the following: (a) failing to properly inspect, discover and remedy the defective condition which existed on, of and about the floor of the premises which the Defendant knew or reasonably should have known existed prior to the time of Plaintiffs fall; (b) failing to warn members of the general public of the dangerous conditions which existed; (c) allowing a dangerous and hazardous condition to exist on, of and/or about the subject premises; (d) failing to properly maintain the subject premises in accordance with the laws, ordinances and statutes of the Commonwealth of Pennsylvania and County of Cumberland; 19. At all times mentioned herein, Plaintiff, Diana Weber, acted with due care and was not contributorily negligent. 7 20. As a result of the aforementioned incident, Plaintiff was caused to sustain serious and permanent injuries in, on and about her person, including but not limited to injuries to her leg and entire body which will cause her and will continue to cause to her a great deal of pain, suffering, agony, inconvenience, and which is permanent in nature and character. 21. As a result of the aforementioned incident and resulting injuries, Plaintiff, Diana Weber, has been caused to and will be caused to expend various sums of money for medicine and medical attention in an effort to treat and cure herself of these injuries and to have essential services performed during the duration of her physical impairment, all to her great financial detriment and loss. Wherefore, Plaintiff, Diana Weber, hereby demands judgment against Defendant, Richard Woodruff, in an amount not in excess of Fifty Thousand ($50,000) Dollars. COUNT IV LOSS OF CONSORTIUM DOUGLAS W. HENCH V. ALL DEFENDANTS 22. Paragraphs 1 through 22 of the Complaint are incorporated herein by reference. 23. As a result of the aforementioned injuries sustained by his wife-Diana Weber, the Plaintiff, Douglas W. Hench, has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. 8 WHEREFORE, Plaintiff, Douglas W. Hench, hereby demand judgment against Defendants, McDonalds Restaurant, Woodrich Enterprises, Inc. and Richard Woodruff, in an amount not in excess of Fifty Thousand ($50,000) Dollars. jLEONARD K HILL, ESQUIRE -41K Attorney for Plaintiff VERIFICATION The undersigned states that he/she is the attorney representing the named plaintiff herein and verifies that the statements made in the foregoing Complaint-Civil Action are true and correct to the best of his/her knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. DATED:' ,2003 ,III Signature rIca^ iL V l r ? v s f Trvl , .-1 ' c`n r 1 cr. =< LEONARD K. HILL & ASSOCIATES, P.C. BY: LEONARD K. HILL, ESQUIRE Identification No. 81849 Attorney for Plaintiff Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (215) 567-7600 DIANA WEBER COURT OF COMMON PLEAS CUMBERLAND COUNTY DOUGLAS W. HENCH CIVIL TRIAL DIVISION Plaintiffs VS. MCDONALDS RESTAURANT WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendant NO. 03-4126 PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the Complaint in the above-captioned matter for an additional thirty (30) days. F ?r??1.GOHA+471 LEONARD K. HILL, ESQUIRE Attorney for Plaintiff E l ?? "4 S SHERIFF'S RETURN - REGULAR CASE NO: 2003-04126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBER DIANA ET AL VS MCDONALDS RESTAURANT ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCDONALDS RESTAURANT the DEFENDANT , at 0936:00 HOURS, on the 25th day of September, 2003 at 5550 CARLISLE PIKE MECHANICSBURG, PA 17050 by handing to SEAN FOX, ASST MANAGER, ADULT IN CHARGE 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: So Answers: R. Thomas Kline JJ Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this day of &U3 A. D. 'P7othonotary 09/26/2003 LEONARD K HILL By: 'get? Sh if SHERIFF'S RETURN - REGULAR CASE NO: 2003-04126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBER DIANA ET AL VS MCDONALDS RESTAURANT ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODRICH ENTERPRISES INC the DEFENDANT , at 1102:00 HOURS, on the 25th day of September, 2003 at 5256 E TRINDLE ROAD MECHANICSBURG, PA 17050 by handing to RICHARD WOODRUFF, OWNER, ADULT IN CHARGE 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 6.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 23.59 Sworn and Subscribed to before me this a21 c4 day of IJCI.Qu,.vt23 A. D. rothonotary J So Answers: R. Thomas Kline 09/26/2003 LEONARD HILL By: ep ty ri f y SHERIFF'S RETURN - REGULAR CASE NO: 2003-04126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEBER DIANA ET AL VS MCDONALDS RESTAURANT ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODRUFF RICHARD the DEFENDANT , at 1102:00 HOURS, on the 25th day of September, 2003 at 5256 E TRINDLE ROAD MECHANICSBURG, PA 17050 by handing to RICHARD WOODRUFF 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 r./?j of K3 A.D. So Answers: Sworn and Subscribed to before me this 2,K-A- day of R. Thomas Kline 09/26/2003 LEONARD HILL By: De u +y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANA WEBER DOUGLAS W. HENCH Plaintiffs, VS. MCDONALD'S RESTAURANT CIVIL DIVISION No. 03-4126 ISSUE NO.: PRAECIPE FOR APPEARANCE WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendants. Filed on Behalf of Defendants MCDONALD'S RESTAURANT WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Counsel of'Record for this Party: JAMES E. KENNEDY PA I.D. No. 20030 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm I.D. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 03-4126 Plaintiffs, ISSUE NO.: Vs. MCDONALD'S RESTAURANT WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendants. PRAECIPE FOR APPEARANCE To the Prothonotary: You are hereby requested to enter my appearance on behalf of McDonald's Restaurant, Woodrich Enterprises, Inc., and Richard Woodruff, the Defendants in the afore-captioned case. JURY TRIAL DEMANDED. BASHLINE & HUTTON CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served via U.S. First Class Mail, postage pre-paid, on this __47 day of October, upon the following counsel of record: Leonard K. Hill, Esquire LEONARD K. HILL & ASSOCIATES Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (Attomey forPlainzif mes E. Kennedy Attorney for Defendants n - 7> c. :' 1 G, `< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER DOUGLAS W. HENCH Plaintiffs, Vs. MCDONALD'S RESTAURANT CIVIL DIVISION No. 03-4126 ISSUE NO.: STIPULATION and MOTION TO AMEND CAPTION WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendants. Filed on Behalf of Defendants McDonald's Restaurant, Woodrich Enterprises, Inc. and Richard Woodruff Counsel of Record for this Party: JAMES E. KENNEDY PA I.D. No. 20030 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391=7005 Firm I.D. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DIANA WEBER and DOUGLAS W. HENCH, NO 03-4126 Plaintiffs, VS. MCDONALDS RESTAURANT, WOODRICH ENTERPRISES, INC. AND RICHARD WOODRUFF Defendants. MOTION TO AMEND CAPTION AND NOW, come the Defendants, identified by Plaintiffs as McDonalds Restaurant, Woodrich Enterprises, Inc. and Richard Woodruff, and submit the following Motion pursuant to the Stipulation of the parties, which is attached hereto, and set forth the following: 1. This is an action for personal injuries allegedly occurring on or about August 23, 2001 in a McDonald's restaurant located at 5550 Carlisle Pike, Mechanicsburg, PA 17050 2. Plaintiffs have been advised by the Defendants' counsel that the McDonald's restaurant on Carlisle Pike in Mechanicsburg, PA is a franchise restaurant operated by Woodrich Enterprises, Inc. and there is no such legal entity as "McDonalds Restaurant." Counsel for all parties have jointly executed the attached Stipulation setting forth their understanding and agreement to amend the caption and dismiss the Plaintiffs' claims against "McDonald's Restaurant" and Richard Woodruff, an individual. 3. Defendants request that the caption be amended pursuant to the parties' stipulation so that the action proceeds solely against Woodrich Enterprises, Inc. WHEREFORE, the parties respectfully request this Court grant this Motion to Amend the Caption pursuant to the Stipulation of the parties and enter the enclosed Order of Court. Respectfully submitted, BY JAMES E. KENNEDY, ESQU Attorney for Defendants, MCDonalds Restaurant, Woodrich Enterprises, Inc. and Richard Woodruff Consented to on behalf of plaintiffs: u Nusrat J. R jd, Esq. Attorney for Plaintiffs r? ? N c3 it _ r? I ?'? iV ?t f w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION DIANA WEBER, and DOUGLAS W. BENCH, Plaintiffs vs. MCDONALDS RESTAURANT, WOODRICH ENTERPRISES, INC., and RICHARD WOODRUFF, Defendants. STIPULATION No.03-4126 WHEREAS; Diana Weber and Douglas W. Bench, have commenced this action against the above-named Defendants; WHEREAS, Plaintiffs seek to secure money damages as a consequence of an accident that allegedly occurred on August 23, 2001 in a McDonalds restaurant located at 5550 Carlisle Pike, Mechanicsburg, PA 17050; WHEREAS, counsel for Defendants Woodrich Enterprises, Inc. and Richard Woodruff has advised Plaintiffs' counsel that the restaurant located at 5550 Carlisle Pike, Mechanicsburg, PA is a franchisee restaurant operated as a McDonald's Restaurant by defendant Woodrich Enterprises, Inc., and that there is no such legal entity as McDonalds Restaurant; WHEREAS, Defendant Woodrich Enterprises, Inc., with a corporate address of 5256 (mistakenly stated as 5266 in Plaintiffs' Complaint) Trindle Road is in fact the franchise operator of the McDonalds restaurant located at 5550 Carlisle Pike, Mechanicsburg, PA and is generally responsible for the day-to-day operation of the subject restaurant, including inspection, maintenance or clean up responsibilities associated with the restaurant; NOW THEREFORE, the parties to this action agree to amend the caption in this action to dismiss "McDonalds Restaurant" and Richard Woodruff as parties; AND FUTHER, the parties agree that the caption in this action be amended as follows: Diana Weber and Douglas W. Hence, Plaintiffs V. Woodrich Enterprises, Inc., Defendant. AND FURTHER, it is agreed that in the event that plaintiffs shall later determine that a cause of action does or may exist against the dismissed parties, to wit "McDonald's Restaurant" or Richard Woodruff, then plaintiffs may add such entities as defendants and said defendants will not raise the statute of limitations or other defenses pertaining to the passage of time (but reserving all other defenses). IT IS SO AGREED AND STIPULATED Nusrat J. shEsquire Counsel for Plaintiffs, Diana Weber and Douglas W. Hench J es E. Kennedy, Esquire ounsel for Defendants, McDonalds Restaurant, Woodrich Enterprises, Inc., and Richard Woodruff DATED: / 0 ? N Cp _ S -TI n -? T L> u -"< k.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 03-4126 Plaintiffs, ISSUE NO.: VS. MCDONALD'S RESTAURANT WOODRICH ENTERPRISES, INC. RICHARD WOODRUFF Defendants. NOTICE OF SERVICE I hereby certify that a copy of the STIPULATION and MOTION TO AMEND CAPTION have been served upon Plaintiffs counsel, Nusrat J. Rashid, Esquire, on this 31 day of March, 2004. BASHLINE & HUTTON E. KENNEDY 7 for Defendants n N ° O r - s n $? j T F1 2 r1l r (? • j CJ ' k.0 APR 0 6 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DIANA WEBER and DOUGLAS W.HENCH, Plaintiffs, VS. MCDONALDS RESTAURANT, WOODRICH ENTERPRISES, INC. AND RICHARD WOODRUFF Defendants. ORDER OF COURT NO 03-4126 AND NOW, this r day of 12 n? , 2003, upon presentation of the attached Motion to Amend Caption filed by the parties and in accordance with the STIPULATION of the parties, it is herby ORDERED, ADJUDGED and DECREED that: 1. the caption of this action is hereby amended as follows: Diana Weber and Douglas W. Hench V. Woodrich Enterprises, Inc. 2. plaintiffs' causes of action shall proceed solely against Woodrich Enterprises, Inc.; 3. all references in the pleadings to McDonalds Restaurant and Richard Woodruff as defendants are hereby deleted without further amendment by the parties. z - a c4A 0q-o?-0v Vlf r 1" ' ? Z I :I I Irv 8- ndlv UN, h.1i1Qii_U7d 'T =? 'd C?-tl3ii:f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER DOUGLAS W. HENCH CIVIL D [VISION No. 03-4126 Plaintiffs, VS. WOODRICH ENTERPRISES, INC., PRAECIPE FOR SUBSTITUTION OF APPEARANCE Defendant. Filed on ]Behalf of Defendant, Woodrich Enterprises, Inc. Counsel of Record for this Parry: GERALD J. HUTTON PA I.D. No23098 BASHLI:NE & HUTTON Suite 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUN[BERLAND COUNTY, PENNSYLVANIA DIANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 03-4126 Plaintiffs, VS. WOODRICH ENTERPRISES, INC., Defendant. PRAECIPE FOR SUBSTITUTION OF APPEARANCE To the Prothonotary: Kindly substitute the appearance of Gerald J. Hutton, esquire on behalf of the Defendant in the above-captioned matter, for James E. Kennedy, Esquire. JURY TRIAL DEMANDED. BASHLINE & HUTTON m4 GERALD J.HUTTON Attorney for Defendant Woodrich Enterprises, Inc. CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SUBSTITUTION OF APPEARANCE was served via U.S. First Class Mail, postage pre-paid, on this S__ day of ' 2004, upon the following counsel of record: Nusrat J. Rashid, Esquire LEONARD K. HILL & ASSOCIATES Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (Attorney for Plaintif Gerald J. Hutton Attorney for Defendant, Wooodrich Enterprises, Inc. :h ? LLJ ? ; n G' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA WEBER CIVIL DIVISION DOUGLAS W. HENCH No. 03-4126 Plaintiffs, ISSUE NO.: Vs. ANSWER AND NEW MATTER WOODRICH ENTERPRISES, INC., Defendant. Filed on Behalf of Defendant: Woodrich Enterprises, Inc. Counsel o f Record for this Party: GERALD J.HUTTON PA I.D. No. 23098 BASHLINE & HUTFON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm I.D. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DIANA WEBER and DOUGLAS W. HENCH, Plaintiffs, VS. WOODRICH ENTERPRISES, INC., Defendant. ANSWER AND NEW MATTER AND NOW, comes the defendant, Woodrich Enterprises Inc. and states that it has a full, just, complete and legal defense to the averments contained in the plaintiffs' Complaint and in support thereof sets forth the following: 1. The allegations contained in plaintiffs' Complaint identifying defendant as Woodrich Enterprises, Inc. are admitted, although by making this admission, defendant Woodrich Enterprises, Inc makes no admission as to any allegations of negligence or liability contained in the plaintiffs' Complaint as all allegations of negligence and liability are denied. 2. As to those allegations contained in paragraphs 3 and 5 of the plaintiffs' Complaint, defendant Woodrich Enterprises, Inc is advised that said allegations have been withdrawn in accordance with the stipulation of the parties and Order of Court entered April 8, 2003 and to which this defendant need not respond further. 3. As to those allegations appearing in Counts III and V of the plaintiffs' Complaint, defendant Woodrich Enterprises, Inc is advised that these allegations have been dismissed in accordance with the stipulation of the parties and Order of Court entered April 8, 2003 and to which this defendant need not respond further. Should further response be required to the allegations contained in Counts III and V of the plaintiffs' complaint by this defendant Woodrich Enterprises, Inc, said allegations appearing in paragraphs 7 through 10 and 17 through 21 inclusive of the plaintiffs' Complaint are denied in general in accordance with Rule 1029 of the Pennsylvania Rules of Civil Procedure. 4. The allegations appearing in plaintiffs' Complaint alleging negligence and/or liability on the part of defendant Woodrich Enterprises, Inc. are denied. Defendant Woodrich Enterprises, Inc denies being negligent in general or as more particularly set forth in the plaintiffs' Complaint. Further, defendant denies that there existed a dangerous or defective condition on its premises and defendant denies that any such alleged dangerous or defective condition was the legal and proximate cause of any injuries or damages complained of by plaintiffs herein. To the contrary, defendant's premises were maintained in a proper manner and in accordance with standards applicable to defendant Woodrich Enterprises, Inc. Accordingly, all such allegations of negligence and liability appearing in plaintiffs' Complaint, including those set forth in paragraphs 6 and 13 are denied and strict proof thereof is demanded at trial. 5. Defendant Woodrich Enterprises, Inc is advised. by counsel that it may set forth a general denial to the allegations appearing in the plaintiffs' Complaint, and accordingly, to the extent that they have not been either admitted or expressly denied in the preceding paragraphs of this Answer, the averments contained in paragraphs 1, 2, 6, 12 through 16 inclusive, and paragraphs 22 through 23 inclusive of the plaintiffs' Complaint are denied in general in accordance with Pa.R.Civ.P. 1029. Strict proof thereof is demanded at trial. 6. As to any and all allegations that plaintiff Diana Weber sustained injuries or damages, including any such allegations appearing in paragraphs 15, 16, 22 and 23 of the plaintiffs' Complaint, said allegations are denied in general and in accordance with Amended Rule 1029 of the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at trial. WHEREFORE, defendant Woodrich Enterprises, Inc demands that judgment be entered in its favor, with costs in its behalf sustained. NEW MATTER By way of further, more complete Answer, the defendant Woodrich Enterprises, Inc sets forth the following New Matter: 7. Plaintiffs' Complaint fails to set forth a cause of action recognized at law. 8. Defendant asserts plaintiffs' contributory and/or comparative negligence in general as an affirmative defense in accordance with Rule 1030 of the Pennsylvania Rules of Civil Procedure. 9. Defendant asserts plaintiffs assumption of the risk and/or voluntarily assumption of the risk in general as an affirmative defense in accordance with Rule 1030 of the Pennsylvania Rules of Civil Procedure. 10. In the event that it is established at trial that plaintiff Diana Weber suffers from any injury as claimed, which allegations have been denied by defendant for the reasons set forth in the preceding paragraphs of this Answer, then in that event, said injury was the result of a pre- existing and/or unrelated medical condition and for which defendant Woodrich Enterprises, Inc is not liable or responsible to plaintiffs. 11. Defendant Woodrich Enterprises, Inc while denying any negligence or liability on its part, avers that in the event plaintiff was involved in an incident as alleged, then in that event said incident was due to the acts of third persons or parties other than defendant, whose acts were independent, intervening, superseding and for which defendant Woodrich Enterprises, Inc is not liable or responsible to plaintiff. 12. In the event that it is established that plaintiffs' action was commenced more than two years after the accident, then in that event, plaintiffs' action is barred by the applicable two- year statute of limitations. WHEREFORE, defendant Woodrich Enterprises, Inc demands that judgment be entered in its favor, with costs in its behalf sustained. la e & Hutton B f? Gerald J. Hutton, Esquire Attorney for Defendant Woodrich Enterprises, Inc 03-4126 VERIFICATION I, Gerald J. Hutton, Esquire, do hereby verify that I am the attorney of record in the within matter. I aver that the statements of fact contained in the attached Answer and New Matter are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: August 05, 2004 Gerald r Hutton, Esquire Attorney for Defendant, Woodrich Enterprises, Inc. 03-4126 CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing Answer and New Matter was served via U.S. First Class Mail, postage pre-paid, on this 5 _ day of August, 2004, upon the following counsel of record: Nusrat J. Rashid, Esquire Leonard K. Hill & Associates LEONARD K. HILL & ASSOCIATES Suite 520, Two Penn Center Plaza Philadelphia, PA 19102 (Attorney for Plaintif G r d J. Hutton Attorney for Defendant, Woodrich Enterprises, Inc. 1 r[ 1 ?C?! ern L} NARD K. HILL & ASSOCIATES, P.C. LEONARD K- HILL, ESQUIRE Attorney for Plaintiff ification No. 81849 1510, Two Penn Center Plaza idelphia, PA 19102 1567-7600 Weber VS. Enterprises L,oun of I v,11111vu a ate,.,, Cumberland County No. 03-4126 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, Woodrich Enterprises 1-12 Denied. All factual allegations, if any, stated by defendant are hereby denied. Furthermore, defendants are stating conclusions of law to which no response is mandated pursuant to the Pennsylvania Rules of Civil Procedure. Wherefore, this allegation is denied in its entirety and strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiff requests judgment in her favor and against the Defendants for the damages and costs of suit as stated in Plaintiffs Complaint. LEONARD IC HILL & ASSOCIATES, P.C. 4W BY: LEONARD K. HILL, ESQUIRE VERIFICATION The averments or denials contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true; but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. LEONARD K. HILL & ASSOCIATES, P.C. BY: LEONARD K. HILL, ESQUIRE August 18, 2004 Curtis R. Long Prothonotary office of the Vrotbonotarp ?untberra?nb ?ou>rYtp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 3 - 141._ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573