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HomeMy WebLinkAbout07-7405IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SANDRA L. DANNER and LARRY DANNER, wife and husband, 190 Fickes Road, Dillsburg, York County, File No. - d Pennsylvania Plaintiffs vs. CIVIL ACTION - LAW MCC SERVICES, INC., a Pennsylvania JURY TRIAL DEMANDED Business, 1010 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania, CCP & COMPANY, INC., 2112 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania, a Pennsylvania Corporation, t/d/b/a McDONALD'S, 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania, and McDONALD'S OF BOWMANSDALE, 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania Defendants PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the civil action in the above case. Writ of Summons shall be issued an o and d t Sh riff L Date: December 7, 2007 Signature of Attorney David W. Knauer, Esquire KNAUER & ASSOCIATES, L.S.P. 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 Supreme Court ID No.: 21582 TO: DEFENDANTS SUMMONS IN CIVIL ACTION YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINT FS HAVE COMMEN D AN ACTION AGAINST YOU. ro ho ,gptary/Cler Civil Div' Date: December 7, 2007 Deputy \M\ Fri ?J ss?+sv C-n co 0 -n .-q ?Tva A 1°' ? J " ? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DANNER SANDRA L ET AL VS MCC SERVICES INC ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MCC SERVICES INC the DEFENDANT , at 1200:00 HOURS, on the 26th day of December-, 2007 at 1010 CHIPPENHAM ROAD MECHANICSBURG, PA by handing to JIM MARDIS, OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge it o S/0 So Answers. 18.00 x-,- 13 .4 4 .58 10.00 R. Thomas Kline .00 42.02 12/28/2007 KNAUER & ASSOCIATES Sworn and Subscibed to before me this of By. day Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DANNER SANDRA L ET AL VS MCC SERVICES INC ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CCP & COMPANY INC T/D/B/A MCDONALD'S the DEFENDANT , at 2035:00 HOURS, on the 13th day of December-, 2007 at 2121 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA by handing to MICHAEL COLEMAN, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge //o t1oY C,1... So Answers: 6.00 , 9.60 .00 10.00 R. Thomas Kline .00 25.60 12/28/2007 KNAUER & ASSOCIATES Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DANNER SANDRA L ET AL VS MCC SERVICES INC ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon Mr''nnNTAT,n I .c nF RnwMANRnAT,R the DEFENDANT , at 2035:00 HOURS, on the 13th day of December-, 2007 at 2121 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA by handing to MICHAEL COLEMAN, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ,/0 P/C8 (?_ 6.00 .00 .00 10.00 00 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 12/28/2007 KNAUER & ASSOCIATES By: day eputy Sheriff A.D. R SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., et al. Defendants PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of David Knauer, Esquire, for Plaintiffs in the above matter. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-07405 : CIVIL ACTION -LAW KNAUER & ASSOCIATES, LSP David W. Knauer, Esquire Attorney I.D. No. 21582 411-A Easy iviain Street Mechanicsburg, PA 17055 Date: (717) 795-7790 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiffs, Sandra L. Danner and Larry Danner, with regard to the above-captioned matter. Date: '?_V'P NESTICO, DRUBY & HILDABRAND, PC R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717)533-5406? r .F> C= .. Cal l?! _)) --i CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, LLP, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this -?Yday of September 2010, on the following: Gerald J. Shekletski, Esquire Stone, Lafaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 arl R. Hildabrand FILED-CFECC' OF THE PROTHONOTARY NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandkhersheypalaw.com 2010 OC T 13 PM 1: 2 9 CUMBERLAND COUN-111-Y PENNSYLVANIA SANDRA L. DANNER and LARRY IN THE COURT OF COMMON PLEAS DANNER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2007-07405 MCC SERVICES, INC., CCP & Company, Inc. t/d/b/a McDonald's, McDonald's of Bowmansdale, Defendants CIVIL ACTION -LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiffs Sandra L. Danner and Larry Danner intend to proceed with the above captioned matter. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: f 2 o Attorney for Plaintiffs CERTIFICATE OF SERVICE 1. Karl R. Hildabrand, Esquire of the law firm Nestico. Druby & Hildabrand. LLP, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this ? y day of October 2010, on the following: Gerald J. Shekletski, Esquire Stone, Lafaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 Karl R. Hildabrand THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 ivn n i n t-ki4tthlaw. com SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants U-urr SCE "r;fH' bNOTAR 41 AUC, 1 I AM 11: 3 5 ,umBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John F. Yaninek, Esquire of Thomas, Thomas & Hafer, LLP on behalf of Defendants, CCP & Company, Inc. and McDonalds of Bowmansdale, only, in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: ?tornevs . Yan e , Esquire for Defendants Date: August 10, 2011 CERTIFICATE OF SERVICE I, Angela A. Kelly an employee of the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 THOMAS, THOMAS & HAFER, LLP Angela A. Kelly Date: August 10, 2011 977296.1 THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717.441-3952 w.com = i? ED-OFFICL t - - BTDONOTAR`( 20 i I AUG I I AM 11: 3 5 "IUMBERLAND COUNTY PENNSYLVANIA SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiffs to file a Complaint in the above matter within twenty (20) n days after service of the rule or suffer a judgment of non pros. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP fton F. Yarn k, Esquire rneys for Defendants, CCP & Company and McDonalds of Bowmansdale Date: August 10, 2011 CERTIFICATE OF SERVICE I, Angela A. Kelly an employee of the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 THOMAS, THOMAS & HAFER, LLP An el A. Kelly Date: August 10, 2011 977341.1 SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Sandra Danner and Larry Danner c/o Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 You are hereby directed to file a Complaint in the above-captioned matter within twenty (20) days or suffer a judgment of non pros. ,:r-z X/ 16,/ Prothonotary Date: qi(111 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire ::n PA Supreme Court I.D. 30102 840 East Chocolate Avenue N) Hershey, PA 17033 (717) 533-5406 khildabrandkhersheypalaw.com SANDRA L. DANNER and LARRY IN THE COURT OF COMMON PEWS OF DANNER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2007-07405 MCC SERVICES, INC., CCP & COMPANY, INC. t/d/b/a MCDONALD'S, : CIVIL ACTION - LAW MCDONALD'S OF BOWMANSDALE, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A- LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 249-316 800-990-9108 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrandghersheypalaw.com SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., CCP & COMPANY, INC. t/d/b/a MCDONALD'S, MCDONALD'S OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-07405 : CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Sandra L. Danner and Larry Danner are adult individuals, wife and husband, residing at 190 Fickes Road, Dillsburg, York County, Pennsylvania. 2. Defendant MCC Services, Inc. is a Pennsylvania corporation with its principal place of business located at 1010 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant CCP and Company, Inc., is a Pennsylvania corporation with its principal place of business located at 2112 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania and trades and does business as McDonald's Restaurant of Bowmansdale at 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. The aforesaid Defendants owned and/or operated the McDonald's restaurant located at 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania on or about December 9. 2005. 2 5. On or about December 9, 2005 at approximately 6:30 p.m. Plaintiff Sandra L. Danner was a business invitee traversing the front sidewalk and egress of the aforesaid McDonald's restaurant. 6. At the aforesaid time and place while stepping from the sidewalk to the macadam in order to reach her vehicle the Plaintiff, due to the hazardous condition of the premises, slipped and fell and was injured. 7. As a result of the aforesaid negligent conduct of Defendants, Plaintiff sustained the following harm: a. Injury to cervical, thoracic and lumbar spine b.. Injury to both shoulders c. Injury to neck d.. Fracture in back e. Mid thoracic spine/shoulder contusion f. Mid back pain g. Low back pain 8. Furthermore, as a result of the aforesaid negligence of Defendants, Plaintiff incurred medical expenses for medical care of her injuries, continues to suffer from said injuries, and may incur additional medical expenses in the future. 9. The aforesaid harm has caused, and may continue to cause, Plaintiff loss of income and loss of earning capacity for which recovery is sought herein. 10. Furthermore, as a result of the aforesaid negligence conduct of Defendants, Plaintiff has sustained physical and emotional harm and trauma, pain, suffering and inconvenience and loss of life's pleasures for which damages are sought herein. 3 COUNT I - PLAINTIFFS v. MCC SERVICES, INC. 11. Paragraphs 1 though 10 hereof are incorporated herein by reference. 12. Plaintiff s fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid condition. Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f. Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. g.. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. 4 h. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 13. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 14. It was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. WHEREFORE, Plaintiff demands judgment against Defendant MCC Services, Inc. in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and costs, plus interest, costs of suit and damages for delay. COUNT II - PLAINTIFFS v. CCP AND COMPANY, INC. t/d/b/a McDONALD'S 15. The averments of paragraphs 1 through 10 are incorporated herein by reference. 16. Plaintiff s fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a.. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid condition. 5 Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. g. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. h. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. j. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 17. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 18. It was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. 6 WHEREFORE, Plaintiff demands judgment against Defendant. CCP AND COMPANY, INC. t/d'b/a McDONALD'S in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and costs, plus interest, costs of suit and damages for delay. COUNT III - PLAINTIFFS v. McDONALD'S OF BOWMANSDALE 19. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 20. Plaintiff's fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid. condition. Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f. Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. 7 g;. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. h_. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. j. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 21. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 22. 11: was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. WHEREFORE, Plaintiff demands judgment against McDonald's of Bowmansdale in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and cost, plus interest, costs of suit and damages for delay. NESTICO, DRUBY & HILDABRAND, PC .) f r Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: r l'- Attorney for Plaintiffs 8 VERIFICATION I, Sandra L. Danner, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Sandra L. Danner VERIFICATION I, Larry Danner, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: l2 1.-' Larry D er CERTIFICATE OF SERVICE L, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this day of March 2012, on the following: John Yaninek Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 MCC Services, Inc. 1010 Chippenham Road Mechanicsburg, PA 17055 i arl R. Hildabrand C- _ THOMAS, THOMAS & HAFER, LLP `y - ; John F. Yaninek, Esquire Attorney ID #55741 C" PO Box 999 -<> tt? Harrisburg, PA 17108-0999 < y -, 717-441-3952 "> 3:.' ' 3 jyaninek@tthlaw.com Attorn4$ r DefendAii:; SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMA P?A j CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PREUMNARY OBJECTIONS OF DEFENDANTS CCP & COMPANY, INC. AND MCDONALD'S OF BOWMANSDALE TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansd.ale, by and through their counsel, Thomas, Thomas & Hafer, LLP, and bring the following Preliminary Objections to Plaintiffs' Complaint, and in support thereof, aver as follows: 1. Plaintiffs brought the within lawsuit against Objecting Defendants as the result of a fall that occurred on December 9, 2005. Plaintiff Sandra Danner claims to have sustained various injuries as a result of the accident. See Complaint, a true and correct copy of which is attached hereto and identified as Exhibit A. 2. Plaintiffs' Complaint fails to conform to the Pennsylvania Rules of Civil Procedure and as a result, Objecting Defendants bring the within Preliminary Objections to Plaintiffs' Complaint before this Honorable Court. MOTION TO STRIKE PARAGRAPHS 160, 16(I), AND 16 (J) CONTAINED WITHIN PLAINTIFFS' COMPLAINT FOR FAILING TO COMPLY WITH PENNSYLVANIA RULE OF CIVIL PROCEDURE 1019(a) 3. Objecting Defendants CCP & Company, Inc., and McDonald's of Bowmansdale incorporate by reference Paragraphs 1 through 2 of their Preliminary Objections as though the same were set forth herein at length. 4. In Paragraphs 16(h), (i) and 0) of Plaintiffs' Complaint, Plaintiffs claim that the negligence of Objecting Defendants consisted of. (h) Defendants failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm; (i) Defendants failed to anticipate potential harm to business invitees and eliminate the risk of harm; and 0) Defendants failed to exercise a reasonable degree of caution and skill reasonably required under the circumstances. ¶ 16. 5. Under Pennsylvania law, averments of liability are subject to scrutiny under the specificity requirements of Pa. R.C.P. 1019(a). 6. By not specifically listing the claimed items of alleged negligence in Paragraphs 16(h), (i), and 0), and instead stating ambiguously with respect to the alleged negligence in those paragraphs, Plaintiffs have violated Pennsylvania Rule of Civil Procedure 1019(a) in that Plaintiffs have not stated all the material facts in a concise and summary form. 7. In ruling on the specificity of a plaintiff's allegations, Pennsylvania Courts have sustained Preliminary Objections under circumstances similar to those in the instant case. See, Connor v. Allegheny Hosp. 461 A.2d 600 (Pa. 1983). 8. Without striking the foregoing, Objecting Defendants would be left to speculate as to what other claims of negligence Plaintiffs may claim as a result of this incident and as to the entirety of Plaintiffs' claims of injuries. These violations significantly impede Objecting Defendants' ability to defend against the claims raised in this case, and are in direct violation of Pa. R.C.P. 1019(a). 9. As such, this Honorable Court should strike Paragraphs 16(h), (i) and (j) of Plaintiffs' Complaint. WHEREFORE, Defendants CCP & Company, Inc., and McDonald's of Bowmansdale request that this Honorable Court strike Paragraphs 16(h), (1), and (j) from Plaintiffs' Complaint. MOTION TO STRIKE PARAGRAPHS 200, 20(I), AND 120(4) CONTAINED WITHIN PLAINTIFFS' COMPLAINT FOR FAILING TO COMPLY WITH PENNSYLVANIA RULE OF CIVIL PROCEDURE 1019(a) 10. Objecting Defendants incorporate by reference Paragraphs 1 through 9 of their Preliminary Objections as though the same were set forth herein at length. 11. In Paragraphs 20(h), (i) and (j) of Plaintiffs' Complaint, Plaintiffs claim that the negligence of Objecting Defendants consisted of (h) Defendants failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm; (i) Defendants failed to anticipate potential harm to business invitees and eliminate the risk of harm; and (j) Defendants failed to exercise a reasonable degree of caution and skill reasonably required under the circumstances. ¶ 20. 12. Under Pennsylvania law, averments of liability are subject to scrutiny under the specificity requirements of Pa. R.C.P. 1019(a). 13. By not specifically listing the claimed items of alleged negligence in Paragraphs 20(h), (i), and (j), and instead stating ambiguously with respect to the alleged negligence in those paragraphs, Plaintiffs have violated Pennsylvania Rule of Civil Procedure 1019(a) in that Plaintiffs have not stated all the material facts in a concise and summary form. 14. In ruling on the specificity of a plaintiff's allegations, Pennsylvania Courts have sustained Preliminary Objections under circumstances similar to those in the instant case. See, Connor v. Allegheny Hosp. 461 A.2d 600 (Pa. 1983). 15. Without striking the foregoing, Objecting Defendants would be left to speculate as to what other claims of negligence Plaintiffs may claim as a result of this incident and as to the entirety of Plaintiffs' claims of injuries. These violations significantly impede Objecting Defendants' ability to defend against the claims raised in this case, and are in direct violation of Pa. R.C.P. 1019(a). 16. As such, this Honorable Court should strike Paragraphs 20(h), (1) and (j) of Plaintiffs' Complaint. WHEREFORE, Defendants CCP & Company, Inc., and McDonald's of Bowmansdale respectfully request that the Court strike Paragraphs 16(h) (i) and (j) and Paragraphs 20(h) (i) and (j) of Plaintiffs' Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP r B hn F. Yam 4k, Esquire Attorneys for Defendants CCP & Company, Inc. and McDonalds of Bowmansdale Date: March 16, 2012 EXHIBIT "A" NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrand(a%ersheypalaw.com SANDRA L. DANNER and LARRY IN THE COURT OF COMMON PLEAS OF DANNER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2007-07405 MCC SERVICES, INC., CCP &. COMPANY, INC. t/d/b/a MCDONALD'S, : CIVIL ACTION - LAW MCDONALD'S OF BOWMANSDALE, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 249-316 800-990-9108 NESTICO, DRUBY & HILDABRAND, PC Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabranda,hersheypalaw.com SANDRA L. DANNER and LARRY : IN THE COURT OF COMMON PLEAS OF DANNER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2007-07405 MCC SERVICES, INC., CCP & COMPANY, INC. t/d/b/a MCDONALD'S, : CIVIL ACTION - LAW MCDONALD'S OF BOWMANSDALE, Defendants JURY TRIAL DEMANDED COMPLAINT Plaintiffs Sandra L. Danner and Larry Danner are adult individuals, wife and husband, residing at 190 Fickes Road, Dillsburg, York County, Pennsylvania. 2. Defendant MCC Services, Inc. is a Pennsylvania corporation with its principal place of business located at 1010 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant CCP and Company, Inc., is a Pennsylvania corporation with its principal place of business located at 2112 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania and trades and does business as McDonald's Restaurant of Bowmansdale at 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. The aforesaid Defendants owned and/or operated the McDonald's restaurant located at 2121 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania on or about December 9. 2005. 2 5. On or about December 9, 2005 at approximately 6:30 p.m. Plaintiff Sandra L. Danner was a business invitee traversing the front sidewalk and egress of the aforesaid McDonald's restaurant. 6. At the aforesaid time and place while stepping from the sidewalk to the macadam in order to reach her vehicle the Plaintiff, due to the hazardous condition of the premises, slipped and fell and was injured. 7. As a result of the aforesaid negligent conduct of Defendants, Plaintiff sustained the following harm: a. Injury to cervical, thoracic and lumbar spine b. Injury to both shoulders c. Injury to neck d. Fracture in back e. Mid thoracic spine/shoulder contusion f. Mid back pain g. Low back pain 8. Furthermore, as a result of the aforesaid negligence of Defendants, Plaintiff incurred medical expenses for medical care of her injuries, continues to suffer from said injuries, and may incur additional medical expenses in the future. 9. The aforesaid harm has caused, and may continue to cause, Plaintiff loss of income and loss of earning capacity for which recovery is sought herein. 10. Furthermore, as a result of the aforesaid negligence conduct of Defendants, Plaintiff has sustained physical and emotional harm and trauma, pain, suffering and inconvenience and loss of life's pleasures for which damages are sought herein. 3 COUNT I - PLAINTIFFS v. MCC SERVICES, INC. 11. Paragraphs 1 though 10 hereof are incorporated herein by reference. 12. Plaintiff s fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid condition. Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f. Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. g. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. 4 h. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. j. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 13. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 14. It was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. WHEREFORE, Plaintiff demands judgment against Defendant MCC Services, Inc. in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and costs, plus interest, costs of suit and damages for delay. COUNT II - PLAINTIFFS v. CCP AND COMPANY, INC. t/d/b/a McDONALD'S 15. The averments of paragraphs 1 through 10 are incorporated herein by reference. 16. Plaintiffs fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid condition. Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f. Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. g. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. h. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. i. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. j. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 17. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 18. It was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. 6 WHEREFORE, Plaintiff demands judgment against Defendant. CCP AND COMPANY, INC. t/d/b/a McDONALD'S in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and costs, plus interest, costs of suit and damages for delay. COUNT III - PLAINTIFFS v. McDONALD'S OF BOWMANSDALE 19. The averments of paragraphs 1 through 10 hereof are incorporated herein by reference. 20. Plaintiff s fall was caused, either directly, proximately and/or substantially by the negligence of the Defendant, the owner and operator of the business in question, in the following particulars: a. Defendant knew, or should have known, that ice had accumulated on the sidewalk and macadam where customers were required to walk in order to access their vehicles in ridges or elevations of such size in character as to unreasonably obstruct travel and constitute a danger to pedestrians traveling thereon. b. Defendant had notice, either actual or constructive, of the existence of the aforesaid condition. C. Defendant failed to utilize reasonable care and take necessary actions to remove the ice, or salt, sand or otherwise reduce or eliminate the hazard presented to business invitees such as Plaintiff and others traversing said premises. d. Defendant failed to utilize ice and snow melt, salt, sand or other materials present on the premises despite knowledge of the regular use of the area in question by business invitees and despite knowledge of the hazardous condition existing with respect to said walkways. e. Defendant failed to utilize reasonable and appropriate procedures, policies and inspections to maintain the premises in a reasonably safe condition. f. Defendant failed to follow company rules, policies and procedures with respect to inspection and elimination of hazardous conditions. 7 g. Defendant failed to reasonably and properly train and supervise employees and staff to maintain the premises in a reasonably safe condition for business invitees such as Plaintiff. h. Defendant failed to use reasonable care in the maintenance and use of the property and to protect invitees from foreseeable harm. i. Defendant failed to anticipate potential harm to business invitees and to eliminate the risk of harm. j. Defendant failed to exercise that degree of caution and skill reasonably required under all the circumstances. 21. Furthermore, Defendant failed to exercise reasonable care and inspect and eliminate a hazardous condition under the property's roof, awning or overhang. 22. It was the dangerous accumulation of ice and the failure of Defendant to properly remedy the known hazardous condition that caused the Plaintiff to fall. WHEREFORE, Plaintiff demands judgment against McDonald's of Bowmansdale in an amount not in excess of Fifty Thousand Dollars ($50,000.00) exclusive of interest and cost, plus interest, costs of suit and damages for delay. NESTICO, DRUBY & HILDABRAND, PC ( Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 Date: Attorney for Plaintiffs 8 VERIFICATION I, Sandra L. Danner, verify that the statements made in the foregoing document are true and correct 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 unworn falsification to authorities. Date: -45L), Z-e-ze -*- 'e ZZQJ'J'."? Sandra L. Danner VERIFICATION I, Larry Danner, verify that the statements made in the foregoing document are true and correct 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 unworn falsification to authorities. Date: Larry Darer CERTIFICATE OF SERVICE I,. Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, PC, hereby certify that I served a true and exact copy of the foregoing document referenced to the foregoing action by First Class Mail, postage prepaid, this day of March 2012, on the following: John Yaninek. Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 MCC Services, Inc. 1010 Chippenham Road Mechanicsburg, PA 17055 Cw2arl r -?? X? .Hildabrand CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Preliminary Objections on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 MCC Services, Inc. 1010 Chippenham Road Mechanicsburg, PA 17050 THOMAS, THOMAS & ey tl)rC Angela( A. Kelly Date: March 16, 2012 LLP 1064545.1 THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 ivaninek(iOhlaw.corn L+:L t 1'?P?NSY?VAt?IA SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO ISSUANCE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Additional Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas, with copies of the subpoenas attached thereto, was mailed or delivered to each party; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. Counsel have indicated that they have no objection to the proposed Subpoenas and are willing to waive the remainder of the 20-day notice; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. Respectfully submitted, Date: March 23, 2012 THOMAS, THOMAS & HAFER, LLP o nek, Esquire t-lfttorney ID #55741 Attorneys for Defendants THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 .com for Defendants SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERYPURSUANT TO RULE 4009.22 TO: Sandra Danner and Larry Danner c/o Karl. R. Hildabrand, Esquire 840 East Chocolate Avenue Hershey, PA 17033 Defendant intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objections to this subpoena. If no objections are made, the subpoena will be served. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: J F. Yani , Esquire Attorneys for Defendants CCP & Company and McDonalds of Bowmansdale Date: March 9, 2012 SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/dfb/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Dr. Katherine Thevenin-Smaltz Dillsburg Family Health Center 204 Mumper Lane Dillsburg, PA 17019 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things : Complete cony of all medical records iertaining to Sandra Danner (SS #207-54-5856; DOB: 5/22/45) including but not limited to' medical records evaluations consultation reports nursing notes therapy notes progress notes records of other health care providers reports of diagnostic studies, correspondence and bills from December 9 2000 to the Rresent to: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendants BY THE COURT: DATE Prothonotary/Clerk, Civil Division Seal of the Court Deputy SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWIVIANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIN7IL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Orthopedic Institute of Pennsylvania 3399 Trindle Road Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Sandra Danner (SS #207-54-5856; DOB: 5/22/45) including but not limited to' medical records evaluations consultation reports nursing notes, therapy notes, progress notes records of other health care providers reports of diagnostic studies, correspondence and bills from December 9 2000 to the present to: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendants BY THE COURT: DATE Prothonotary/Clerk, Civil Division Seal of the Court Deputy SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Janet Cincotta, M.D. 2140 Fisher Road Mechanicsburg, PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Sandra Danner (SS #207-54-5856; DOB: 5/22/45) including but not limited to: medical records evaluations consultation reports nursing notes, therapy notes, progress notes records of other health care providers reports of diagnostic studies, correspondence and bills from December 9 2000 to the present to: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendants BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Hamilton Health Center 1821 Fulton Street Harrisburg, PA 17102 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertaining to Sandra Danner (SS #207-54-5856; DOB: 5122/45) including but not limited to' medical records evaluations consultation reports nursing notes therapy notes, prozress notes records of other health care providers reports of diagnostic studies, correspondence and bills from December 9 2000 to the Rresent to: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999 Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendants BY THE COURT: DATE Prothonotary/Clerk, Civil Division Seal of the Court Deputy SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Drayer Physical Therapy 5108 East Trindle Road, Suite 200 Mechanicsburg, PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copy of all medical records pertainina to Sandra Danner (SS #207-54-5856; DOB: 5/22/45), including but not limited to: medical records evaluations consultation reports, nursing notes, therapy notes, progress notes records of other health care providers, reports of diagnostic studies, correspondence and bills from December 9 2000 to the present to: Thomas, Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John F. Yaninek, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7131 SUPREME COURT ID#: 55741 ATTORNEY FOR: Defendants BY THE COURT: DATE Prothonotary/Clerk, Civil Division Seal of the Court Deputy CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Notice of Intent to Serve Subpoenas on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 THOMAS, THOMAS & HAFER, LLP By. Angela . elly Date: March 9, 2012 1061498.1 CERTIFICATE OF SERVICE I, Deborah A. Tamny, a Paralegal for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 840 East Chocolate Avenue Hershey, PA 17033 THOMAS, THOMAS & HAFER, LLP Deborah A. Tamny, Paralegal Dated: March 23, 2012 996091.1 THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 w.com H'! I ;APR 20 All 11: 10 U-1 3 E R L A X10 C 0 C fly Ty Attorneys for Defendants, P E N q S Y LVA 1,41 A CCP & Company, Inc. and McDonalds of Bowmansdale SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC., t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR JOINDER WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Joinder Writ of Summons in the above-captioned action directed to Additional Defendant A&D Dreisman Lawn Service, 4705 Gettysburg Road, Mechanicsburg, PA 17055. The Writ shall be issued and forwarded to the Sheriff for service at the addressed indicated. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Esquire By: A?ysTorY-5eifendanttsCCP& Company and McDonald's of Bowmansdale Date: 1+0 q11 9--- CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Joinder Writ of Summons on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, PC 84o East Chocolate Avenue Hershey, PA 17033 THOMAS, THOMAS & Michael K. Bangs, Esquire Bangs Law Office, LLC 429 South 18th Street Camp Hill, PA 17011 By: Kelly LLP Date: Lj/[Ci l ?.- 1072404.1 SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC., t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS TO: A&D Dreisman Lawn Service, 4705 Gettysburg Road, Mechanicsburg,PA 17055 You are notified that CCP & Company, Inc., t/d/b/a McDonald's, and McDonald's of Bowmansdale have joined you as an Additional Defendant in the above- captioned action. a&41r;--C1 - ?4? - Prothonotary Date: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t1) Sheriff THE PRO TKN ! r7j `:' Jody S Smith Chief Deputy Richard W Stewart Solicitor Sandra L. Danner vs. A & D Dreisman Lawn Service G 2612 MAY -6 AM 9: 57 CUMBERLAND COUNTY PENNSYLVANIA Case Number 2007-7405 SHERIFF'S RETURN OF SERVICE 05/03/2012 11:11 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 1111 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: A & D Dreisman Law Service now known as A & D Reisman Law Service, by making known unto David Reisman, Owner of A & D Reisman Law Service at 4705 Gettysburg Road, theme tim e handing to Mechanicsburg, Cumberland County, Pennsylvania 17055 its contentsIj him personally the said true and correct copy of the same. / SHERIFF COST: $38.45 May 04, 2012 WN HANWSON, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,Cou a?te5he ,.... 3 SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs v. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC., t/d/b/a MCDONALD'S; and MCDONALD'S OF BOVVMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO.0~-7405 CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED _- - ORDER AND NOW, this a ~ "clay of ~ , 2012, upon Defendants CCP & Company and McDonald's of Bowmansdale's Motion for Status Conference, it is hereby ORDERED that a Status Conference will be held on this matter on the / 4~day of ABM 2oi2, at ~o'~ o'clock a.m./p.m. The conference ~n~ill take place before the Honorable ~ "L ~ ~ in Courtroom and counsel for all parties shall attend. Distribution: _ BY THE COURT: ~: , ~ ~~ -- rn c~ ~ _- - cn r N ~ :::j l ms's ~ 1 ~w~ ~V-, ~~ t.a_. ~- ~ s ~ Et'.~.~ ~ ~.:a / Karl Hildagrand, Esquire, Lavery, Faherty & Patterson, PO Box 1245, Harrisburg, PA i~io8-1245 /John F. Yaninek, Esquire, Thomas, Thomas & Hafer, LLP, PO Box 999, Harrisburg, PA i~io8-0999 ~~;eS /hQ . ~fG~ //I~~/id ~~ Ff QUO THOMAS, THOMAS&HAFER,LLP JUG. j (� John F.Yaninek;Esquire Attorney ID#55741 CUMBERS A�d. Harr AFd1 TY Harrisburg,PAI17108-0999 1'EfdP SYZ AN 717-441-3952 aninek @tthlaw.com Attorneys for Defendants SANDRA L. DANNER and IN THE COURT OF,COMMON PLEAS LARRY.DANNER, husband and wife, CUMBERLAND.CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM V. CIVIL ACTION—LAW MCC SERVICES, INC., a Pennsylvania ' Business; CCP & COMPANY, INC, JURY.TRiAL DEMANDED t/d/b/a MCDONALDS; and . .c MCDONALDS OF BOWMANSDALE, Defendants UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE J , AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, Thomas, Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows' 1. This action arises out of a slip and fall incident that occurred on December 9, 2005 at the McDonald's restaurant. located at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On Decemberll, 2012 the Court entered an Order setting a discovery 'deadline of July 1, 2013. 3. In February 2013, David,W. Knauer, Esquire entered his appearance on behalf of the Plaintiff,, with a mailing address of 1542 Lookout Springs Drive, Colorado Springs, Colorado. f . 1 4. Defendant noticed Plaintiff's deposition for June 21, 2013. 5. Plaintiff has requested the deposition be rescheduled until August when he plans to travel to Pennsylvania. 6. Defendant has consented to the rescheduling of Plaintiff's deposition. 7. Since the discovery deadline would run July 1, 2013, the parties are in agreement to extend the discovery deadline to September 6, 2013. S. Counsel for Plaintiff concurs in this Motion. 9. Neither party will be prejudiced if this Honorable. Court extends the discovery deadline. WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to September 6, 2013. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: o n 3F. anin refiendants re tor CCP & Company, Inc. and McDonalds of Bowmansdale Date: June 13, 2013 CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United States mail, postage r prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 THOMAS, THOMAS & HAFER, LLP By: Angel' . K ly Date: June 13, 2013 1304960.1 SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANKER, husband and wife, CUMBERLAND.CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM V. 1 CIVIL ACTION–LAW MCC SERVICES, INC., a Pennsylvania Business; CCP &tCOMPANY, ING, JURY TRIAL DEMANDED ' t/d/b/a MCDONALDS; and 1VICDONALBS OF BOWMANSDALE, Defendants ORDER l AND NOW, this Lq—^day of 2013 upon consideration i r of the- .Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to September 6, 2013. 1 BY THE COURT: I J , 0 10 f t {�y 7 O 3 r � iJi` THE i THOMAS,THOMAS&HAFER,LLP ���3 TM � �: Q John F.Yaninek,Esquire Attorney ID#55741 PO Box 999 CUMBERLAND COUNTY Harrisburg,PA 17108-0999 P E N N S Y LVA N1 A 717-441-3952 aninek @tthlaw.com Attorneys for Defendants SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA. Plaintiffs NO. 07-7405 CIVIL TERM l V. CIVIL ACTION— LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, JURY TRIAL DEMANDED t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, Thomas', Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows: 1. This action arises out of a slip and fall incident that occurred on December 9, 2005 at the McDonald's restaurant located`at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. - On June 19, 2013, the Court entered an Order setting a discovery deadline of September 6, 2013. 3. Counsel for the Plaintiffs and counsel for the Defendants require additional time to obtain records before Plaintiff can be deposed. 1 r 4. Although counsel for Plaintiffs and Defendants have made multiple requests to Medicare for their records and Defendants have requested Medicare records directly, Medicare has not yet provided same. Given the potential for a Medicare claim, neither Plaintiffs nor Defendants can complete discovery and prepare for trial. 5. Since the discovery deadline would run September 6, 2013, the parties are in agreement to extend the discovery deadline to December 31, 2013. 6. Counsel for Plaintiffs concurs in this Motion. 7. Neither party will be prejudiced if this Honorable Court extends the discovery deadline. WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to December 31, 2013. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By= VJ n .Yani Wendants Esquire neys for CCP & Company, Inc. and McDonalds of Bowmansdale Date: August 6, 2013 C CERTIFICATE OF SERVICE I, Angela A. Kelly, an employee of the law firm of Thomas,-Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 THOMAS, THOMAS & HAFER, LLP Angel A. Kelly Date: August 6, 2013 1331013.1 SANDRA-L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM V. CIVIL ACTION—LAW' MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, ING, JURY TRIAL DEMANDED t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants ORDER ! AND NOW, this/ ;Oday of , 2013, upon consideration of the Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to. December 31, 2013. BY THE,G:O- T: J. fv1 W - �1 W C -= ES LcT1C ev /3�l3 SANDRA L. DANNER and LARRY : IN THE COURT OF COMMON PLEAS DANNER,husband and wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • v. NO. 2007-07405 `1" MCC SERVICES, INC., a Pennsylvania : cr, - Business; CCP & COMPANY, INC., -- t/d/b/a MCDONALDS, and : �' — -� MCDONALDS OF BOWMANSDALE, : CIVIL ACTION - LAW • -n Defendants : ? � Q STIPULATION FOR DISMISSAL OF PARTY It is hereby stipulated between the parties hereto that Defendant, MCC Services, Inc., a Pennsylvania Business is hereby dismissed from this action as a party Defendant. Respectfully Submitted, • Date: aril iaoW3 �� I avid ■. Knauer, Esquire Attorney for Plaintiffs, Sandra L. Danner and Larry Danner,husband and wife Date: 0 l V-. Jo trYaninek, Es Attorney for Defenda . CCP & Company, Inc., t/d/b/a McDonalds and McDonalds of Bowmansdale .. . -..... 3 SANDRA L. DANNER and LARRY : IN THE COURT OF COMMON PLEAS DANNER, husband and wife, •• CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. •• NO. 2007-07405 MCC SERVICES, INC., a Pennsylvania • �, ,1 , Business; CCP & COMPANY, INC., • t/d/b/a MCDONALDS, and : -4 MCDONALDS OF BOWMANSDALE, •• CIVIL ACTION - LAW --.1 Defendants <`--' - >c-;, � ORDER OF COURT AND NOW, this / 7 day of d G/V , 2013, upon consideration of the Stipulation for Dismissal of Party, it is hereby ORDERED that Defendant MCC Services, Inc., a Pennsylvania Business, is hereby dismissed from this action as a Party Defendant. BY THE CO t : 411111111111.11P7' gr. J. cc: David W. Knauer, Esquire, 1542 Lookout Springs Drive, Colorado Springs, CO 80921 John F Yaninek, Esquire, 305 N. Front Street, Harrisburg, PA 17101 t.Ca frZett€CL 10 (7/13 THOMAS,THOMAS &HAFER,LLP ,r t , e John F.Yaninek,Esq uire `Attorney ID#55741 Box 999 PO Harrisburg,PA 17108-0999 l, 717-441-3952 jyaninek • tthlaw.com Attorneys for Defendants SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM v. CIVIL ACTION—LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a JURY TRIAL DEMANDED MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, Thomas, Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows: 1. This action arises out of a slip and fall incident that occurred on December 9, 2005, at the McDonald's restaurant located at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On August 12, 2013, the Court entered an Order setting a discovery deadline of December 31, 2013. 3. Defendants have acted diligently and attempted to obtain all medical records and lien information as expeditiously as possible so as to be able to schedule the deposition of Plaintiffs. 2 4. Defendants aver that a sixty (60) day extension of the discovery deadline will be appropriate to afford it time to obtain medical records from Orthopedic Institute of Pennsylvania, lien information and to complete depositions. 5. Counsel for Plaintiffs concur in this Motion and the parties are in agreement to extend the discovery deadline until February 28, 2014. 6. Neither party will be prejudiced if this Honorable Court extends the discovery deadline. WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to February 28, 2014. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By (/' J• . Yani .quire orneys for De endants CCP & Company, Inc. and McDonalds of Bowmansdale Date: Novembe{Z , 2013 3 CERTIFICATE OF SERVICE I, Deborah A. Tamny, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 THOMAS, THOMAS & HAFER, LLP Deborah A. Tamny DATE: Novembe20, 2013 1331013.2 1 SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM v. CIVIL ACTION—LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a JURY TRIAL DEMANDED MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants ORDER AND NOW, this /O day of , 2013, upon consideration of the Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to February 28, 2014. BY T. RT: J. Core l'Es fill_ady_c_L ..". rri rn - Rj.R( K-A-12u.2.14--, 4). { Ll 0 c,: /•Z/io/i 3 •=r)/k 1 1 r` THOMAS,THOMAS&HAFER, LLP 2Or'-�i r FEB 12 m 1. r John F.Yaninek,Esquire �,r Attorney ID#55741 f "f�.,`7t? fir' 4 `PO ox 999 Ha Bsburg,PA 17108-0999 `d5}'� ,ti 717-441-3952 jyaninek @tthlaw.com Attorneys for Defendants SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM v. CIVIL ACTION—LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a JURY TRIAL DEMANDED MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, John F. Yaninek of Thomas, Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows: 1. This action arises out of a slip and fall incident that occurred on December 9, 2005, at the McDonald's restaurant located at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On December 10, 2013, the Court entered an Order setting a discovery deadline of February 28, 2014. 3. Defendants have acted diligently and attempted to obtain all medical records and lien information as expeditiously as possible so as to be able to schedule the deposition of 2 Plaintiffs, but have been unable to obtain the medical records from Plaintiffs treating orthopedic physician to date. 4. Defendants and Plaintiffs aver that a sixty (60) day extension of the discovery deadline will be appropriate to afford it time to obtain medical records from Orthopedic Institute of Pennsylvania, lien information and to complete depositions. 5. Counsel for Plaintiffs concurs in this Motion and the parties are in agreement to extend the discovery deadline until April 30, 2014. 6. Neither party will be prejudiced if this Honorable Court extends the discovery deadline. WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to April 30, 2014. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: 411/41,;-A - J . Yaninek, Esquire A e . eys for Defendants CCP & Company, Inc. and McDonalds of Bowmansdale Date: February 11, 2014 3 w P° CERTIFICATE OF SERVICE I, Deborah A. Tamny, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 THOMAS, THOMAS & HAFER, LLP Deborah A. Tamny DATE: February 11, 2014 1331013.3 ,‘ SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER,husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM v. CIVIL ACTION–LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;,tld/b/a JURY TRIAL DEMANDED MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants ORDER AND NOW, this /97day of , 2014, upon consideration of the Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to April 30, 2014. BY THE C• .. ' J. i E,S 0/41.1 tecL cnr' — o ay/oq _<>c C7 1 THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 jyaninek @tthlaw.com Attorneys for Defendants SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs v. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/dlb /a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION — LAW JURY TRIAL DEMANDED UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, John F. Yaninek of Thomas, Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows: 1. This action arises out of a slip and fall incident that occurred on December 9, 2005, at the McDonald's restaurant located at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On February 19, 2014, the Court entered an Order setting a discovery deadline of April 30, 2014. 3. Defendants' and Plaintiffs' counsel have attempted to obtain all medical records and information as expeditiously as possible so as to be able to schedule the deposition of Plaintiff, but have been unable to obtain the medical records from the Plaintiffs treating orthopedic physician, Orthopedic Institute of Pennsylvania and Plaintiff's family physician, Janet Cincotta, MD to date, as to both offices will not produce the medical records in response to Defendants' subpoenas, but also are requiring an authorization signed by Plaintiff, Sandra Danner. 4. Defendants' and Plaintiffs' counsel have attempted to obtain all medical records and information as expeditiously as possible with Plaintiff's counsel providing signed releases that were provided to Defendants' representative, but have been unable to obtain the medical records from the Plaintiff's treating orthopedic physician, Orthopedic Institute of Pennsylvania and Plaintiff's family physician, Janet Cincotta, MD to date, because Defendants' representative did not promptly provide the said releases to the medical offices. 5. Defendants and Plaintiffs aver that a sixty (60) day extension of the discovery deadline will be appropriate to afford it time to obtain medical records from Orthopedic Institute of Pennsylvania and Dr. Cincotta, as well as obtain current lien information and to complete depositions. 6. Counsel for Plaintiffs concurs in this Motion and the parties are in agreement to extend the discovery deadline until June 30, 2014. 7. Neither party will be prejudiced if this Honorable Court extends the discovery deadline. e- WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to June 30, 2014. Date: April 21, 2014 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP VA F. Y. I k, Esquire orneys fo efendants CCP & Company, Inc. and McDonalds of Bowmansdale • CERTIFICATE OF SERVICE I, Deborah A. Tamny, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United States mail, postage prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 DATE: April 21, 2014 1486818.1 THOMAS, THOMAS & HAFER, LLP Deborah Tammy • ••••• • , SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs V. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION — LAW JURY TRIAL DEMANDED ORDER AND NOW, this oli'day of" PL1L , 2014, upon consideration of the Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to June 30, 2014. es ir2I'LL • syla y rfl 1486818i >2 . -7-i (). 3 THOMAS, THOMAS & HAFER, LLP John F. Yaninek, Esquire Attorney ID #55741 PO Box 999 Harrisburg, PA 17108-0999 717-441-3952 jyaninek # tthlaw.com SANDRA L. DANNER and LARRY DANNER, husband and wife, Plaintiffs v. MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants r r' THE Pii'OTHONO-Tk,. 20i4Jill,'I9P<1: US rll,'I9P<1: UNBERLAND PENNSYLVANIA COUNTY Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7405 CIVIL TERM CIVIL ACTION — LAW JURY TRIAL DEMANDED UNCONTESTED MOTION FOR EXTENSION OF DISCOVERY DEADLINE AND NOW, come Defendants, CCP & Company, Inc., and McDonald's of Bowmansdale, by and through their counsel, John F. Yaninek of Thomas, Thomas & Hafer, LLP, and bring the following Uncontested Motion for Extension of Discovery Deadline in support thereof, aver as follows: 1. This action arises out of a slip and fall incident that occurred on December 9, 2005, at the McDonald's restaurant located at 1222 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On April 28, 2014, the Court entered an Order setting a discovery deadline of June 30, 2014. 3. Plaintiffs' counsel and the insurance adjuster are in the process of discussing a possible settlement of this case, but to date, have been unable to settle the matter. 5. Defendants and Plaintiffs aver that a ninety (90) day extension of the discovery deadline will be appropriate to afford Defendants time to complete medical records procurement and conduct depositions of Plaintiffs in the event settlement does not occur. 6. Counsel for Plaintiffs concurs in this Motion and the parties are in agreement to extend the discovery deadline until September 30, 2014. 7. Neither party will be prejudiced if this Honorable Court extends the discovery deadline. WHEREFORE, Defendants respectfully request the Court issue an Order extending the discovery deadline to September 30, 2014. By: Date: June 18, 2014 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP JoF. Yaninek, Iii wire Attorneys for Defen. . is CCP & Company, Inc. and McDonalds of Bowmansdale CERTIFICATE OF SERVICE I, Deborah A. Tamny, an employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing Motion on the following persons by placing same in the United. States mail, postage prepaid, and addressed as follows: David Knauer, Esquire 542 Lookout Springs Drive Colorado Springs, CO 80921 THOMAS, THOMAS & HAFER, LLP C DATE: June 18, 2014 1486818.2 Deborah A. Tamny , . %, .. 3 SANDRA L. DANNER and IN THE COURT OF COMMON PLEAS LARRY DANNER, husband and wife, CUMBERLAND CO., PENNSYLVANIA Plaintiffs NO. 07-7405 CIVIL TERM V. CIVIL ACTION—LAW MCC SERVICES, INC., a Pennsylvania Business; CCP & COMPANY, INC;, t/d/b/a JURY TRIAL DEMANDED MCDONALDS; and MCDONALDS OF BOWMANSDALE, Defendants ORDER 4tt& AND NOW, this c2day of 1.--'1- , 2014, upon consideration of the Uncontested Motion to Extend Discovery Deadline, it is hereby ORDERED that the deadline to complete discovery is extended to September 30, 2014. 00 BY T... - ii i'? T: .,..— J. is ea ri2.41.1t€CC e144:P 1/• 1/.....bamoL, Q-i-4/J . Yaus'ioLL c-3 r- -,1 = L-----) --17 --. teitiliti n CO C— =rn = i--• (J)r-- N., %-____J-ry) L'.C) 5C---- W ...-4 --. 1486818.2