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Home My WebLink About03-6579 CYNTHIA A. MELLOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION. LAW : NO: - tJ.3, t,57?/ (!q;J OLIVE GARDEN and DARDEN RESTAURANTS, Inc. t/dlb/a OLIVE GARDEN Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Sheriff of Cumberland County at One Courthouse Square, Carlisle, Pennsylvania, to be served on Defendant Date=! 2 -2) - 0.3 ~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PAl 70 13 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Olive Garden 6520 Carlisle Pike Mechanicsburg, P A 17055 Darden Restaurants, Inc, tldlb/a Olive Garden 6520 Carlisle Pike Mechanicsburg, P A 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. /5( ~, /'. ~ Prothonotary < Date: fJRc ':;>3. .2M3 By: ~-J:?;",>c .-r>>..&. W ,F Deputy ~ ~ II; ~ ~ \,' f. IV ~'\ ~\ '-J '~ ,v 'v 41 \~ \.\ J\ \\, '\ \ ~ ~) , (/\. "J\ ;... '\ , ",", '" ~':~~ G <.-4' .; ,"_i \'" ' ~~. ..t;. ~ '\ " ~ r ~,t, ~ ... ,.1 , ..'\' ~ t.-:, C- '--- SHERIFF'S RETURN - REGULAR CASE NO: 2003-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT CYNTHIA A VS GARDEN OLIVE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon OLIVE GARDEN the DEFENDANT at 2102:00 HOURS, on the 30th day of December, 2003 at 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to TIFFANY FULK, SERVICE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.90 .00 10.00 .00 34.90 .F ~.n/ ~S'--,.,....,,;.,....: "._~.u., .' .t-~X ..., "..,-", ,.~~., v: --"'" LfI:1 "~.., ,4 ~f:~ -/ - R. Thomas Kline 12/31/2003 ROMINGER & before By: this SHERIFF'S RETURN - REGULAR CASE NO: 2003-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT CYNTHIA A VS GARDEN OLIVE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who beinq duly sworn accordina to lMw, SHERIFF'S RETURN - REGULAR CASE NO: 2003-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT CYNTHIA A VS GARDEN OLIVE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DARDEN RESTAURANTS INC T/D/B/A OLIVE GARDEN the DEFENDANT , at 2102:00 HOURS, on the 30th day of December, 2003 at 6520 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to TIFFANY FULK, SERVICE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ...,.,.... ...,. / R. Thomas Kline . _ '..L~:";;~ ;;..,1:4f1 Sworn and Subscribed to before By: BAYLEY ~//, Deputy Sheriff 12/31/2003 ROMINGER & r ~(J (J..R day of dJro{ A.D, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CNIL DNISION No. 03-6579 civil Plaintiff, vs. OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLNE GARDEN, PRAECIPE FOR APPEARANCE Defendants, Filed on Behalf of Defendants, OLNE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN Counsel of Record for this Party: JURY TRIAL DEMANDED GERALD J. HUTTON PA LD. No. 23098 BASHLINE & HUTTON Suite 1650 One PPG Place Pittsburgh, P A 15222 (412) 391--7005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DNISION Plaintiff, No, 03.6579 civil vs. OLNE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN, Defendants. PRAECIPE FOR APPEARANCE TO: Curt Long, Prothonotary Cumberland County, Pennsylvania You are hereby directed to enter my Appearanee on behalf of OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN, the Defendants in the above. captioned case. JURY TRIAL DEMANDED. BY: (lSHLINE ~& HUTTON ))ulULA GERALD ]. HUTTON, ESQUIRE Attorney for Defendants, OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/h/a OLIVE GARDEN CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served via U.S. First Class Mail, postage pre.paid, on this e1.d- day of ~ r111 u r J ' 2004, upon the following counsel of record: Karl E. Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, P A 17013 (Attorney fOr Plaintiff) HUNE AND HUTTON \ GERALD J. HUTT~N, ESQUIRE Attorney for Defendants, OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN BY: (j ~;;~ r'" t+-:") C~:) ,L- c~ ?>; 1'-:' c...., < --~'" o 'n ,-1 :C-n 1";1p -c;CD :-.',)yl (:J~?, (:~{~ ~. .: f<1 ',..1. t.,O C.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DlVISION Plaintiff, No. 03.6579 civil vs. ISSUE NO.: OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, PRAECIPE FOR RULE TO FILE COMPLAINT Defendants. Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC. T/D/B/A OLIVE GARDEN JURY TRIAL DEMANDED Counsel of Recotd for this Party: GERALD J. HUTTON, ESQUIRE PA J.D. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Plaee Pittsburgh, P A 15222 (412) 391-7005 Firm J.D. No.: 150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTI, CIVIL DIVISION Plaintiff, No. 03-6579 Civil! vs. OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO: Curt Long, Prothonotary Cumberland County, Pennsylvania Pursuant to the provisions of Rule No. 1037(a) of the Pennsylvania Rules of Civil Procedure, please enter a Rule to File Complaint upon the Plaintiff, CYNTHIA A MELLOTI, to file her Complaint, sec. leg., or Judgment of Non Pros may be entered. Date: 1/7---1 )w1l1 f ( BY ~HLINE & HUTION ~./ ./0 GERAW J. HUTION, E QUIRE Attorney for Defendant OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLNE GARDEN January 26, 2004, Rule to file complaint issued. ~ ~M-i;;,'~ 1:2 c-/J Prothonotary ~ . CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT was served via U.S. First Class Mail, postage pre.paid, on this 2.1~ day of January, 2004, upon the following counsel of record: Karl E. Rominger, Esquire ROMINGER AND BALEY 155 South Hanover Street Carlisle, P A 17013 (Attorney fOr Plaintiff) BY: GERALD J. HUTION, ESQUIRE Attorney for Defendants OliVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN . C) r".,l C:'.' CU.::.1 ~- ~.~ L~ :~,'1 ", i.. C~l ~,~.:: r I ,~ 1- ~ :.-,.. :1,: '::. ') en c;:) (.) . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOlT, CIVIL DIVISION Plaintiff, No. 03.6579 civil vs. ISSUE NO.: OLNE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, AFFIDAVIT OF SERVICE OF RULE TO FILE COMPLAINT Defendants, Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC. T/D/B/A OLIVE GARDEN JURY TRIAL DEMANDED Counsel of Record for this Party: GERALD J. HUlTON, ESQUIRE PA I.D. No. 23098 BASHLINE & HUlTON Suit 1650 One PPG Place Pittsburgh, P A 15222 (412) 391.7005 Firm I.D. No,: 150 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, Notaty Public in and for said County and State, personally appeared GERALD J. HUTTON, ESQUIRE, ESQUIRE, who after being duly sworn aecording to law, states he served the Rule to File Complaint on Plaintiff, CYNTHIA A MELLOTT, by mailing same to her attorney, Karl E. Reminger, Esquire by Certified Mail, Return Receipt Requested. The original Return Receipt is attached hereto and marked as Exhibit "A". BY~~ GERALD J. HUTTON, ESQUIRE Attorney for Defendant OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN SWORN TO AND SUBSCRIBED ');-01 :k ~e this~ - day of Icf { A vvf ' 2004. Notary Public My Commission Expires: NolllIlII9Illll o.n R. Burger. Notary Plt1IIc 0Iy0l~. All8ghenyCounly My Commiosion ExpllllS Feb. 4. 2006 Member, Pennsylvania Association Of Notaries j)O-!5 2- J .. Ii "- .. fI7 0 0 $- lt~ . ir ~ ~!! ~ " ~ "'";:j "'-. ~ ~ .~lif o~ .. ~'" ~~ 0 0 "''' ,'i" ~ 0 EO ~. 1l "E ~E "- o~ d ~ "'0 ~ c a:~ !!!- h~ ~,: rJl::l ~<...O ~i!l ~ ~ ~d!h '8 f:i :I: .s oOB;; ~~5~ r.l::ilrJl(J ,;::0", ~I>:", ~ ~ tEh6 S2h2 0000 OStE 200L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, Plaintiff, vs. OUVE GARDEN and DARDEN RESTAURANTS, INe. t/d/b/a OLIVE GARDEN, Defendants. CNIL DNISION No. 03.6579 Civil! PRAECIPE FOR RUT.F. TO FILE COMPLAINT -.-.- - ., TO: Curt Long, Prothonotary Cumberland Counry, Pennsylvania f"\,.) 0-': \..0 C,_) Pursuant to the provisions of Rule No. 1037(a) of the Pennsylvania Rules of Civil Procedure, please enter a Rule to File Complaint upon the Plaintiff, CYNTHIA A MELLOTT, to file her Complaint, sec. leg., or Judgment of Non Pros may be entered. Date: / / '),-1 )]A) 11 f ( BY HUNE & HUTTON r.;1// . GERALD J. HUTTON, E QUIRE Attorney for Defendant OLIVE GARDEN and DARDEN RESTAURANTS, INe. t/d/b/a OUVE GARDEN January 26. 2004, Rule to file complaint issued. TRUE COpy FROM RECORD Icc'i hand Pa. (Jh~ )12 ~ ProthoI'iotcu:y f&-- CERTIFICATE OF SERVICE I do hereby certify that a true and correet copy of the foregoing AFFIDAVIT OF SERVICE OF RULE TO FILE COMPLAINT was served via U.S. First Class Mail, postage pre. paid, on this ~1\(/day of Gb-- \L(J r"f ,2004, upon the following counsel of record: , Karl E. Rominger, Esquire ROMINGER AND BALEY 155 South Hanover Street Carlisle, P A 17013 (Attorn~ for Plaintiff) BY: Bc);ii;;N GERALD J. HUTION, ESQUIRE Attorney for Defendants OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN (') "-> <:::) ~ ~ <:::) or- "'Om ...., ~:n 1Ilrn I'T1 Z':::(l CD ~~ ;;:: r~- I (fl- T'. -<,0-:"" ~ r-": ;:.."~, ~~~... ~~ RCl -0 ~O ::J:: Q PC: om ~ ---4 UI ~ 0> -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTf, CIVIL DIVISION Plaintiff, No. 03.6579 civil vs. ISSUE NO.: OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN, NOTICE OF SERVICE OF FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Defendants. Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC. T/D/B/A OLIVE GARDEN JURY TRIAL DEMANDED Counsel of Record for this Party: GERALD J. HUTTON, ESQUIRE PA LD. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm J.D. No.: 150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOn, CIVIL DIVISION Plaintiff, No. 03.6579 Civil! vs. OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OUVE GARDEN, Defendants. NOTICE OF SERVICE OF INTERROGATORIES AND REOUEST PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF I hereby certify that an original of INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF have been served upon Plaintiff by mailing same to Karl E. Rominger, Esquire, 155 South Hanover Street, Carlisle, PA 17013, this I {o t:R day of February, 2004. LINE AND HUnON \ GERALD J. HUnON, ESQUIRE Attorney for Defendants, OLIVE GARDEN and DARDEN RESTAURANTS,INC. BY g iJ2~ 2~ C/J ./ [::.-: ~ ' ~~~; ~C -'-';; :-=1 -< ,...., = = .r- o .. '-1 :r: _. rn...!...I r--- --urn :00 Ot :;:JU -.-+: 0(-. -;;:.> ') ;..c-')rn ~--::! "' :L"1 --<.: " IT1 O:J co -0 ~. -,. ~ c:> rv " - , CYNTHIA A. MELLOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA YS. : CIVIL ACTION - LAW : NO: -03-6579 OLIVE GARDEN and DARDEN RESTAURANTS, Inc. t/d/b/a OLIVE GARDEN Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 INFORMA nON ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 I 3 Phone: (717) 249.3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business befi,re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. CYNTHIA A. MELLOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : NO: .03-6579 OLIVE GARDEN and DARDEN RESTAURANTS, Inc. t1d/b/a OLIVE GARDEN Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Cynthia Mellott, by and through her attorney, Karl E. Rominger, Esquire and in support of her Complaint avers as follows: I. Cynthia Mellott is an adult female individual residing at 748 Pine Road, Carlisle, Pennsylvania. 2. Olive Garden and Darden Restaurants, Inc., t1d/b/a Olive Garden is an incorporated establishment believed to be operating the Olive Garden restaurant located at Carlisle Pike, Mechanicsburg, Pennsylvania. 3. On or around January 8, 2002, Plaintiff sustained serious injuries when she slipped and fell on the premises at the Olive Garden Restaurant. 4. As a result of the fall, the Plaintiff suffered various other injuries which resulted in the necessity of medical treatment. 5. Said injuries, which were a result of the fall, caused Plaintiff severe physical pain and mental anguish including but not limited to pain and suffering, physical trauma, emotional distress, shock and nervousness to the system. COUNT I. NEGLIGENCE 6. Previous paragraphs are incorporated by reference. 7. Plaintiff was a business invitee. 8, Defendant had a duty to keep the premise free from slippery, uneven, or other hazardous conditions so as to protect customers from harm. 9. Defendant breached its duty in that: (a) Defendant failed to have the parking lot free from ice or snow. (b) Defendant failed to make the area safe by putting salt or other materials on the ice to melt it, or to give pedestrians traction, (c) Defendant failed to maintain a level and smooth parking lot, (d) Defendant failed to adequately light the premises so pedestrians could see or discern hazards, (e) Defendant built or created an artificial condition in the landscape which allowed snow and ice to accumulate. (f) Defendant failed to warn of a known hazard( s), and recurring condition(s), in the parking lot. (g) Defendant allowed hills and ridges of ice to accumulate, 10. As a direct result of Defendant's negligence Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional injuries, including pain, suffering, nervousness and the like. II. Defendant's actions are the direct and proximate cause of Plaintiff's injuries. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorneys fees. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: February 25, 2004 ,..--7 / /' / -----'-,-,. Kai-I E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. 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: :l/ ,9. 3 /0'-/ , . '- . /rJ.dL4'c Cynthia Mellott CYNTHIA A. MELLOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : CIVIL ACTION - LAW : NO: -03-6579 OLIVE GARDEN and DARDEN RESTAURANTS, Inc. tldlb/a OLIVE GARDEN Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Gerald 1. Hutton, Esquire BASHLINE & HUTTON Suite 1650, One PPG Place Pittsburgh, PA 15222 / Karl E. Rominger, Esquire Attorney for Plaintiff Dated: February 25, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOlT, Plaintiff, vs. OLIVE GARDEN and DARDEN RESTAURANTS, INC. tldlbla OLIVE GARDEN, Defendants, TO THE WITHIN PLAINTIFF: You are hereby required to Plead to the within w Matter within twenty (20) days of service th reof or a default judgment may be entered ag inst you. JURY TRIAL DEMANDED CIVIL DIVISION No. 03-6579 civil ISSUE NO.: ANSWER TO COMLAINT AND NEW MATTER Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC. T /D 1131 A OLIVE GARDEN Counsel of Record for this Party: GERAU) J. HUlTON, ESQUIRE PA LD. No. 23098 13ASHUNE & HUlTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391.7005 Firm I.D. No.: 150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DIVISION Plaintiff, No. 03.6579 Civill vs. OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, Defendants. ANSWER AND NEW MATTER AND NOW, comes the defendant, imptoperly identified as Olive Garden and Darden Restaurants, Inc., by its attorneys BASHLINE & HUTTON, and Gerald J. Hutton, Esquire and states that defendant has a full, just, eomplete and legal defense to the allegations contained in the plaintiffs complaint and in support thereof sets forth the following: 1. As to those allegations appearing in plaintiffs complaint alleging that defendant Olive Garden and Darden Restaurants Inc. owned, operated, leased and/or possessed and maintained the Olive Garden Restaurant located on Carlisle Pike, Mechaniesburg, Pennsylvania, said allegations are denied as stated and to the contrary, the Olive Garden Restaurant located on Carlisle Pike, Mechanicsburg, Pennsylvania is operated, possessed, and maintained by GMR Restaurants of Pennsylvania, Inc., a Pennsylvania Corporation. Accordingly, the allegations contained In paragraphs 2, 3, 4 and 7 of the complaint are denied as stated. 2, As to those allegations appearing in plaintiff's compbJnt, including paragraph number 9 alleging that there existed a dangetous or defective condition on the premises of the Olive Garden Restaurant, said allegations are denied and to the contrary it is denied that there existed a dangetous and defective condition on the premises of the Olive Garden Restaurant. It is also denied that any such alleged dangers of defective condition were the proximate cause of the injuries and damages claimed by the plaintiff herein. To the contrary, the Olive Garden Restaurant was maintillned in a proper and reasonable manner in aceordance with the standards applicable to a restaurant. 3. Defendant is advised by counsel that it may set forth a general denial to the allegations contained the plaintiff's complaint and accordingly those allegations appearing in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 which have been not expressly admitted or denied in the preceding paragraphs of this answer, are denied in general in accordance with Rule 1029 of the Pennsylvania Rules Of Civil Procedure and strict proof thereof is demanded at time of trial. WHEREFORE, defendant, improperly identified as Olive Garden and Darden Restaurants Inc. demands that judgment be entered in its favor with costs in its behalf sustained. NEW MATTER By way of further and more complete answer to the allegations of the plaintiff's complaint, defendant sets forth the following New Matter: 4. Plaintiff's Complaint fails to set forth a cause of aetion recognized at law. 5, The Olive Garden Restaurant loeated on Carlisle Pike, Mechanicsburg, Pennsylvania is possessed and maintained by GMR Restaurants of Pennsylvania, Inc., a Pennsylvania Corporation. 6. Defendant asserts in general, plaintiff's comriburoty and/or comparative negligence in accordance with Rule 1030 of the Pennsylvania Rules of Civil Proeedure. 7. Defendant asserts in general, plaintiff's assumption of the risk and/or voluntary assumption of the risk in aecordanee with Rule 1030 the Pennsylvania Rules of Civil Procedure. 8, Defendant, while continuing to deny any negligence or liability on its part, states that in the event that it is established at trial that plaintiff was involved in an accident as alleged, then in that event said accident was the result of the acts of persons or parties other than this defendant, whose acts were independent, intervening and superseding and for which this defendant is not liable or responsible to plaintiff. 9. Defendant, while continuing to deny any negligenee or liability on its parr, states that in the event that it is established at ttial that plaintiff was involved in an accident as alleged, then in that event the injuries and damages claimed by plaintiff are the result of a pre-existing condition or illness, or the result of an unrelated injury or accident or condition and for which this defendant is not liable or responsible to plaintiff. 10. In the event that plaintiff fued suit more than two years after the accident, then in that event plaintiff's action is barred by reason of the applicable statue of limitations. WHEREFORE, defendant, improperly identified as Oliv,~ Garden and Darden Restaurants Inc. demands that judgment be entered in its favor with costs in its behalf sustained. Jury Trial Demanded. EM ]. HUITON, ESQUIRE ttomey for defendant, GMR Restaurants fPennsylvania, Inc" improperly identified as OLIVE GARDEN and DARDEN RESTAURANT, INC VER!F!CAT!ON The undersigned, . I L~I~-A+,'i),.J ~~.(1 (('lJI ~. Scl-,(D'€c:!e S Le~ AI f\:5Sis~ authorized representative of DARDEN RESTAURANTS, INC, avers that the statement of facts contained in the attached ANSWER AND NEW MATTER is true and correct to the best of his information, knowledge and belief, and are made subject to the penalties of 18 PA. CONS. STAT. ANN 94909 relating to unsworn falsification to authorities. DARDEN RESTAURANTS, INC. BY: ~Z'<< J~ Authorized Representative DATE: March 15' ,2004 CERTIFICATE OF SERVICE I do hereby eertify that a true and correct copy of the foregoing ANSWER AND NEW MA TIER was served via U.S. First Class Mail, postage pre. paid, on this E day of March, 2004, upon the following counsel of record: Rominger & Bayley ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 (Attorney ftr Plaintiff) BY: E AND HUTTON ~ . HUTTON, ESQUIRE Attome for Defendant, OLIVE GARDEN and DARDEN RESTAURANTS,INC. q ~ --crD 1~2f~:.\, --yf-.. (,0'>'. ~(:, J::~C; :t~0 :2 -' ...., = = .&'" :X SO (..) --0 ;:l<: r;-? (:) Q. ~fQ -om ::01:( 90. L. :r:-H ~B orrl :.:;~t ~'O --< - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DIVISION Plaintiff, No. 03.6579 civil ISSUE NO.: vs, OUVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, PRAECII'E FOR WRIT OF SUMMONS JOINING ADDITIONAL DEFENDANT Defendants. HENRY L. LENKER, t/a H & N LANDSCAPING, Filed on Behalf of Defendant OUVE GARDEN AND DARDEN RESTAURANTS, INC. T/D/B/A OLIVE GARDEN vs. Additional Defendant. Counsel of Record for this Party: GERAU) ]. HUTTON, ESQUIRE PA LD. No. 23098 JURY TRIAL DEMANDED BASHLINE & HUTTON Suit 1650 One PPG Plaee Pittsburgh, P A 15222 (412) 391-7005 Firm LD. No.: 150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A, MELLOIT, CIVIL DIVISION Plaintiff, No. 03.6579 civil vs. ISSUE NO.: OLIVE GARDEN and DARDEN RESTAURANTS, INC t/d/b/a OLIVE GARDEN, Defendants vs. HENRY L. LENKER, t/a H. & N. LANDSCAPE, Additional Defendant. PRAECIPE FOR WRIT OF SUMMONS JOINING ADDITIONAL DEFENDANT TO: CURT LONG, PROTHONOTARY\ Cumberland County, Pennsylvania L PLEASE issue Writ of Summons to Join Additional Defendant, HENRY L.~NKER t/a H & N LANDSCAPE, 1243 Lisbum Road, Mechanicsburg, Pennsylvania 17055. BASHLINE AND HUITON BY: C,1WJ~ GERALD J. HUITON, ESQUIRE Attorney for Defendants, OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN ~,- -.,,~ (7":) c;...:) .c- -~ ==-tJ ::0 Q""" C,I -11 ::;:'----n ~~C~ -~llo.,J I~S (~) ._j --;:-, -'\ fl i - .. Po,) '-'".J Cumberland County, ss: The Commonwealth of Pennsylvania to Hen:ry L. Lenker t/a H & N Landscape (Name of Addiltional Defendant) You are notified that Olive Garden and Darden Restaurants, Inc. t/d/b/a (Name (s) of Defendant (s) ) Olive Garden has (have) joined you as an additional defendant in this action, which you are re- quired to defend. I>ate April 16, 2004 Curtis R. Lono l1rodronatary -------By ~()......, Q '2f/l/2/~ r- . Deput (SEAL) Heru:y L. Lenker t/a H & N Landscape 1243 Lisbunl Road MechanicsbUl:g, PA 17055 > ~ f-' r't:t: r'tO ~ ~5'g?&,~ N '-CD '-f-' g~ ~ .... ~~ 0. ". NCD f-'.en ti W O'~ r't , r't ~ OJ ::r w'O f-' I:"' I", I:"' '- b;' '" f-" f-' tj, 0. 1>"1::= f,'. f-'. ~[ f-'r'to\ :j=1 ('l i . 1r+U1(1)C-I g} Z :J> -.....ltll 0 . I:"'fb . 00' '" 01-3 ".CD ~ ~~ g: ~ a~ <: ::l ~o CD ~ [a f-' ::r r'tr't en ti b . r't 0 t"'..... :ill ('l . ~ B? ~ r't :ill 09 ~ [ r't t'l ;I>~ f-' en t!lz "'0 <J1 .g ~t!l 9:U1 ~ N a. <J1 ;l N H' ~O 8 N $' ~ CD ~~ e- en t f r't - ;I> ~ r ~ ~ ~ a II gj ~ ~I r't en . H 5 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CNIL DIVISION Plaintiff, No. 03-6579 civil vs. ISSUE NO.: OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, COMPLo\.INT TO JOIN Defendants vs. Filed on Behalf of Defendant OLNE GARDEN REST./DARDEN HENRY L. LENKER, t/a H. & N. LANDSCAPE, Counsel of Record for this Party: Additional Defendant. GERALD J. HUTTON PA LD. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, P A 15222 (412) 391.7005 Firm LD. No.: 150 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DIVISION Plaintiff, No. 03-6579 civil vs. ISSUE NO.: OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/d/b/a OLIVE GARDEN, Defendants vs. HENRY L. LENKER, t/a H. & N. LANDSCAPE, Additional Defendant. COMPLAINT TO JOIN ADDITIONAL DEFENDANT AND NOW comes original Defendant identified by Plaintiff as "Olive Garden and Darden Restaurant, Inc. t/ d/b/ a Olive Garden," by its attorney, Gerald.J. Hutton, Esquire and Bashline & Hutton, and sets forth the following Complaint joining Henry L. Lenker, /a H. & N. Landscaping, as Additional Defendant, and in support thereof sets forth the following: 1. Plaintiff Cynthia Mellott is an adult individual residing at 748 Pine Road, Carlisle, Pennsylvania. 2. Defendant, identified by Plaintiff as "Olive Garden and Darden Restaurants Inc. t/d/b/a Olive Garden", is alleged to be a corporate entity that operates the Olive Garden restaurant located at Carlisle Pike, Mechanicsburg, Pennsylvania. Defendant has filed an Answer alleging that the Olive Garden Restaurant at this location is operated, possessed and maintained by GMR Restaurants of Pennsylvania, Inc., a Pennsylvania Corporation. 3. Additional Defendant, Henry L. Lenker, is an adult individual with a regular place off business located at 1243 E. Lisburn Road, Mechanicsburg, PA 17055. As of January 8, 2002, Additional Defendant Henry L. Lenker traded and did business under the registered fictitious name of "H. & N Landscaping." 4. Plaintiff has f1led a Complaint with the Court at the above docket and term, alleging personal injuries as the result of an accident occurring on or about January 8, 2002, in the parking lot of the Olive Garden Restaurant located at Carlisle Pike, Mechanicsburg, Pennsylvania. Plaintiff alleges sustaining injuries when she slipped and fell. Plaintiff further alleges liability on the part of Defendant, inter alia, for failing to have the parking lot free from ice and snow; failing to make the area safe by putting salt or other material on the ice to melt it or to give pedestrian traffic traction; building or creating an artificial condition of the landscape which allowed snow and ice to accumulate; and allowing hills and ridges of ice to accumulate. A true and correct copy of Plaintiffs Complaint is attached hereto as exhibit "A," and incorporated herein for the purpose of filing this Complaint to Join. By making such reference and incorporation of Plaintiffs Complaint, Defendant makes no admission as the truth of the allegations contained in the Complaint. 5. Defendant has filed an Answer to the Complaint denying operation of the restaurant and further denying in general the allegations of negligence and liability contained in the Complaint. A true and correct copy of defendant's Answer is attached hereto as Exhibit "B", and expressly incorporated herein by reference as though set forth in full. 6. The exhibits attached thereto, Exhibits" A" and "B", constitute all the pleadings that have been filed in this action to date. 7. Additional Defendant was engaged in the business of landscaping work, which work includes the removal and salting of snow and ice from restaurant parking lots. 8. Prior to Plaintiff's alleged accident, the AdditionaJ Defendant agreed to remove snow and ice and to salt the parking lot at the Olive Garden restaurant located at Carlisle Pike Mechanicsburg Pennsylvania. 9. Under its agreement, Additional Defendant has assumed the responsibility and duty for removing snow and ice from the parking lot and to salt the parking lot as required. 10. At the time of the Plaintiff's alleged accident, January 8, 2002, Additional Defendant under its agreement had assumed the responsibility and duty 1:0 remove snow and ice from the parking lot and to salt the parking lot as required. 11. Defendant while continuing to deny the allegations contained in the Plaintiff's Complaint, all as set forth more fully in Defendant's answer, Exhibit "B" herein, and while continuing to deny that there existed a dangerous or defective condition of the premises including the parking lot of the Olive Garden Restaurant, Defendant states that in the event that it is established that Plaintiff was involved in an accident in the parking lot of the Olive Garden Restaurant located at Carlisle Pike on January 8, 2002 as alleged by Plaintiff, then in that event, Additional Defendant Henry L. Lenker, was negligent, which negligence was the legal and proximate cause of the alleged accident and injuries complained of herein. While continuing to deny the allegations of the Complaint and while continuing to deny that there existed a dangerous or defective condition of the premises, including the parking lot, of the Olive Garden Restaurant, Defendant avers that in the event that Plaintiff is found entitled to recover at trial, than in that event Additional Defendant was negligent in general and more particularly as follows: a. For failing to have the parking lot free from ice and snow; b. In failing to make the area safe by putting salt or other material on the ice to melt it or to give pedestrian traffic traction; c. In building or creating an artificial condition of the landscape which allowed snow and ice to accumulate; d. In allowing hills and ridges of ice to accumulate. e. In failing to inspect the parking lot for accumulation of snow and ice: f. In permitting snow and ice to remain on the parking lot surface; g. In failing to salt the parking lot in a timely manner; h. In failing to perform its contractual duty of removing snow and ice from the parking lot in a timely manner; and 1. In failing to conduct regular inspections of the parking lot to determine the presence of snow or ice. 10. Original Defendant while continwng to deny the allegations of the Plaintiff's Complaint, and while continuing to deny any negligence or liability on its part states that in the event that Plaintiff is found entirled to recover at trial, then in that event Additional Defendant is alone liable to Plaintiff, or in the alternative jointly and severally liable with original Defendant, liable over to original Defendant, and/or liable to original Defendant for indemnity and/or contribution for any sums which it may found liable to Plaintiff herein. WHEREFORE, original Defendant joins Henry L. Lenker, t/a H. & N. Landscape, the Additional Defendant and demands that judgment be entered in favor of original Defendant with costs in its behalf sustained. Respectfully submitted, BASHLINE & HUTTON ~ By: GERAL HUTTON, ESQUIRE Attorney for Original Defendant Mellott v. Olive Garden 03-6579 civil VERIFICATION I, Ms. Sherryl Schroeder, state that I am the l.Q)f~'..J yt6S,'S-iAnt/ L, i+-I'gMIMJ :"Darden Restaurants, Inc., a Defendant herein. I aver that the statements of fact contained in the attached COMPLAINT TO JOIN are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.CS.A. Section 4904 relating to unsworn falsification to authorities. Dated: (}1A/L ..:l-~, dIM 1 MJ"/~AJ Schroeder CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing COMPLAINT TO JOIN was served via U.S. First Class Mail, postage pre-paid, on this 30'" day of April, 2004, upon the following counsel of record: Rominger & Bayley ROMINGER & BAYLEY 155 South Hanover Street Carlisle, P A 17013 (Attorney fOr Plaintiff) Henry L. Lenker t/ a H & N Landscape 1243 Lisburn Road Mechanicsburg, P A 17055 BASHLINE AND HUTTON BY: W GERA 'ON, ESQUIRE Attorney for Defendant, OLIVE GARDEN and DARDEN RESTAURANTS, INC ,.... ".';. .'-".':~ : '\ ~ , , CYNTHIA A. MELLOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. ; CIVIL ACTION - LAW : NO: -03-6579 G '- ....' 0:::::) c:::. -"-- -j'" r' i...U o -n .--l ;1;:.D ,.'!- ,f"r'] '.? () OLIVE GARDEN and DARDEN RESTAURANTS, Inc. t/d/b/a OLIVE GARDEN Defendant.~ (;", . ; JURY TRIAL DEMANDED d.1 -'- ~_. ,-- ~l .- ::":; +:c> :"jJ -< o NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (200) 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 fc)rth against you. You are warned that if you fail to do so, the case may proceed without you and ajudgment may be entered against you by the COtlrt 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 ALA WYER, 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 MAYBE 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 South Bedford Street Cadisle, PA 17013 Phone: (71 7) 249-3166 AMERICANS WITH DISABILITIES ACT OF ]9900 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 19900. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. EXHIBIT A ~, ~ f' CYNTHIA A. MELLOTT, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. ; CNIL ACTION - LAW : NO: -03-6579 OLIVE GARDEN and DARDEN RESTAURANTS, Inc. t/d/b/a , OLIVE GARDEN Defendants ; JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Cynthia Mellott, by and through her attorney, Karl E. Rominger, Esquire and in support of her Complaint ave:rs as follows: I. Cynthia Mellott is an adult female individual residing at 748 Pine Road, Carlisle, Pennsylvania. 2. Olive Garden and Darden Restaurants, Inc., t/d/b/a Olive Garden is an incorporated establishment believed to be operating the Olive Garden restaurant located at Carlisle Pike, Mechanicsburg, Pennsylvania. 3. On or around January 8, 2002, Plaintiff sustained serious iqiuries when she slipped and fell on the premises at the Olive Garden Restaurant. 4. As a result of the fall, the Plaintiff suffered various other injuries which resulted in the necessity of medical treatment. 5. Said injuries, which were a result of the fall, caused Plaintiff severe physical pain and mental anguish including but not limited to pain and suffering, physical trauma, emotional distress, shock and nervousness to the system. COUNT I. NEGLIGENCE 6. Previous paragraphs are incorporated by reference. --- , 7. Plaintiff was a business invitee. 8. Defendant had a duty to keep the premise free from slippery, uneven, or other hazardous conditions so as to protect customers from hann. 9. Defendant breached its duty in that: (a) Defendant failed to have the parking lot free from ice or snow. . (b) Defendant failed to make the area safe by putting salt or other materials on the ice to melt it, or to give pedestrians traction. (c) Defendant failed to maintain a level and smooth parking lot, (d) Defendant failed to adequately light the premises so pedestrians could see or discern hazards. (e) Defendant built or created an artificial condition in the landscape which allowed snow and ice to accum'ulate. (f) Defendant failed to warn ofa known hazard(s), and recurring condition(s), in the parking lot. (g) Defendant allowed hills and ridges of ice to accumulate. 10. As a direct result of Defendant's negligence Plaintiff sustained injuries which resulted in medical costs, physical, mental and emotional i~uries, including pain, suffering, nervousness and the like. II. Defendant's actions are the direct and proximate c<iuse of Plaintiff s i~ uries. ~ , ,~ , WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award in her favor in an amount in excess of the statutory limits for compulsory arbitration, including costs of this suit and attorneys fees, Respectfully submitted, . ROMINGER, BAYLEY & WHARE "..-'~"~7 Date; February 25, 2004 ~. -'---.-.---- ~' , Karl E. Rominger, Esquire 155 South HaiJover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff '1 '~. ,. VERIFICATION I verify that I am the petitioner and that the statemlents made in the foregoing Petition are true and correct. 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: Jj,9, 3 /0</ , . . () "/W.. '-. m..JJ.~ ~ Cynthia Mellott -""", ,. CYNTHIA A. MELLOTT, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ; NO: -03-6579 OLIVE GARDEN and DARDEN RESTAURANTS, Inc, t/d/b/a OLIVE GARDEN Defendants : JURY TRIAL DEMANDED . CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows; Gerald J. Hutton, Esquire BASHLINE & HUTTON Suite 1650, One PPG Place Pittsburgh, P A 15222 7 /.,... " Karl E, Rominger, Esquire Attorney for Plaintiff Dated: February 25, 2004 "- ") -.-,,'"' -, .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND CQUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CNIL DI\i1SION Plaintiff, No. 03-6579 civil vs. ISSUE NO..: OLIVE GARDEN and DARDEN RESTAURANTS, INC t/d/b/a OLIVE GARDEN, ANSWER TO COMLo\.INT AND NEW MATTER Defendants. Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC T/D/B/A OLIVE GARDEN TO THE WITHIN PLAINTIFF: You are hereby required to Plead to the within w Matter within twenty (20) days of service th reof or a default judgment may be entered ag inst you. Counsel of Record for this Party: GERALD J. HUTTON, ESQUIRE P A LD. No. 23098 BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005_ JURY TRIAL DEMANDED Firm LD. No.: 150 EXHIBIT B ') ~ '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CNIL DIVISION Plaintiff, No. 03-6:;79 Civill vs. OLIVE GARDEN and DARDEN RESTAURANTS, INC t/d/b/a OLIVE GARDEN, .. Defendants, ANSWER AND NEW MATTER AND NOW, comes the defendant, improperly identified as Olive Garden and Darden Restaurants, Inc., by its attorneys BASHLINE & HUTTON, and Gerald J. Hutton, Esquire and states that defendant has a full, just, complete and legal defense to the allegations contained in the plaintiff's complaint and in support thereof sets forth the following: 1. As to those allegations appearing in plaintiffs complaint alleging that defendant Olive Garden and Darden Restaurants Inc. owned, operated, leased and/or possessed and maintained the Olive Garden Restaurant located on Carlisle Pike, Mechanicsburg. Pennsylvania, said allegations are denied as stated and to the contrary, the Olive Garden Restaurant located on Carlisle Pike, Mechanicsburg, Pennsylvania is operated, possessed, and maintained by GMR Restaurants of Pennsylvania, Inc., a Pennsylvania Corporation. Accordingly, _ the allegations contained In paragraphs 2, 3, 4 and 7 of the complaint are denied as stated. 2. As to those allegations appearing in plaintiff's complaint, including paragraph number 9 alleging that there existed a dangerous or defective condition on the premises of the Olive Garden Restaurant, said allegations are denied and to the contrary it is denied that there existed a dangerous ) ~ " and defective condition on the premises of the Olive Garden Restaurant. It is also denied that any such alleged dangers of defective condition were the proximate cause of the injuries and damages claimed by the plaintiff herein. To the contrary, the Olive Garden Restaurant was maintained in a proper and reasonable manner in accordance with the standards applicable to a restaurant. 3. Defendant is advised by counsel that it may set forth a general denial to the allegations contained the plaintiff's complaint and accordingly those allegations appearing in paragraphs 1, 2, 3, .. 4, 5, 6, 7, 8, 9, 10, and 11 which have been not expressly admitted or denied in the preceding paragraphs of this answer, are denied in general in accordance with Rule 1029 of the Pennsylvania Rules Of Civil Procedure and strict proof thereof is demanded at time of trial. WHEREFORE, defendant, improperly identified as Olive Garden and Darden Restaurants Inc. demands that judgment be entered in its favor with costs in its behalf sustained. NEW MATTER By way of further and more complete answer to the allega.tions of the plaintiff's complaint, defendant sets forth the following New Matter: 4. Plaintiff's Complaint fails to set forth a cause of action r(,cognized at law. 5. The Olive Garden Restaurant located on Carlisle Pike, Mechanicsburg, Pennsylvania is possessed and maintained by GMR Restaurants of Pennsylvania, Inc., a Pennsylvania Corporation. 6. Defendant asserts in general, plaintiff's contributory and/or comparative negligence in accordance with Rule 1030 of the Pennsylvania Rules of Civil Procedure. 7. Defendant asserts in general, plaintiff's assumption of the risk and/or voluntary assumption of the risk in accordance with Rule 1030 the Pennsylvania Rules of Civil Procedure. 8. Defendant, while continuing to deny any negligence or Hability on its part, states that in the event that it is established at trial that plaintiff was involved in an accident as alleged, then in that event said accident was the result of the acts of persons or parties other than this defendant, whose -, -, acts were independent, intervening and superseding and for which this defendant is not liable or responsible to plaintiff. 9. Defendant, while continuing to deny any negligence or liability on its part, states that in the event that it is established at trial that plaintiff was involved in an accident as alleged, then in that event the injuries and damages claimed by plaintiff are the result of a pre-existing condition or illness, or the result of an unrdated injury or accident or condition and for which this defendant is .. not liable or responsible to plaintiff. 10. In the event that plaintiff filed suit more than two years after the accident, then in that event plaintiffs action is barred by reason of the applicable statue of limitations. WHEREFORE, defendant, improperly identified as Olive Garden and Darden Restaurants Inc. demands that judgment be entered in its favor with costs in its behalf sustained. Jury Trial Demanded. BASHLINE & HUTTON C' E J. HUTTON, ESQUIRE ttorney for defendant, GMR Restaurants f Pennsylvania, Inc., improperly identified as OLIVE GARDEN and DARDEN RESTAURANT, INC .~ . ') ,-- VER!F!CAT!O~~ The undersigned, I L.: -+ I ~ .A.h'i) ,.J ~~~(('~I ~. Sc..hl"'D-ed-eS l"~A'l\:;Sis~ authorized . representative of DARDEN RESTAURANTS, INC. avers that the statement of facts contained in the attached ANSWER AND NEW MATTER is true and correct to the best of his information, knowledge and belief, and are made subject to the penalties of 18 PA. CONS. STAT. ANN !~4909 relating to unsworn falsification to authorities. DARDEN RESTAURANTS, INC. BY: ~rf J~ Authorized Representative DATE: March I? ,2004 ') .~ , CERTIFICATE OF SERVICE; I do hereby certify that a true and correct copy of the fc)tegoing ANSWER AND NEW MATTER was served via U.S. First Class Mail, postage pre-paid, on this..d!!: day of March, 2004, upon the following counsel of record: ~ Rominger & Bayley ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PA 17013 (Attornry fOr Plaintiff) BY: . HUTTON, ESQUIRE Attorne for Defendant, OLIVE GARDEN and DARDEN RESTAURANTS, INe. , o ~..:; ::s -<: ..." t:~;:) C=> ,L- :T: "100 -.< \ ("j ~ .... ~:n r ~{l9 (") I =.,C) -r'-Ti ~l. f~ ~ -< --0 :,'j,: ,,' C') N SHERIFF'S RETURN - REGULAR CASE NO: 2003-06579 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLOTT CYNTHIA A VS GARDEN OLIVE ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon LENKER HENRY L T/A H & N LANDSCAPE ADD'L DEFENDANT, at 1802:00 HOURS, on the 20th day of April at 1243 EAST LISBURNROAD MECHANICSBURG, PA 17055 DAVE REDDING, LANDSCAPE by handing to FOREMAN, ADULT IN CHARGE the 20004 a true and attested copy of WRIT TO ADD'L DEFEN. together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.28 .00 10.00 .00 36.28 Sworn and Subscribed to before me this ol~~ day of ~_ d,i)()'{ A.D. ( '}. Q 7uJj~A ~ AYpi ~thonotary , So Answers: r'~~ R. Thomas Kline 04/21/2004 BASHLINE & HUTTON BY'cI?,"? GREGORY E. CASSIMATIS, ESQUIRE Attorney I. D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 ATTORNEY FOR ADDITIONAL DEFENDANT, H&N Landscaping, Inc. CYNTHIA A. MELLOTT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CNIL ACTION - LAW v. NO. 03-6579-CNIL OLNE GARDEN and DARDEN, RESTAURANTS, INC. t/d/b/a OLNE GARDEN, Defendant v. HENRY L. LENKER, t/aH&N LANDSCAPE, Additional Defendants: PRAECIPE FOR ENTRY OF APPEARANCI~ TO THE PROTHONOTARY; Please enter my appearance on behalf of Additional Defendant, Henry L. Lenker, t/a H&N Landscape in the above captioned matter. Date: 5"- /j~(j l.f "'/ ;---.... ~~ Grego . Cassimatis, Esquire Attorn y for Additional Defendant CERTIFICATE OF SERVICE AND NOW, this 19./:1 day of ~ ' 2004, I, Gregory E. Cassimatis, Esquire, Attorney for Additional Defendant, Henry 1. Lenker, t/a H&N Landscape hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 Gerald J. Hutton, Esquire Bashline & Hutton Suit 1650 One PPG Place Pittsburgh, PA 15222 By; --....: Grego . Cassimatis, Esquire 4999 LOuise Drive, Suite 103 Mechanicsburg, P A 17055 (717) 791-0400 Attorney J.D. # 49619 """ . "', c~.:::> ~ o -n .--l "1:_ rnp -nrn :-.!}C? Sc:;o ?5~'~ /''';In ~:::-l ~. '-"'.:J =< -; "" CJ -1:-:) _..:!'~ r0 w .r:- GREGORY E. CASSIMATIS, ESQUIRE Attorney I. D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717)791-0400 ATTORNEY FOR ADDITIONAL DEFENDANT, H&N Landscaping, Inc. CYNTHIA A. MELLOTT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CNIL ACTION - LAW v. NO. 03-6579-CNIL OLNE GARDEN and DARDEN, RESTAURANTS, INC. t/d/b/a OLNE GARDEN, Defendant v. HENRY L. LENKER, t/a H&N LANDSCAPE, Additional Defendant : To: Olive Garden and Darden Restaurants, Inc. t/d/b/a Olive Garden c/o Gerald J. Hutton, Esquire Bashline & Hutton Suit 1650 One PPG Place Pittsburgh, PA 15222 Date of Notice: fo -K'-Of.{ Cynthia A. Mellott c/o Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 NOTICE You are hereby notified to file a written response to the (mc1osed New Matter within twenty (20) days of the date of service hereof pursuant to Pa. RC.P. 1026, or default judgment may be entered against you. Date: to -IS' --0 '( By: ~- ,) 4~ ~'assimatis, Esquire Attorney for Additional Defendant GREGORY E. CASSIMATIS, ESQUIRE Attorney I. D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, P A 17055 (717)791-0400 ATTORNEY FOR ADDITIONAL DEFENDANT, H&N Landscaping, Inc. CYNTHIA A. MELLOTT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CNIL ACTION - LAW v. NO. 03-6579-CNIL OLNE GARDEN and DARDEN, RESTAURANTS, INC. t/d/b/a OLNE GARDEN, Defendant v. HENRY 1. LENKER, t/a H&N LANDSCAPE, Additional Defendant: ADDITIONAL DEFENDANT'S ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 225Ud) TO JOINDER COMI'LAINT OF DEFENDANTS. OLIVE GARDEN AND DARDEN RESTAURANTS. INC.. tJdlb/a OLIVE GARDEN Additional Defendant, Henry 1. Lenker, t/a H&N Lands(:ape, by and through his counsel, Gregory E. Cassimatis, Esquire answers the Joinder Complaint of Defendants, Olive Garden and Darden Restaurants, Inc., t/d/b/a Olive Garden as follows: 1. Admitted on information and belief. 2. Admitted on information and belief. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted on information and belief. 7. Denied as stated. Additional Defendant was engaged in the business oflandscaping work, which work includes the plowing of snow and salting of parking lots and driveways on a time and material basis at the request of the property owner. 8. Denied as stated. Prior to Plaintiff's alleged accident, the Additional Defendant agreed to plow snow as reflected in the proposal attached hereto as Exhibit "A". By way of further answer, salting of the parking lot was to be done on a time and material basis when requested by the property owner. 9. Denied. On the contrary, Additional Defendant agre,ed to snow plowing services for the Defendants at set forth in Exhibit "A". Byway of further answer, salting of the parking lot was to be done at the request ofthe Defendants on a time and material basis. At no time relevant hereto did the Defendants request the Additional Defendant to salt the parking lot. 10. Denied. On the contrary, Additional Defendant agre,ed to snow plowing services for the Defendants at set forth in Exhibit "A". By way of further answer, salting of the parking lot was to be done at the request of the Defendants on a time and material basis. At no time relevant hereto did the Defendants request the Additional Defendant to salt the parking lot. II. Denied. The allegations contained in Paragraph 11 of Defendants' Joinder Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. To the extent a response is deemed required, Paragraphs I I (a)-(i) are specifically denied. lO.[sic.] Denied. The allegations contained in Paragraph lO[sic.] of Defendant's Joinder Complaint contain legal conclusions to which no responsive pleadings is required and the same are deemed denied. WHEREFORE, Additional Defendant, Henry L. Lenker, t/a H&N Landscape demands judgment in his favor and against the Defendants and all oth'~r parties. NEW MATTER 13. Plaintiff s claim fails to set forth a cause of action upon which relief can be granted against the answering Additional Defendant. 14. Plaintiffs claims are barred and/or limited by the Pelmsylvania Comparative Negligence Statute. 15. The Plaintiffs cause of action and/or right of recovery is barred or modified by the Doctrine of Assumption of Risk as applied in the Commonwealth of Pennsylvania. 16. If there was any negligence which caused damages or injuries to the Plaintiff, such negligence was of other persons, firms, corporations or entities over whom the answering Additional Defendant had no responsibility or right of control and over whose actions answering Additional Defendant is not legally responsible. 17. Any condition claimed by the Plaintiff to be dangerous and/or hazardous was at all times pertinent hereto open and obvious and conspicuous and Plaintiff knew or should have known of same. 18. Plaintiffs Complaint is barred as to the answering Additional Defendant due to the applicable statute oflimitations and, therefore, said Additional Defendant has no direct liability to the Plaintiff. WHEREFORE, Additional Defendant, Henry 1. Lenker, t/a H&N Landscaping demands judgment in his favor and against the Defendants and all other parties. NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) 19. Additional Defendant, Henry 1. Lenker, t/a H&N Landscaping incorporates herein, by reference, all well pleaded averments and causes of action as stated by Plaintiff in her Complaint. The answering Additional Defendant denies all averments ofliability, but if, upon adjudication of Plaintiff s cause of action, it is judicially determined that said Additional Defendant is liable to the Plaintiff, said liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness and recklessness of Co-Defendants, Olive Garden and Darden Restaurants, Inc. t/d/b/a Olive Garden for which claim is hereby made for contribution and/or indemnity. 20. As the direct and proximate result ofthe foregoing, Co-Defendants, Olive Garden and Darden Restaurants, Inc. t/d/b/a Olive Garden are alone liable to Plaintiff or liable over to the Additional Defendant or jointly and severally liable to the Plaintiff. WHEREFORE, Additional Defendant, Henry L. Lenker, t/a H&N Landscaping demands indemnity and/or contribution, as the court may deem appropriate in his favor and against Co-Defendants, Olive Garden and Darden Restaurants, Inc. 1tId/b/a Olive Garden and demands that said Defendants be found solely liable to the Plaintiff, jointly and severally liable with the Additional Defendant, or liable over to the Additional Defendant as in contribution or indemnity. Date: 6-/11-00 By; ~;~~+ Grego . Cassimatis, Esquire Attorney for Additional Defendants -.-~. ~ ?Ei:ri!'1l:l~M -, ~---'. .=~~._-" :'1 I' !\ ill: II<:N tJi!'fj)!H::D~G ',i 134iii.ltut ::""lfbu.'i'n. ball Ii ~s,~l~l;l':"CIHi 1'1 !(l1a1).1-_",1~-l~r.l ___._..___..._._il 1'"" IB~ ",-@Ql~ ! h<o9....I(\u.<Ill4. II Ii \ " I 5345 ii .._w..~......__.__,"_. _______,__ ._""_.. ...._..,.....____....__.".1, ilillUloli'-'- --V,ilonri-- ----. ~3!l.'Yll II lIThe OI:"-"_,~.."?~n_#W~_.._ __. -1200::..~'~O__. _'_ 1_,_._~Q!J.st3.2PQ1. '-:1 I~ 'jOlllIU",'l!: :1 li~~;;~:i"{:; -- -- . 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'''.-...'''..----...." "jl :i=""'-==-'" ----- - .".--.---::...-~:~:: --.:.... ---- ~.::.::.--.---..:! lii1~~~ t:l!':~nee Oi9.V'CleoTtirCl.l\lh Th~ f(~,!"Il,,{BIl9,iU8ii'l~ur!lnQll NI~cy,. Heti~~t~-F.1,...::_:::_:....".:--:i ~_.Yr._____....___.____ ""'___"_" _. .--........_........... ,....~: j: f)~PROf.:O'!3AL I$}.\CCEP,TED, PI.EA5E-5iGr~ 9NE_ GOf'~:ANOREfijRIII T9: H ~_"::::..==-_.. J11 Ij&<<eN_eoll"l~: . 1-n-....-~.lRP'--_..._...lZoPaIQ ~....-~lU'0111.....~WWi.~ ~~~ !I 1!~lNlCOWN..'fft.U1Il~l:3titt_~N"~Il..~ ,,"-- /'- . , , ~ '" . I '...tl.1lwi~!li~~'1 ' 11l')fU\:t4fAcM~1I1 ~-)J.vP D1 _ '1';", I , I.',,_~- ,... .._, _,_=="_._,._,",."...-=<=_........~ E y;k/,;t ''Il'1 VERIFICATION 1, Henry L Lenker, QWll8l' Qf H&N Landscaping, ll. Defendant herein, verify that I am authorized to execute this verification and verify that the facts set forth in the foregoing Additional Defendants' Answer ~ith New Mattex and New Matter Pursuant to Pa,R-C.P. 22S2(d) to Co. Defcmdant'$ Joinder Complaint atI:i true and com:ct to tbe best of my knowledge, information, all;;! belief. Th.is statement is made subject to the p~alties of 181>a, C,S,A. Sectio1l4904 relating to unsworn falsification to authorities, ) (/' Date: ~~/J-O'l CERTIFICATE OF SERVICE AND NOW, this I~ day of 5<--'1<' , 2004, I, Gregory E. Cassimatis, Esquire, Attorney for Additional Defendant, Henry L. Lenker, t/a H&N Landscape hereby certify that I served a copy of the within Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) of Co-Defendant's Joinder Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Gerald J. Hutton, Esquire Bashline & Hutton Suit 1650 One PPG Place Pittsburgh, PA 15222 By:_ Griego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Ml:chanicsburg, P A 17055 (717) 791-0400 AtllorneyLD. # 49619 F? r-.> c=> <;fl '. = J:- c_ :J! c:: ;;;i"': rn :!1 " -nFr; c' :t'6 0 _I -0 ..t...,..- :?-,:: i':"5 ::d ",,,.('") 'Y c:-:)cn , :;,:::' -< ul :'ii .t.-~ ....:;: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A, MELLOTT, CIVIL DIVISION Plaintiff, No. 03-6579 civil vs, ISSUE NO.: OLNE GARDEN and DARDEN RESTAURANTS, INC t/d/b/a OLNE GARDEN, REPLY TO NEW MATTER AND CROSS CLo\.IM Defendants. vs, Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC T/D/B/ A OLIVE GARDEN HENRY L. LENKER, t/a H & N LANDSCAPING, Additional Defendant. Counsel of Record for this Party: GERALD J. HUTTON, ESQUIRE PA LD. No. 23098 JURY TRIAL DEMANDED BASHLINE & HUTTON Suit 1650 One PPG Place Pittsburgh, PA 15222 (412) 391-7005 Firm LD, No.: 150 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CNIL DIVISION Plaintiff, No. 03-6579 civil vs, ISSUE NO,: OLIVE GARDEN and DARDEN RESTAURANTS, INC t/d/b/a OLIVE GARDEN, Defendants. vs. HENRY L. LENKER, t/a H & N LANDSCAPING, Additional Defendant. REPLY TO NEW MATTER AND CROSS CLo\.IM And NOW, comes original defendant Olive Garden and Darden Restaurants, Inc. t/d/b/a Olive Garden, by its attorneys Bashline & Hutton, and Gerald J. Hutton, Esquire and sets forth the following reply to the new matter and cross-claim set forth by additional defendant Henry L. Lenker and in support thereof sets forth the following: 1. The allegations contained in Paragraph 13 of additional defendant's Answer and New Matter contain only legal conclusions to which no response is required. To the extent that further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though said Complain to Join were set forth at lengrh and in full here. 2. The allegations contained in paragraph 14 of additional defendant's Answer and New Matter contain only legal conclusions to which no response is re{luired. To the extent that further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though set Complain to Join were set forth at length and in full here, 3, The allegations contained in paragraph 15 of additional defendant's Answer and New Matter contain only legal conclusions to which no response is required. To the extent that further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though set Complain to Join were set forth at length and in full here. 4. The allegations contained in paragraph 16 of additional defendant's Answer and New Matter contain only legal conclusions to which nO response is required. To the extent d,at further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though set Complain to Join were set forth at length and in full here. 5, The allegations contained in paragraph 17 of additional defendant's Answer and New Matter contain only legal conclusions to which no response is required. To the extent that further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though set Complain to Join were set forth at lengrh and in full here. 6, The allegations contained in paragraph 18 of additional defendant's Answer and New Matter contain only legal conclusions to which no response is required. To the extent that further response is required, original defendant expressly incorporates the Complaint to Join additional defendant as though set Complain to Join were set forth at lengrh and in full here. By way of further response it is denied that the statute of limitations bars any claims brought by original defendant and is denied that claims for contribution and indemnity are barred by the statute of limitations as alleged by additional defendant herein. Wherefore, original defendant demands that judgment be entered in its favor with costs in its behalf sustained. REPLY TO CROSS CLo\.IM By way of further response, original defendant sets forth the following response to the cross- claim fIled by additional defendant in support thereof sets forth as follows: 7. The allegations contained in paragraph 19 of the cross-claim filed by additional defendant contain only legal conclusions to which no response is required. To the extent that further response is necessary, it is expressly denied that original defendant was negligent, careless and or reckless, and it is denied that original defendant is alone liable to plaintiff, jointly and severally liable with additional defendant, or liable over to additional defendant for indemnity and/or contribution. To the extent of further response is required original defendant expressly incorporates by reference the Answer and New Matter fIled on its behalf in this action as though said Answer and New Matter were set forth at lengrh and in full here. 8. The allegations contained in paragraph 20 of additional defendant's cross-claim are denied. Original defendant expressly denies being alone liable, jointly and severally liable, liable over or liable to additional defendant for indemnity and/or contribution, To the extent that further response is necessary, it is expressly denied that original defendant was negligent, careless and or reckless, and it is denied that original defendant is alone liable to plaintiff, jointly and severally liable with additional defendant, or liable over to additional defendant for indemnity and/or contribution. To the extent of further response is required original defendant expressly incorporates by reference the answer and new matter, and complaint to join fIled on its behalf in this action as though said pleadings were set forth at length and in full here. Wherefore, original defendant demands that judgment be entered in its favor with costs in its behalf sustained. B SHLINE & HUTTON By: Gerald J. Hutton, Esquire Attorney for Original Defendant Olive Garden and Darden Restaurants, Inc. t/d/h/a Olive Garden Mellott: v, Olive Garden 03-6579 Civil VERIFICATION I, Gerald J. Hutton, Esquire, do hereby verify that I am the attorney of record for original defendant in the within matter. I aver that the statements of fact contained in the attached REPLY TO NEW MATTER AND CROSS CLAIM are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa,CS,A. Section 4904 relating to unsworn falsification to authorities. Dated: June 22, 2004 Q ~~'\, GERALD J. HUTTON, ESQUIRE Attorney for Defendant, Olive Garden and Darden Restaurants, Inc. t/ d/b/a Olive Garden CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing REPLY TO NEW MATTER AND CROSS CLAIM was served via U.S. First Class Mail, postage pre-paid, on this 22,d day of June, 2004, upon the following counsel of record: Karl E, Rominger, Esquire ROMINGER & BAYLEY 155 South Hanover Street Carlisle, PAl 7013 (Attorney fOr Plaintiff) Gregory E. Cassimatis, Esquire Suite 103 4999 Louise Drive Mechanicsburg, PA 17055 (Attorney for Henry L Lenker t/ a H&N Landscape) BY: GE J. HUTTON, ESQUIRE Attorney for Defendant, OLNE GARDEN and DARDEN RESTAURANTS,INC r"; () c~ !: ...., => = ,..L;- L- ~.~ "",- o 'T1 ::1 ';:~-n r;1-- -.,h, ;:~J? "~~:{(~ ?-~~~ i")rn _--=--1 :"];J -< '''' "'- ....;~ r-.) (,..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOn, CIVIL DIVISION Plaintiff, No. 03-6579 civil vs. ISSUE NO.: OLIVE GARDEN and DARDEN RESTAURANTS, INC t/ d/b/ a OLIVE GARDEN, NOTICE TO TAKE ORAL DEPOSITION OF PLAINTIFF Defendants. Filed on Behalf of Defendant OLIVE GARDEN AND DARDEN RESTAURANTS, INC T/D/B/A OLIVE GARDEN vs. HENRY L. LENKER, t/ a H & N LANDSCAPING, Counsel of Record for this Party: Additional Defendant. GERALD.J. HUnON, ESQUIRE P A J.D. No. 23098 BASHLINE & HUTTON Suite 3500 - One Oliver Plaza 210 Sixth Avenue Pittsburgh, PA 15222 JURY TRIAL DEMANDED Ph: (412) 434-0201 Firm I.D. No.: 150 03-6579 civil THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA A. MELLOTT, CIVIL DIVISION Plaintiff, No. 03-6579 civil vs. OLIVE GARDEN and DARDEN RESTAURANTS, INC. t/ d/b/ a OLIVE GARDEN, Defendants. NOTICE TO TAKE ORAL DEPOSITION TO: CYNTHIA A. MELLOTT, Plaintiff c/o James I. Nelson Esquire 155 South Hanover Street Carlisle, P A 17013 Please take Notice that on WEDNESDAY, FEBRUARY 23, 2005, beginning at 9:00AM, in the offices of ROMINGER, BAYLEY & WHARE located at 155 SOUTH HANOVER STREET, CARLISLE, PENNSYLVANIA 17013, the defendant, DARDEN RESTAURANTS, INC., will take the deposition of, CYNTHIA MELLOTT, PLAINTIFF upon oral examination pursuant to the Rules of Civil Procedure before an official Court Stenographer or by some other person authorized by law to administer oaths. The scope of the within deposition will include all matters which are relevant to the issues in this case. You are invited to attend and cross-examine if you wish to do so. BASHLINE & HUTTON hk' I-wry BY: GERALD J. HUTTON, ESQUIRE Attorney for Defendant, DARDEN RESTAURANTS, INC. 03-6579 civil CERTIFICATE OF SERVICE: I do hereby certify that a true and correct copy of the foregoing NOTICE TO TAKE ,\1, ORAL DEPOSITON was served via U.S. First Class Mail, postage pre-paid, on this ~ day of January, 2005, upon the following counsel of record: James 1. Nelson, bsquire ROMINGER, BAYLEY & WHAllli 155 South Hanover Street Carlisle, P A 17013 (Attornry for Plainti.fJ) Gregory E. Cassimatis, Esquire Cincinnati Insurance Company Suite 103 4999 Louise Drive Mechanicsburg, P A 17055 (Attornry for Additional Deftndant Lenker) "\ l~~4vW Gerald J. Hutton Attorney for D,:,.fendants, OLIVE GARDEN, DARDEN RESTAURANTS, INC. () 1'"" (---.-: = 0 :.-~ C.2J, <.:..n -, j , , '- ::;:! :r::.. 2.: f~;'l 7:; r- -r:) rrr a ;1) C'J :~:a 0 -';':) -r- :r: :-.]"~; (,,) [j-"i ..,..::- ; "'-, I..C CYNTHIA A. MELLOTT, Plaintiff v. OLIVE GARDEN and DARDEN RESTAURANTS, fnc. t/d/b/a OLIVE GARDEN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVfL ACTION - LAW : NO: -03-6579 : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please settle, withdraw and dismiss with prejudice the above captioned matter on behalf of the Plaintiff. Date:()f!( J-f) coj'- Respectfully submitted, ROMINGER, BAYLEY & WHARE /- Karl E, Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court 1.D. # 81924 Attorney for the Plaintiff "".i l.i \:.-' I....,) Co