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HomeMy WebLinkAbout07-7588DONALD BARRES and MARYANN : IN THE COURT OF COMMON PLEAS BARRES, individually and as : CUMBERLAND COUNTY, PENNSYLVANIA parents and natural guardians of GIANNA L. BARRES, a minor, PLAINTIFF V. lerrM HERSHA HOSPITALITY MANAGEMENT : No ??- 75$8 01VII COMPANY, T/E/B/? HARRISBURG. CARLISLE RESIDENCE INN, DEFENDANT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-500-990-9108 717-249-3166 NOTICIA Lehan demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ]ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, PLAINTIFF V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/E/B/A HARRISBURG- CARLISLE RESIDENCE INN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . No. ® 7- COMPLAIN T 1. Plaintiffs, Donald Barres and Maryann Barres are adult individuals who currently reside at 9 Delaney Court, Manalapan, New Jersey 07726. 2. Plaintiffs are the parents and natural guardians of the minor Plaintiff, Gianna L. Barres (D.O.B.: 8-11-96). 3. Defendant, Hersha Hospitality Management Company, is a Pennsylvania Corporation. Defendant is the owner/operator of the Harrisburg-Carlisle Residence Inn 1 Hampton Court, Carlisle, PA 17013. 4. On May 25, 2007, Donald and Maryanne Barres checked into the Residence Inn. The Barres' were in Central Pennsylvania to allow their daughter Gianna L. Barres, to participant in a youth softball tournament. 5. The Residence Inn has an in-door swimming pool that is available for guests of the hotel. 6. During the late afternoon/early evening hours of May 25, 2007, Gianna L. Barres was using the swimming pool. 7. As Gianna L. Barres was walking along the deck of the swimming pool she stepped into a deep hole, which was to be covered by plastic skimmer cover. 8. As a result, Gianna L. Barres fell into the skimmer and sustained a laceration to her left leg. 9. The aforesaid incident was caused by the negligence, carelessness, and/or recklessness of the Defendant in that it: (a) Failed to properly secure the skimmer cover; (b) Failed to warn guests of the possibility if injury at the swimming pool; (c) Failed to properly supervise guests using the swimming pool, and; (d) Allowing guests to use the swimming pool when the pool was unsafe and/or defective. COUNTI DONALD AND MARYANNE BARRES HERSHA HOSPITALITY MANAGEMENT COMPANY T/D/B/A HARRISQURG-CARLISLE RESIDENCE IN 10. Paragraphs 1-9 are incorporated herein by reference. 11. As a result of the aforesaid incident, Plaintiffs have incurred reasonable and necessary medical expenses for the care and treatment of their minor child, Gianna L. Barres, and claim is made therefore. WHEREFORE, Plaintiffs Donald and Maryanne Barres urge This Honorable Court to enter judgment in their favor against Defendant, Hersha Hospitality Management Company, T/D/B/A Harrisburg-Carlisle Residence Inn for an amount in excess of $35,000.00 set amount being in excess of the compulsory limits of arbitration. DONALD AND MARYANNE BAR ES COUNT as Ilarents and natural uardlan GIANNA L. BARRES V. s of HERSHA HOSPITALITY MANAGEME T COMPANY T/D/B/A HARRISBURG-CARLISLE RESIDENCE INN 12. Paragraphs 1-11 are incorporated herein by reference. 13. As a result of the negligence of the Defendant, Gianna L. Barres has in the past and will in the future endure pain and suffering and claim is made therefore. 14. As a result of the negligence of the Defendant, Gianna L. Barres has been deprived of the enjoyment of life's pleasures and claim is made therefore. 15. As a result of the negligence of the Defendant, Gianna L. Barres has sustained permit disfigurement and scarring and claim is made therefore. 16. As a result of the negligence of the Defendant, Gianna L. Barres has been subjected to embarrassment and humiliation and claim is made therefore. WHEREFORE, Plaintiffs Donald and Maryanne Barres, as parents and natural guardians of, Gianna L. Barres, urge This Honorable Court to enter judgment in their favor against Defendant, Hersha Hospitality Management Company, T/D/B/A Harrisburg-Carlisle Residence Inn for an amount in excess of $35,000.00 set amount being in excess of the compulsory limits of arbitration. Respectfully sub Z7 Dated: 6-, 1 at Q O p'7 By: q ??? James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Donald Barres, that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to J the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ?DONA"ARRES???? Dated: VERIFICATION I, Maryann Barres, that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. MARYANN BARRES Dated: C) .., C-3 Fri ? su r _ CJ ? t ? t; ? rn T> c,?? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRES DONALD ET AL VS HERSHA HOSPITALITY MANAGEMENT MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HERSHA HOSPITALITY MANAGEMENT CO TEBA HBG/CRSLE RESIDENC INN the DEFENDANT , at 1500:00 HOURS, on the 26th day of December , 2007 at 1 HAMPTON COURT CARLISLE, PA 17013 by handing to VINCENT GAJEWSKI, 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: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 00 ?C s?G a' 33 .38 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 12/28/2007 NEALON & DOVER By: - " l Deputy Sh riff A. D. Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-2344161 Attorney for Defendant DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 Civil Term ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg Katzman, P.C. on behalf of the Defendant. GOLDBERG KATZMAN, P.C. B• Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 171084268 717-234-4161 Attorney for Defendant Date: January 7, 2008 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the following via electronic filing: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 GOLDBERG KATZMAN, P.C. By: ral 'P?? as E. Brenner, Esquire Date: January 7, 2008 : 5 r Cx) a c~, --?t tvr Q ? co C Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 Civil Term NOTICE TO PLEAD TO: Plaintiffs c/o James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 YOU ARE REQUIRED to plead to the within New Matter and Crossclaim of Defendant Hersha Hospitality Management Company within twenty (20) days of service hereof or a default judgment may be entered against you. GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Hersha Hospitality Management Company Date: January 16, 2008 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 Civil Term V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT, WITH NEW MATTER AND CROSSCLAIM AND NOW, comes the Defendant, Hersha Hospitality Management Company, t/b/a Harrisburg-Carlisle Residence Inn, by its attorneys Goldberg Katzman, P.C., who state: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. It is denied that Defendant was negligent, careless or reckless. The remainder of the averment states a series of legal conclusions to which no response is necessary. COUNTI DONALD AND MARYANNE BARRES V. HERSHA HOSPITALITY MANAGEMENT COMPANY t/d/b/a HARRIBURG-CARLISLE RESIDENCE INN 10. The answers to paragraphs 1 through 9 are incorporated herein by reference. 11. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests that Count I of Plaintiffs' Complaint be dismissed, with prejudice. COUNT II DONALD AND MARYANNE BARRES, as parents and natural guardians of GIANNA L. BARRES V. HERSHA HOSPITALITY MANAGEMENT COMPANY t/d/b/a HARRIBURG-CARLISLE RESIDENCE INN 12. The answers to paragraphs 1 through 11 are incorporated herein by reference. 13. Denied. It is denied that Defendant was negligence. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029 (e) . 2 14. Denied. It is denied that Defendant was negligence. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). 15. Denied. It is denied that Defendant was negligence. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. It is denied that Defendant was negligence. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests that Count II of Plaintiffs' Complaint be dismissed, with prejudice. NEW MATTER DIRECTED TO PLAINTIFFS 17. The injuries to minor Plaintiff Gianna Barres arose from her comparative negligence under the circumstances. 18. The injuries to minor Plaintiff Gianna Barres arose from her assumption of the risk under the circumstances. 19. The skimmer cover was removed by an unnamed third party actor. 20. The swimming pool area contained posted signs advising that persons use the facility at their own risk. 21. After the skimmer cover was removed, the skimmer presented an open and obvious condition readily avoidable by the minor Plaintiff. WHEREFORE, Defendant requests that Plaintiffs' Complaint be dismissed, with prejudice. 3 CROSSCLAIM Hersha Hospitality Management Company v. Donald Barres and Maryann Barres 22. The Complaint avers that Gianna L. Barres, a minor, sustained injuries as she was in the area of the swimming pool at Defendant's facility. 23. Donald and Maryann Barres, as her parents and natural guardians of the minor Plaintiff, have an obligation to supervise the activities of their child so as to assure that she does not sustain injury as a result of negligent or careless acts caused by her actions or activities. 24. Crossclaim Defendants Donald and Maryann Barres were negligent, careless or reckless in that they: a. failed to monitor the activities of their daughter, Gianna Barres in or near the swimming pool at the Defendant's facility; b. failed to heed the posted sign advising that those children under the age of 14 should be monitored by an adult; and c. failed to observe the activities of their minor child to assure that she did not sustain injury from an open and obvious condition. WHEREFORE, Defendant demands judgment against crossclaim Defendants Donald and Maryann Barres, finding them liable for the injuries claimed by the Plaintiff, Gianna Barres. 4 Date: January GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Hersha Hospitality Management ` VERIFICATION I, M A"..kv ti- ekrEL-- ^, hereby acknowledge that I am an authorized representative of Hersha Hospitality Management Company, that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. T nderstard that any wise stat,--mcnts herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. HERSHA HOSPITALITY MANAGEMENT COMPANY By: Date: CERTIFICATE OF SERVICE , I hereby certify that I am this date serving a copy of the foregoing document upon the following via electronic filing: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Date: January 16, 2008 ; A rJ - . James G. Nealon, III Attorney ID# 46457 NEALON LAW FIRM, PC 2411 North Front Street Harrisburg, PA 17110 717-232-9900 jnealon@nealon-law.com DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, PLAINTIFF V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/E/B/A HARRISBURG- CARLISLE RESIDENCE INN, DEFENDANT Gvr' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7588 Civil PETITION TO WITHDRAW AS COUNSEL 1. James G. Nealon, III, Esquire is counsel of record for Plaintiffs in the above captioned matter. 2. Effective February 1, 2010, Attorney Nealon will be taking an in-house legal position with the Erie Insurance Company. The position will prevent Attorney Nealon from continuing to represent the Defendant in the matter. 3. No hearing or other proceedings are currently scheduled in the above captioned matter. 4. No prejudice will result to either party in permitting Attorney Nealon to withdraw as counsel of record. h WHEREFORE, Petitioner, James G. Nealon, III, urges this Honorable Court to permit him to withdraw as counsel of record for the Plaintiffs. Respectfully submitted, NEALON LAW By: Date: // , ?- ?// 6) James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this day of January, 2010, 1 hereby certify that I have served the foregoing Petition for Withdrawal of Appearance on the following by U.S. Mail: Thomas Brenner, Esquire GOLDBERG KATZMAN 320 Market Street Harrisburg, PA 17108-1268 Donald & Maryanne Barres 9 Delaney Court Manalapan, New Jersey JAMES G. NEALON, III, ESQUIRE y DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, PLAINTIFF V. JAN 2 0 2010 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7588 Civil HERSHA HOSPITALITY MANAGEMENT : COMPANY, T/E/B/A HARRISBURG- : CARLISLE RESIDENCE INN, DEFENDANT ca -C7 '? C? C.. ru cn U? _? r ,r RULE TO SHOW CAUSE Jt AND NOW, this `day of January, 2010, upon consideration of the Petition of James G. Nealon, III, Esquire, to Withdraw as Counsel, a Rule is issues upon all parties to show cause why the requested relief should not be granted. Rule returnable 30 days after service. BY THE COURT Distribution: ?Thomas Brennan, Esquire, 320 Market Street, Harrisburg, PA 17108-1268 J mes G. Nealon, III, Esquire, 2411 North Front Street, Harrisburg, PA 17110 ,/Donald and Maryann Barres, 9 Delaney Court, Manalapan, New Jersey 07726 s ma ILL l?ao?ld t 2010 JA14 1 P E 3 James G. Nealon, III Attorney ID# 46457 NEALON LAW FIRM, PC 2411 North Front Street Harrisburg, PA 17110 717-232-9900 jnealon@nealon-law.com t ll-e DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, PLAINTIFF V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/E/B/A HARRISBURG- CARLISLE RESIDENCE INN, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 07-7588 Civil PETITION TO WITHDRAW AS COUNSEL 1. James G. Nealon, III, Esquire is counsel of record for Plaintiffs in the above captioned matter. 2. Effective February 1, 2010, Attorney Nealon will be taking an in-house legal position with the Erie Insurance Company. The position will prevent Attorney Nealon from continuing to represent the Defendant in the matter. 3. No hearing or other proceedings are currently scheduled in the above captioned matter. 4. No prejudice will result to either party in permitting Attorney Nealon to withdraw as counsel of record. WHEREFORE, Petitioner, James G. Nealon, III, urges this Honorable Court to permit him to withdraw as counsel of record for the Plaintiffs. Date: //)? F//? Respectfully submitted, NEALON LAW V,PCC By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 CERTIFICATE OF SERVICE AND NOW, this day of January, 2010, 1 hereby certify that I have served the foregoing Petition for Withdrawal of Appearance on the following by U.S. Mail: Thomas Brenner, Esquire GOLDBERG KATZMAN 320 Market Street Harrisburg, PA 17108-1268 Donald & Maryanne Barres 9 Delaney Court Manalapan, New Jersey JAMES G. NEALON, III, ESQUIRE . . ! Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant RICO: J Aul 2019 Xti`v' 28 3: 1 Lv1?H? li rsAtucL?i and MAKYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 CIVIL TERM REPLY OF DEFENDANT TO PETITION OF JAMES G. NEALON III ESQUIRE TO WITHDRAW AS COUNSEL AND NOW, comes Defendant, Hersha Hospitality Management Company, by its attorneys, Goldberg Katzman, P.C., who state: Defendant has no opposition to Attorney Nealon withdrawing as counsel from this case. GOLDBERG KATZMAN, P.C. Date: January f, 2010 BOEEss ? .Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Hersha Hospitality Management Company CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the following via electronic filing: James G. Nealon, III, Esquire Nealon, Gover & Perry 2411 North Front Street Harrisburg, PA 17110 GOLDBERG KATZMAN, P.C. By: Cz Tho Brenner, Esquire Date: January 7 , 2010 ~~ ~a~ ~~ Thomas E. Brenner, Esquire t ~- ~ ~ - ' Goldberg Katzman, P.C. PO Box 1268 ~' '~ - `' Harrisburg, PA 17108-1268 717-234-4161 r:F=~.H.~ l;l~t,?{~ ~~~ _, . Attorneys for Defendant P~NSYLVAN~4 DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs v. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA N0.07-7588 Civil Term DEFENDANT'S REQUEST FOR A STATUS AND SCHEDULING CONFERENCE AND NOW, comes the Defendant, Hersha Hospitality Management Company, t/d/b/a Harrisburg-Carlisle Residence Inn, by its attorneys GOLDBERG KATZMAN, P.C., who states the following: 1. This action was filed in 2007 by Donald and Maryann Barres as parents of a minor, Gianna Barres, who claims to have sustained injury on May 25, 2007, at the Harrisburg Residence Inn on the Carlisle Pike, Pennsylvania. 2. Plaintiff s counsel has filed a Motion to Withdraw as Counsel of Record. 3. Efforts to communicate with counsel who has relocated from Central Pennsylvania to attempt to move this matter to a conclusion have been unsuccessful. 4. This matter is currently languishing before the Court. 5. Plaintiff s counsel has not completed his withdrawal as counsel of record and Plaintiffs have not indicated that they have secured new counsel to represent their interest. 195616.1 -2- 7. Defendant desires to establish a schedule to complete discovery and to fix a date case for trial. WHEREFORE, Defendant Hersha requests that the Court enter an Order scheduling a Status Conference before a member of the Court for purposes of confirming counsel for the Plaintiff or whether Plaintiffs will represent themselves pro se, and to establish a schedule to complete discovery and to schedule the case for trial. GOLDBERG KATZMAN BY: Tho .Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. BOX 1268 Date: ~6 ~ ~ Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant 195616.1 _ 3 _ CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid at Harrisburg, Pennsylvania and addressed as follows: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 Donald & Maryann Barres 9 Delaney Court Manalapan, NJ 07726 Date: ~ ~3 1 ~ Thomas E. Brenner, Esq. 195616.1 _q,_ DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 Civil Term ORDER AND _vOW this day of September 2010, based upon Defendant's Request foi° a Status and Scheduling Conference, the Plaintiffs and/or their counsel are directed to appear for a Status Conference on 2010 at 7. qS A.M./min the chambers of The Flonerable ?L?-ItG? t?F. a C-6 f 1 >" i ncl v 94,t j 4??3 fry c C - -n r -n ` Al C: _-t s DONALD BARRES AND MARYANN BARRES, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GIANA L. BARRES, A MINOR, PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG-CARLISLE : RESIDENCE INN, DEFENDANT 07-7588 CIVlL TERM ORDER OF COURT AND NOW, this day of October, 2010, the petition of James G. Nealon, III, Esquire, to withdraw as counsel for plaintiffs, unopposed by counsel for defendant, IS GRANTED. By the Court, Albert H. Maslan , J. ~mas Brenner, Esquire For Defendant ~mes G. Nealon, Esquire 100 Erie Insurance Place Erie, PA 16530 J ~nald & Maryann Barres 9 Delancy Court Manalapan, NJ 07726 :saa r:7 ...~ :~~ ~~ <~ ~~ ;fa --~ ._~ ra 0 -~ ~v --~ ~~ r~-- ~ r~ c~ ~~' :~ -- --~'~ DONALD BARRES AND MARYANN BARRES, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GIANA L. BARRES, A MINOR, PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG-CARLISLE RESIDENCE INN, DEFENDANT 07-7588 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2010, upon request of plaintiffs for additional time to obtain counsel, unopposed by counsel for defendant, the status conference currently scheduled for October 11, 2010, is cancelled and rescheduled to commence at 11:00 a.m., Monday, November 29, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. ~omas Brenner, Esquire For Defendant ~nald & Maryann Barres 9 Delancy Court Manalapan, NJ 07726 By the Court, ~~ ~ ~ - ~ ~ --~ r n~ ir- vn~ ~.~, ~~ Albert H. Masland, J. ~ ~ ~ :- Y~ .~ ~~ ~, _..~ -v .~, „~j" :saa FILE0-OFFICE OF THE PROTHONOTARY 2010 NOV 29 AM 10: 53 PENNSYLVAN A OUNTY ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com DONALD BARRES AND MARYANN BARRES, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GIANA L. BARRES, A MINOR, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG-CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7588 CIVIL TERM PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the Plaintiffs. A ER, P.C. ichael E. Kosik PA I.D. No. 36513 Date: I ?'xq , ( () 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiffs ORIGINAL 455584 CERTIFICATE OF SERVICE I, Michael E. Kosik, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE TO ENTER APPEARANCE upon all counsel of record via hand delivery addressed as follows: Thomas E. Brenner, Esquire Goldberg Katzman 320 E. Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant AN ER, P.C. ichael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Plaintiffs Date: 11-4? -t" 455584 DONALD BARRES AND MARYANN BARRES, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GIANA L. BARRES, A MINOR, PLAINTIFFS V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG-CARLISLE RESIDENCE INN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 c rnCo ZM Z? („ r • ..ta A C=) 0 a 07-7588 CIVIL TERM ..., ORDER OF COURT FIN2 Ca C 2 0 C to Mr w C_n C7 i o ci -••4O S-ry o n AND NOW, this 29th day of November, 2010, following a status and scheduling conference with Jay Cooper, Esquire, on behalf of the defendant and Michael E. Kosik, Esquire, on behalf of the plaintiffs, the court sets the following schedule: (1) Plaintiffs shall have thirty (30) days from today's date to file additional interrogatories and request for production of documents. (2) Within sixty (60) days of receipt of defendant's response to the interrogatories and/or request for production of documents, depositions shall be scheduled. The parties intend to list this matter for the May, 2011 term of court. It will be incumbent on the parties for formally list it at a later date. By the Court, Albert H. Masland, J. Michael E. Kosik, Esquire For Plaintiff Jay Cooper, Esquire For Defendant lzolle) :saa Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 6991 Harrisburg, PA 17112 717-234-4161 Attorneys for Defendant DONALD BARRES and MARYANN BARRES, Individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, t/d/b/a HARRISBURG -CARLISLE RESIDENCE INN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA NO. 07-7588 Civil Term ' l f-9 c_ n, M . :;o ' •? rya PRAECIPE TO THE PROTHONOTARY: Please change the address of Defendant's Attorney, Thomas E. Brenner, Esquire to: Goldberg Katzman, P.C. 4250 Crums Mill Road, Suite 301 PO Box 6991 Harrisburg, PA 17112 BY: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant Date: 3 .?_ {00591997;v1} CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid at Harrisburg, Pennsylvania and addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ete-X-P-D-? Thomas E. Brenner, Esq. Date: 100591997;vII DONALD BARRES, MARY ANN IN THE COURT OF COMMON PLEAS OF BARRES, and GIANNA L. CUMBERLAND COUNTY, PENNSYLVANIA BARRES, Plaintiffs vs. CIVIL ACTION - LAW NO. 07-7588 CIVIL HERSHA HOSPITALITY MANAGEMENT, Defendant ORDER AND NOW, this day of August, 2012, the appointment of Katie Maxwell, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Seth T. Mosebey, Esquire, is appointed in her place. Edmund J. Berger, Esquire Chairman r'' Court Administrator :rlm dppie_5 fYa,le-W q/ ?L BY THE COURT, Kevin,. Hess, P. J. Doraa(d t~trrPS av~~f ~a~ a~~ 13aP~'~ ..~-~~c~t~~i.~ (Hef 9 4 . BiGtP Pla'ntiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~- Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the U f this Commonwealth and that we will discharge the duties o e w't J. Signature Si ature SigJnat~ure Name (Chairman) Name Name r ~~ / /1~1 ~ I~~~~}s•,, law U~~i4.S Law F~ Law Firm Address ~=~~ ~ 1701! ---~~ City, Zip `~ IFS ~~'(/t~~,~ Law Firm 10 ~+s } I~ y~~ St. ~ ~ 6 Address Address C,.rs~~, P~ ~70~3 City, Zip City, Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the f award: (Note: If damages for delay are awarded, they shall be separately stated.) States ~~o Zip .Arbitrator, dissents. (Insert me if a plicable.) Date of Hearing: 3 Date of Award: ~_ ( hairman) Notice of Entry of Award Now, the ~~ day of , 20 /,~ . _, at _~~_, ~.M., the Bove award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ '71 ~. sy By' Pro onotary Deputy ~:~ ~~~ ~~tP~' ~~1~/,a .~JL ~ r ~.. ~ ~ ~, ~~ .s ,'.` ~ .: X ~ c.~ ..,: +f (L- A ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6701 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com lJ 1. - P1f i I 1 i i] 1? U COUNTY DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/D/B/A HARRISBURG- CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 07-7588 : JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTLEMENT AND NOW, comes Petitioner Donald and MaryAnn Barres, as parents and natural guardians of the minor petitioner, Gianna Barres, by and through her attorneys, Angino & Rovner, P.C., and presents this Petition pursuant to Pennsylvania Rule of Civil Procedure 2039 and respectfully represents: 1. Petitioners Donald and MaryAnn Barres are the parents and natural guardians of Gianna Barres with a home address of 9 Delaney Court, Manalapan, New Jersey. 2. Gianna Barres was born on August 11, 1996 and has recently turned 16 years old. 3. On May 25, 2007, Gianna Barres was a guest with her parents, Donald and MaryAnn Barres at the Carlisle Residence Inn operated by Hersha Hospitality Management Company, to participant in a youth softball tournament in the Carlisle area. 4. After checking into their room, the Barres proceeded to the indoor swimming pool so Gianna Barres could go swimming. 5. While utilizing the pool, Gianna Barres got out of the pool to walk around to speak with another girl with whom she was playing and in doing so her foot stepped into a skimmer which was missing its cover, causing her leg to go down into the skimmer bucket where she lacerated the bottom of her toe and caused an injury to her shin just below the knee. 6. The skimmer cover was not screwed down and was missing at the time that Gianna Barres stepped into the opening. 7. Gianna Barres was taken to the Carlisle Regional Medical Center where she received stitches to close her wound as well as a tetanus shot. 8. Gianna Barres was only able to play for approximately one inning of the tournaments that weekend before returning home early because of the painful injury to her leg. 9. Gianna Barres continued to have problems and was evaluated by her pediatrician on Wednesday, May 30, 20007 and was sent directly to the emergency room for further evaluation. 10. Gianna Barres was required to be hospitalized at the Jersey Shore University Medical Center where she was placed on the IV antibiotics because of the concern over a possible methicillin resistant staphylococcus aureus (MRSA). 11. After it was confirmed through blood work that the infection was not MRSA and the MRI confirmed that there was no osteomyelitis in the tibia, Gianna Barres was released home on an oral antibiotic treatment for a period of 14 days. 509187 12. Gianna Barres recovered over the next 30 days with the closure of the wound, however, she has a permanent scar on her shin as a result of the laceration to the shin. 13. Gianna Barres was evaluated by a plastic surgeon who felt that the scar would be improved with plastic surgery in a number of operations, however, Gianna Barres has not sought any revision of the scar as of this date. 14. Defendant Hersha Hospitality Management Company, through their insurance carrier, paid some of Gianna Barres' medical bills, however, the recoverable medical bills amounted to $5,743.86. See a medical bill summary attached hereto as Exhibit A. 15. Defendant Hersha Hospitality Management Company t/d/b/a the Carlisle Residence Inn denied liability. 16. Petitioners were originally represented by Attorney Jim Nealon who participated in some initial discovery and a mediation which was not successful. 17. Attorney Nealon left private practice to become in-house counsel for Erie Insurance Company, after which Petitioners' current counsel, Angino & Rovner, P.C. took over handing of the claim. 18. Petitioners' current counsel did additional discovery and retained a pool operations expert, and the case proceeded to arbitration on Friday, August 31, 2012. 19. The arbitrators awarded $50,000 to the Petitioners on behalf of Gianna Barres. 20. Defendant, through its counsel, indicated that it planned on appealing the arbitrators' award, after which further negotiations occurred, resulting in an agreed-upon settlement of $44,000. 21. Based upon the injuries sustained by Gianna Barres, including the recoverable medical expense of $5,743.86, as well as the possibility of future plastic surgery to improve on the scarring, 509187 Petitioners believe that the settlement is fair and reasonable and requests the Court to approve a settlement for Gianna Barres in the amount of $44,000. 22. Petitioners Donald and MaryAnn Barres believe that the offer of $44,000 is fair and reasonable given the their daughter's injuries and the recoverable specials and future medical expenses. 23. Petitioners Donald and MaryAnn Barres are the owners of an insurance business in New Jersey and live approximately 2 %2 to 3 hours from Carlisle, PA and Gianna Barres is currently attending high school. Any hearing would, require the Barres to lose a day from their business and school, and therefore, would request the Court to permit them to testify via telephone if the Court believes a hearing is necessary to approve the Petition. 24. Petitioners Donald and MaryAnn Barres have entered into a contingency fee agreement with Angino & Rovner, P.C., whereby the attorneys are to receive, for professional services, 40% of any amount recovered after trial or arbitration and 35% of any amount recovered after filing suit but short of trial or arbitration. 25. Petitioner has agreed, subject to the approval of your Honorable Court, to pay Angino & Rovner, P.C., the sum of $14,180.47 in legal fees, which represents a fee of 32%. 26. Angino & Rovner, P.C., have incurred expenses of approximately $4,819.53 for requests for medical records, depositions, mediation as well as the pool operation expert. See expenses attached hereto as Exhibit B. 27. Plaintiff is represented by Michael E. Kosik, Esquire, of Angino & Rovner, P.C. 28. Defendant is represented by Thomas E. Brenner, Esquire of Goldberg Katzman, P.C. 29. Defendant Hersha Hospitality Management Company's counsel concurs in this Petition. 509187 30. No other Judge has ruled upon any other issue in the same or related matter on this case. WHEREFORE, Petitioners Donald and MaryAnn Barres requests approval of the settlement, as provided in the attached Order. AN R, P.C. r,. ichae. Kosik I.D. No: 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 509187 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com DONALD BARRES and MARYANN IN THE COURT OF COMMON PLEAS BARRES, individually and as parents and OF CUMBERLAND COUNTY, PENNA. natural guardians of GIANNA L. BARRES, a minor, Plaintiffs : V. CIVIL ACTION -LAW NO. 07-7588 HERSHA HOSPITALITY MANAGEMENT COMPANY, T/D/B/A HARRISBURG- CARLISLE RESIDENCE INN, Defendant JURY TRIAL DEMANDED AFFIDAVIT I am the parent of Gianna L. Barres. From my observation, my review of medical records, and my attending medical appointments, I am confident my daughter has made a good recovery from the injuries she sustained in this accident. I approve the settlement and request Your Honorable Court to approve it as well because I feel it is a fair and reasonable outcome given that it is a payment of policy limits. Date: 062012 D ALD BARRES Sworn to and subscribed before me this of Dc.,k bew , 2012. Notary Public day N A 8 TVU . Notary Public State of New Jersey My Commission Expires March 21, 2017 I.D.# 2418755 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 1D# : 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/D/B/A HARRISBURG- CARLISLE RESIDENCE INN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVII. ACTION -LAW NO. 07-7588 JURY TRIAL DEMANDED AFFIDAVIT I am the parent of Gianna L. Barres. From my observation, my review of medical records, and my attending medical appointments, I am confident my daughter has made a good recovery from the injuries she sustained in this accident. 1 approve the settlement and request Your Honorable Court to approve it as well because I feel it is a fair and reasonable outcome given that it is a payment of policy limits. Date: Llk_2?? , 2012 MARYANN BARRES I Sworn to and subscribed before me this ?day of , 2012, otary Public SANDRA PINTER NOTARY PUBLIC STATE OF NEW JERSEY My COMMISSM EXPIRES JUNE 12, 2015 509225 Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a minor, Plaintiffs V. HERSHA HOSPITALITY MANAGEMENT COMPANY, T/D/B/A HARRISBURG- CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 07-7588 JURY TRIAL DEMANDED AFFIDAVIT I, Michael E. Kosik, Esquire, believe minor petitioner's proposed settlement is reasonable. Minor petitioner's medical records indicate a good recovery, and minor petitioner is doing well at home. Therefore, it is my opinion that the proposed settlement of minor petitioner be approved. AN P.C. ichael E. Kosik PA I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 mkosik@angino-rovner.com Attorney for Petitioners Sworn to and subscribed before me this Y day of dr , 2012. I ?Akihij. HIM .1 No ub 1c COMMONWEALTH OF P?ENNtYLV NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Public Susquehanna Twp., Dauphin County My Commission Expires March 18, 2013 509225 _ MEDICAL BILL SUMMARY _ GIANNA BARRES ------------------ - DATE OF ACCIDENT: 5/25/07 ©ATE,QF PROVIDER CtGm _ 05/31/07 Allergy/Pediatrics Assoc ! $155.41 06/01/07 Allergy/Pediatrics Assoc $76.73 _06/02/07 Allergy/Pediatrics Assoc 05/25/07 _ _,Carlisle Regional Med Ctr $98.11 $440.00 05/25/07 Carlisle HMA S. Mgmt. 05/25/07 Carlisle HMA Phys. Mgmt. _- - - F 0/01- 0 5/3 06/02/07 'Jersey Shore Univ. Med - $4,772.91 05/31/07 Jersey Shore Radiology $51.69 06/02/07 Jersey Shore Radiology $69.22 06/01/07 Meridian Ped Assoc $32.81 _ 06/02/07 Meridian Ped Assoc $46.98- 05/31/07 Saad A. Saad, M.D. 06/01/07_ Saad A. Saad, M.D. 06/14/07 _ Saad A. Saad, M.D. 07/12/07 , Saad A. Saad, M. D. TOTAL $5,743.86 506467_1.XLSX Page 1 Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** FILE NUMBER ............: 10178 CLIENT .................: BARRES, GIANNA BY DON (FATHER) DATE IN OFFICE.........: 11/24/2010 TYPE OF CASE...........: M DEFENDANT(S)...........: HERSHA ATTORNEY IN CHARGE.....: MEK FORWARDER ..............: JIM NEALON, ESQUIRE REFERRAL ................ SPECIAL NOTE(S)........: W-9 FWDR PREPARED: 10/03/2012 PAGE: 1 ---------- ------------------------------- ----------------------------- *** FILE EXPENSES *** --------------- --------------- DESCRIPTION DATE QUANTITY UNIT/PRICE AMOUNT PERSON FAX CHARGES (PER PAGE) 8/10/2012 4.00 1.00 4.00 FAX CHARGES (PER PAGE) 9/27/2012 5.00 1.00 5.00 EXPENSE TYPE TOTAL: FAX CHARGES (PER PAGE) --- --------- 9.00 * MEK - EXPENSE 6/23/2011 10.00 EXPENSE TYPE TOTAL: INVESTIGATION EXPENSE --- --------- 10.00 * LONG DISTANCE 9/27/2012 20.00 EXPENSE TYPE TOTAL: LONG DISTANCE --- --------- 20.00 * COLOR COPIES 12/30/2010 2.00 .25 .50 COLOR COPIES 4/11/2012 7.00 .25 1.75 COLOR COPIES 8/09/2012 28.00 .25 7.00 COLOR COPIES 8/27/2012 51.00 .25 12.75 COLOR PRINTS 8/27/2012 5.00 .50 2.50 PHOTOCOPIES 9/27/2012 1,579.00 .25 394.75 PHOTOCOPIES 9/27/2012 50.00 .25 12.50 EXPENSE TYPE TOTAL: PHOTOCOPIES --- --------- 431.75 POSTAGE 1/04/2011 5.20 POSTAGE 1/21/2011 1.05 POSTAGE 9/27/2012 49.71 POSTAGE 9/27/2012 1.78 EXPENSE TYPE TOTAL: POSTAGE --- --------- 57.74 ----------- ------------------------------- ------------------- --- SUB-TOTAL 528.49 ** ------- *** CHECK EXPENSES *** -------------- --------------- Angino & Rovner, P.C. ** CASE/ACCOUNTING REGISTER ** PREPARED: 10/03/2012 FILE NUMBER ............: 10178 CLIENT .................: -------------------------------------------------- BARRES, GIANNA BY DON (FATHER) ---------- PLASTIC SURGERY CENTER - 2/09/2011 --------------------- 84051 ----------------- 12.00 MERIDIAN PEDIATRIC SURGICAL 4/07/2011 84549 23.00 HUGHES,ALBRIGHT,FOLTZ & NATALE 8/03/2011 85458 450.05 POOL OPERATION MANAGEMENT 4/12/2012 87323 1,000.00 POOL OPERATION MANAGEMENT 8/08/2012 88050 1,625.00 GOLDBERG, KATZMAN 10/01/2012 88461 1,180.99 GOLDBERG, KATZMAN 10/01/2012 88461 1,180.99- JIM NEALON 10/03/2012 88478 1,180.99 SUB-TOTAL 4,291.04 ** --------------------------------------------------- ----------- - TOTAL EXPENSES -------------- ----------- 4,819.53 *** ***** RECEIPTS ------- ***** ----------------- SOURCE REASON DATE AMOUNT ------------ RECEIPTS TOTAL .00 *** ---------------------------------------------------------------------------------------------------- * OUTSTANDING INVOICES * CUSTOMER NAME INV# INV DATE $BILLED $PAID $DUE OUTSTANDING INVOICE TOTAL .00 *** PAGE: 2 TOTAL... 4,819.53- ---------------------------------------------------------------------------------------------------- ** END OF FILE ** CERTIFICATE OF SERVICE AND NOW, this 100' day of October 2012 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PETITION FOR APPROVAL OF MINOR'S COMPROMISE SETTLEMENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Thomas E. Brenner, Esquire Goldberg Katzman P.O. Box 6991 Harrisburg, PA 17112 J2" Z)Z Michele M. Milojevich 509187 ---a ~~ ~~ ANC,[N©& R()VNER, P.C. Michael E. Kosik, Esquire Attorney 1D# : 3(,513 403 North 1=runt Street Harrisburg, PA ]7110-1708 (7;7!238-6791 T~A~ (717) 233-56]0 Attorneys for i'laintiff(s) E-mail: mkosik,'ciangino-rovncr.cum DONALD BARRES and MARYANN BARRES, individually and as parents and natural guardians of GIANNA L. BARRES, a n11nOr, Plaintiffs v. HERSHA IIOSPITALI'1~Y MANAGEMENT CO:R~'IPANY, T/D/B/A HARRISBURG- CARLISLE RESIDENCE INN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CNIL ACTION --LAW NO. 07-7588 JURY TRIAL DEMANDED ORDER ,AND NOW, this ~~~ -day of ~~~~~/ , 2012, it is hereby ORDERED and DECKEED that the Petition seeking approval of the minor's settlements, is GI~1N"I'ED in accordance with Pennsylvania Rule of Civil Procedure 2039 as follows: The settlement of the liability claim of the minor, Gianna Barres, against Hersha Hospitality Managemerrt Company T/D/B/~~. Harrisburg Carlisle Residence Inn for $44,000, is hereby APPRO`JED as fair and equitable for the injuries sustained by the minor plaintiif~. sovisi T 2. 1'he distribution of the settlement proceeds in the amount of $44,000 is hereby directed as follows: (a) Cash for the establishment of a minor's $25,000.00 restricted account with ~(~~,-< < ~ s ~~ w emu.., s ~. marked no withdrawals being made prior ~~~ ~l~l~~ N :7 07'7 ~?~ to minor obtaining the age of 18 without prior approval of the court (b) Angino & Rovner, P.C., legal fees, $14,180.47 reimbursement of costs expended Expenses $ 4,819.53 TOTAI. AMOUNT OF SETTLEMENT: $44,000.00 BY THE COURT: ,,/~ ~ -- Distribution: ~/ Michael E. Kosik, Esq,, 4503 N. Front Street, Harrisburg, PA 17110, phone - 717-238-6791; fax - 717-238-5610; mkosik@angino-rovner.com Thomas E. Brenner. Esquire, P.O. Box 6991, Harrisburg, PA 17112, 717-234-4161; fax 717-234-6808; teb@goldbergkatzman.com ~D~o - ~s ~a , /~~,~ ~@, ~~ .z ~~~ 509187 l~homa; F:.. Brenner, Esquire ~. ,' <ioldhcrg Katzman. P.~`. .;~_,; PO E3ox 691 ~ - - r. Harrisburg, !'A l71 1? ' ~ ., s', E ~ . 717-~ ~ 4-d 1 b 1 - 4~;~L ~ °~} ~GiJ~~i r~ttornevs for Defendant .. ~ t. 'r," r ~l,"~ DONALD BARRES and MARYANN : IN THE CO('R'I' OF COMMON PLI':AS BARRES, Individually and as parents :CUMBERLAND CO~, PENNSYL~'AN[A and natural guardians of GIANNA L. BARRES, a minor, NO. 07-7588 Civil Term Plaintiffs L'. HERSHA HOSPITALITY 1vIANAGEMENT COMPANY, t/d/b/a HARRISBURG --CARLISLE RESIDENCE INN, llefendant PRAECIPE TO llISCON'I'INI'E Please marl. ti~.is Action Settled and I>iscontir.ued. ~',~ •. ~~ [3 icha~,l E. K~~sik, Esquire Angino ~~ I~~wner. P.~C. q~03 N~,:-th ]~ront St.-eet 1{arris~i.~~~ 1• ,, 171 i 0-17(~~3 t Dale: _ ~1t1~_~~~_ {006? ~64fi;~ 1 } r CERTIFICATE OF SERVICE I hereby certify that 1 served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid at Harrisburg. Pennsylvania and addressed as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4J0~ north rror~t S~u'eei Harrisburg. PA 17110-1708 Thomas E. E3renner, F,sq. Date: _L~, {00594933;~~ 1 }