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HomeMy WebLinkAbout08-3457R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 93177 3513 NORTH FRONT STREET ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELL u@RJMARZELLA.COM TELEPHONE: (717) 234-7828 FACSIMILE: 17171234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. ?g ' 3?I5'1 et vi (T Plaintiff Civil Action - Law vs. Brenner Chrysler Jeep, Brenner Motors, Inc. Brenner Chrysler Jeep, LLC. Defendants . Jury Trial Demanded NOTICE TO DEFEND 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 defense 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 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, Pennsylvania (717) 249-3166 r .10?1 NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su p esona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted pueda perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania (717) 249-3166 Respectfully submitted, By: Zachary NC?pbell, Esquire Sup urt Identification No. 93177 Dated: 0 3 2?Q 2 R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 93177 3513 NORTH FRONT STREEr ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELL@a RJMARZELLA.COM TELEPHONE: (717) 234-7828 FACs1MILE: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. 0 ?- 3 y57 ?- Plaintiff Civil Action - Law vs. Brenner Chrysler Jeep, Brenner Motors, Inc., Brenner Chrysler Jeep, LLC., Defendants fury Trial Demanded COMPLAINT 1. At all relevant times hereto, Doris Gelbaugh, the Plaintiff, was an adult- individual residing at 4720 Delbrook Road, Mechanicsburg, PA 17050. 2. At all relevant times hereto, Brenner Chrysler jeep (hereinafter `Defendant Brenner') was a corporation duly incorporated in the Commonwealth of Pennsylvania with a principal place of business located at 6039 Carlisle Pike, Mechanicsburg, PA 17055. 3. At all relevant times hereto, Brenner Motors, Inc., (hereinafter `Defendant Motors') was a corporation duly incorporated in the Commonwealth of Pennsylvania Docket No. with a principle place of business located at 6039 Carlisle Pike, Mechanicsburg, PA 17055. 4. At all relevant times hereto, Brenner Chrysler Jeep, LLC., (hereinafter `Defendant jeep') was a corporation duly incorporated in the Commonwealth of Pennsylvania with a principle place of business located at 6039 Carlisle Pike, Mechanicsburg, PA 17055. 5. At all relevant times hereto, the above named Defendant(s) had the right and/or responsibility to control the area in question, where the Plaintiffs fall occurred as described in this Complaint. 6. At all relevant times hereto, the above named Defendant(s) had the right and/or responsibility to maintain and/or repair the area in question, where Plaintiff's fall occurred as described in this Complaint. 7. At all relevant times hereto, the person(s) charged with the duty of maintaining the area at issue were agents, apparent agents, ostensible agents, employees, and/or servants of Defendant Brenner/Motors/Jeep. 8. At all relevant times hereto, Ms. Gelbaugh was an invitee and/or licensee of the above-captioned Defendants. 9. On or about November 3, 2006, Ms. Gelbaugh traveled to Defendants to have her automobile repaired because of problems with the windows of the vehicle. 10. Ms. Gelbaugh remained on Defendant Brenner/Motorsleep's property at all relevant times. Docket No. 11. Ms. Gelbaugh asked an employee and/or agent of Defendant Brenner/Motorgeep which area was designated by Defendants as the entrance to the service area. of the facility. 12. The Defendants' employee and/or agent instructed Ms. Gelbaugh to enter thought the service entrance door. 13. The Defendant's employee and/or agent held the door open for Ms. Gelbaugh as she entered the building. 14. Ms. Gelbaugh went into Defendant's building and waited in the service area waiting room. 15. After some time passed, an employee and/or agent of Defendants instructed Ms. Gelbaugh that parts had to be ordered off site to fix her vehicle. 16. Unfortunately, this would require Ms. Gelbaugh's vehicle to be held overnight at Defendants' facility. 17. Ms. Gelbaugh was then told by an employee and/or agent of Defendant's that the Defendants' driver would provide her with a ride to her home. 18. Once the Defendant's driver arrived, Ms. Gelbaugh was led out of Defendant's building utilizing the service entrance. 19. As Ms. Gelbaugh and the driver reached the service exit door, the driver walked in front of Ms. Gelbaugh and held the door open for her. 20. As Ms. Gelbaugh left the building, the lack of a safe and proper step caused her to fall forward headfirst. 3 Docket No. 21. The inadequate designed entryway, door and step caused Ms. Gelbaugh to fall. 22. Ms. Gelbaugh fell face forward and down onto the hard, cement ground injuring both her lower extremities. 23. Ms. Gelbaugh lay on the ground in pain and was unable to get up without I I assistance. 24. The Defendants' driver assisted Ms. Gelbaugh into the waiting vehicle, I wherein the driver took Ms. Gelbaugh to her home. 25. Ms. Gelbaugh was stunned and embarrassed after her fall and was in considerable pain. 26. Once at her home, the Defendant's driver had to assist and nearly carry Ms. Gelbaugh into her house. 27. Ms. Gelbaugh's daughter eventually arrived at her residence and immediately took her to Seidle Memorial Hospital in Mechanicsburg, Pennsylvania. 28. Once at hospital, a wheelchair was used to transport Ms. Gelbaugh from her daughter's vehicle into the Emergency Room. 29. Ms. Gelbaugh was complaining of pain in both of her lower extremities, but her complaints were worse for her left leg. 30. The emergency room staff ordered x-rays of Ms. Gelbaugh's lower left leg and they revealed a broken left tibula. 31. In addition, Ms. Gelbaugh had severe bruising and pain in both legs. 4 Docket No. 32. Ms. Gelbaugh then followed up with an orthopedic surgeon and continues to treat with this surgeon for her injuries at the present time. 33. The uneven and/or nonexistent step was a dangerous condition that created an unreasonable risk of harm to Ms. Gelbaugh. 34. The uneven and/or nonexistent step is located in an area with a high volume of pedestrian traffic, which is designated by Defendant Brenner/MotorsQeep as the vehicle service entrance. 35. Defendant Brenner/Motorsleep knew or should have known of the uneven and/or nonexistent step prior to Ms. Gelbaugh's fall. 36. Defendant Brenner/Motors/jeep had a duty to repair, and/or modify, and/or warn Ms. Brenner of the uneven and/or nonexistent step prior to the fall. 37. There were no warning signs, indicators, and/or cones to alert Ms. Gelbaugh of the immediate danger of the uneven and/or nonexistent step. 38. Ms. Gelbaugh ultimately underwent extensive treatment for her injuries including a plaster cast, an air cast, physical therapy, an "Arizona" brace and will likely have future corrective surgeries. 39. Ms. Gelbaugh still suffers from pain, weakness, and physical limitations, including injuries to her left leg as a direct and proximate result of the fall on or about November 3, 2006. 40. Ms. Gelbaugh currently has to wear a brace on her leg at all times and will be left with a limp for the rest of her life because of her injuries. s Docket No. 41. As a direct and proximate result of the defect and/or uneven step and/or nonexistent step in the walkway and/or path maintained and/or controlled by the Defendants, Ms. Gelbaugh fell and suffered severe and permanent injuries, including but not limited to injuries to her left and right lower extremities. 42. As a direct and proximate result of the negligence of Defendants and/or its employees, servants, agents, and/or apparent agents as detailed below, Ms. Gelbaugh has sustained medical expenses, past, present and future, for all of which damages are claimed. 43. As a direct and proximate result of the negligence of Defendants and/or its employees, servants, agents, and/or apparent agents, Ms. Gelbaugh has experienced extreme pain and suffering, embarrassment, humiliation, disfigurement, scarring, inconvenience and loss of enjoyment of life's pleasures and may continue to suffer such losses in the future, for all of which damages are claimed. 44. The negligence of Defendants and/or its employees, servants, agents, and/or apparent agents was a substantial factor in causing the injuries and damages described herein, and for all of which damages are claimed. COUNT I - NEGLIGENCE Doris Gelbaugh V. Brenner Chrysler jeep Docket No. 45. The averments of Paragraphs 1 through 44 of Plaintiff's Complaint are incorporated herein by reference. 46. Defendant Brenner is liable to Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by its agents and/or apparent agents and/or ostensible agents and/or consultants negligence, with respect to Doris Gelbaugh. 47. Defendant Brenner is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by its negligence with respect to Doris Gelbaugh by: (a) failing to maintain the step and/or path and/or sidewalk designated for invitees and/or licensees and/or others within a reasonable time after it had actual or constructive notice of the dangerous condition; (b) failing to hire additional and/or adequate personnel to maintain and/or fix and/or warn invitees and others from the dangerous condition located on the step and/or path and/or sidewalk within a reasonable time after it had actual or constructive notice of the dangerous condition; (c) failing to take prompt and/or appropriate steps to fix the dangerous condition within a reasonable time after it had actual or constructive notice of the dangerous condition; Docket No. (d) failing to place some type of warning in the area of the dangerous condition within a reasonable time after it had actual or constructive notice of the dangerous condition; (e) failing to make the area of the dangerous condition safe within a reasonable time after it had actual or constructive notice of the dangerous condition; (f) failing to properly monitor the areas of the dangerous condition after it had actual or constructive notice of the dangerous condition; (g) negligently leaving the dangerous condition unattended in an area where it should be reasonably known that an invitee and/or licensee and/or other persons may harm themselves; (h) failing to properly supervise those agents, employees or servants charged with maintaining the walkway, and/or path, and/or sidewalk, and/or step at issue; (i) failing to completely and sufficiently fix and/or attend to the dangerous condition that was the direct and proximate cause of Ms. Gelbaugh's fall; and 0) negligently contributing to the formation of the dangerous condition in the area of the walkway, and/or path/ and or step at issue that is known to be used by licensees and/or invitees and/or other persons. 48. The negligence of Defendant Brenner was a substantial factor in causing, and was the direct and proximate cause of the injuries, losses and expenses sustained by 8 Docket No. Ms. Gelbaugh as alleged in the previous above paragraphs, and for all of which damages are claimed. WHEREFORE, Plaintiff demands judgment against Defendant Brenner in an amount in excess of $50,000.00 for compensatory damages, together with interest and costs thereon as allowed by law. COUNT 11- NEGLIGENCE Doris Gelbaugh V. Brenner Motors, Inc. 49. The averments of Paragraphs 1 through 44 and Count 1 of Plaintiffs Complaint are incorporated herein by reference. 50. Defendant Motors is liable to Plaintiff for the injuries and damages alleged " herein which were directly and proximately caused by its agents and/or apparent agents and/or ostensible agents and/or consultants negligence, with respect to Doris Gelbaugh. 51. Defendant Motors is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by its negligence with respect to Doris Gelbaugh by: (a) failing to maintain the step and/or path and/or sidewalk designated for invitees and/or licensees and/or others within a reasonable time after it had actual or constructive notice of the dangerous condition; (b) failing to hire additional and/or adequate personnel to maintain and/or fix and/or warn invitees and others from the dangerous condition located 9 Docket No. on the step and/or path and/or sidewalk within a reasonable time after it had actual or constructive notice of the dangerous condition; (c) . failing to take prompt and/or appropriate steps to fix the dangerous condition within a reasonable time after it had actual or constructive notice of the dangerous condition; (d) failing to place some type of warning in the area of the dangerous condition within a reasonable time after it had actual or constructive notice of the dangerous condition; (e) failing to make the area of the dangerous condition safe within a reasonable time after it had actual or constructive notice of the dangerous condition; (1) failing to properly monitor the areas of the dangerous condition after it had actual or constructive notice of the dangerous condition; (g) negligently leaving the dangerous condition unattended in an area where it should be reasonably known that an invitee and/or licensee and/or other persons may harm themselves; (h) failing to properly supervise those agents, employees or servants charged with maintaining the walkway, and/or path, and/or sidewalk, and/or step at issue; (i) failing to completely and sufficiently fix and/or attend to the dangerous condition that was the direct and proximate cause of Ms. Gelbaugh's fall; and io Docket No. (j) negligently contributing to the formation of the dangerous condition in the area of the walkway, and/or path/ and or step at issue that is known to be used by licensees and/or invitees and/or other persons. 52. The negligence of Defendant Motors was a substantial factor in causing, and was the direct and proximate cause of the injuries, losses and expenses sustained by Ms. Gelbaugh as alleged in the previous above paragraphs, and for all of which damages are claimed. WHEREFORE, Plaintiff demands judgment against Defendant Motors in an amount in excess of $50,000.00 for compensatory damages, together with interest and costs thereon as allowed by law. COUNT III - NEGLIGENCE Doris Gelbaugh V. Brenner Chrysler Jeep, LLC. 53. The averments of Paragraphs I through 44 and Counts I and If of Plaintiffs Complaint are incorporated herein by reference. 54. Defendant jeep is liable to Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by its agents and/or apparent agents and/or ostensible agents and/or consultants negligence, with respect to Doris Gelbaugh. 55. Defendant jeep is liable to the Plaintiff for the injuries and damages alleged herein which were directly and proximately caused by its negligence with respect to Doris Gelbaugh by: 11 Docket No. (a) failing to maintain the step and/or path and/or sidewalk designated for invitees and/or licensees and/or others within a reasonable time after it had actual or constructive notice of the dangerous condition; (b) failing to hire additional and/or adequate personnel to maintain and/or fix and/or warn invitees and others from the dangerous condition located on the step and/or path and/or sidewalk within a reasonable time after it had actual or constructive notice of the dangerous condition; (c) failing to take prompt and/or appropriate steps to fix the dangerous condition within a reasonable time after it had actual or constructive notice of the dangerous condition; (d) failing to place some type of warning in the area of the dangerous condition within a reasonable time after it had-actual or constructive notice of the dangerous condition; (e) failing to make the area of the dangerous condition safe within a reasonable time after it had actual or constructive notice of the dangerous condition; (fl failing to properly monitor the areas of the dangerous condition after it had actual or constructive notice of the dangerous condition; (g) negligently leaving the dangerous condition unattended in an area where it should be reasonably known that an invitee and/or licensee and/or other persons may harm themselves; 12 Docket No. (h) failing to properly supervise those agents, employees or servants charged with maintaining the walkway, and/or path, and/or sidewalk, and/or step at issue; (i) failing to completely and sufficiently fix and/or attend to the dangerous condition that was the direct and proximate cause of Ms. Gelbaugh's fall; and 0) negligently contributing to the formation of the dangerous condition in the area of the walkway, and/or path/ and or step at issue that is known to be used by licensees and/or invitees and/or other persons. 54. The negligence of Defendant jeep was a substantial factor in causing, and was the direct and proximate cause of the injuries; losses and expenses sustained by Ms. Gelbaugh as alleged in the previous above paragraphs, and for all of which damages are claimed. WHEREFORE, Plaintiff demands judgment against Defendant jeep in an amount in excess of $50,000.00 for compensatory damages, together with interest and costs thereon as allowed by law. Respectfully submitted, By: *acha.ampbell, Esquire Supreme Court Identification No. 93177 dated: '? Za0 13 Docket No. VERIFICATION I, Doris Gelbaugh, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are made subject to the penalties of Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: 07 -le- op Doris Gelbaugh -6m- 0 ( 0 00 6' ^r i ? ? -zi 3 r L S j r bm q C ti R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 93177 3513 NORTH FRONT STREET ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELLPa RJMARZELLA.COM TELEPHONE: (717) 234-7828 FACSIMILE: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. 08- S 4S7 O-4'Vil TXM Plaintiff Civil Action - Law VS. Brenner Chrysler Jeep, Brenner Motors, Inc. Brenner Chrysler Jeep, LLC. Defendants Jury Trial Demanded PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON DEFENDANT BRENNER CHRYSLER JEEP TO: Brenner Chrysler jeep 6039 Carlisle Pike Mechanicsburg, PA 17055 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiff requests that Defendant, Brenner Chrysler jeep, produce the documents hereinafter described and permit Plaintiff, through his attorneys, to inspect them and copy such of them as they may desire. Plaintiff requests that the documents be made available for this inspection at the offices of Plaintiff's attorneys located at 3513 North Front Street, Harrisburg, Pennsylvania within thirty (30) days of the date of service hereof. Plaintiff's attorneys will be responsible for these documents so long as they are in their possession. The documents will be properly returned after copying has been completed. The documents covered by this request are as follows: 1. All statements, summaries of statements, transcripts of recorded statements or interviews, recorded statements, if not transcribed, or any summary of recorded statement relating to, referring to, or in any way describing this action, events, or subject matter of this suit. 2. All documents prepared by Defendant, its agents or employees or anyone acting on his or her behalf, during an investigation of the allegations and events which are the subject matter of this suit or prepared in anticipation of litigation or trial of this matter, excluding mental impressions, conclusions or opinions of counsel. I All photographs, films or videotapes taken in regard to this incident. 4. All statements of any person(s) who will be called as a witness at trial or whom you or anyone acting on your behalf has contacted regarding this matter (other than experts retained for the purposes of litigation). 5. All documents or other demonstrative evidence which will be introduced at trial. 6. Current curriculum vitae for each expert expected to be called by Defendant to testify at trial. 7. All investigations, reports, incident reports, test results, drawings, sketches, summaries or records of this incident and the events surrounding this incident, including same prepared by representatives of your liability carrier. 8. Any and all documents referred to in any answer to any interrogatory or used by the Defendant in responding to Plaintiffs interrogatories. 9. Any and all records, documents, calendars, and/or correspondence relating to your contact with Plaintiff. 10. Any and all writings, memoranda, reports, statements, records, etc. which you and/or your employees and/or agents possess concerning the investigation and/or inspection of the location of the incident in question. 2 11. Any and all expert opinions, expert reports, expert summaries, or other writings of experts to be used at trial which relate to the subject matter of this litigation and the incident in question. 12. Any information supplied to those experts whom you intend to call at trial if not included in response to other requests for production. 13. Any and all exhibits and demonstrative evidence to be offered at trial. 14. The entire contents of any investigation file. 15. Any and all surveillance and/or other video, photograph, picture, and/or other depiction of the entrance in question on the day in question. Respectfully submitted, By: achary ampbell, Esquire sup urt Identification No. 93177 a$ Dated: (0/3 rv O - n ? C R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 93177 3513 NORTH FRONT STREET ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELL@RJMARZELLA.COM TELEPHONE: (717) 234-7828 ACsIMILE: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. 08 - 9457 ON' i Terh Plaintiff Civil Action - Law VS. Brenner Chrysler Jeep, Brenner Motors, Inc. Brenner Chrysler Jeep, LLC. Defendants Jury Trial Demanded PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON DEFENDANT BRENNER CHRYSLER JEEP TO: Brenner Chrysler Jeep 6039 Carlisle Pike Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that you are required to serve upon the undersigned within thirty (30) days after service of these Interrogatories, your answers or objections in writing under oath to the following Interrogatories. These interrogatories are considered to be continuing in nature and should be supplemented up until the time of trial as required by the rules of civil procedure. These interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service on you. Objections must be signed by the 1 attorney making' them. In your answers, you must furnish such information as if available to you, your employees, representatives, agents, and attorneys. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. DEFINITIONS AND INSTRUCTIONS A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed; typewritten, handwritten, graphic or recorded matter, however formal or informal: B. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof- 1 . The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, videotape, etc.); 2. Its date (or if it bears no date, the date when it was prepared); 3. The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); 4. The name, address, employer and position of the person, if any, to whom the document was sent; 5. If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address, position of person having custody of the document; 2 6. If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and 7. A brief statement of the subject matter of each document. C. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: 1. The means of communication conversation, etc.); 2. Where it took place; 3. Its date; (e.g., telephone, personal 4. The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; 5. The substance of who said what to whom and the order in which it was said; and 6. Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. D. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. E. Whenever you are asked to "identi&' a person, the following information should be given: 1. The name, present address, and present employer and position of the person; and 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. F. The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to the Defendants. G. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and set forth in the Complaint. H. The phrase "medical treatment" shall include any treatment of any kind or nature for physical illness, disease, injury or condition. 4 INTERROGATORIES Please state your full name of the person answering these Interrogatories on behalf of Defendant Brenner Chrysler jeep and any other name(s) by which that person has been known. ANSWER: 2. Please identify the individual(s), partnership(s), and/or corporation(s) who currently own, operate, and/or manage the business located at 6039 Carlisle Pike, Mechanicsburg, Pennsylvania. ANSWER: 3. Please identify the individual(s), partnership(s) and/or corporations who owned, operated, and/or managed the business located at 6039 Carlisle Pike, Mechanicsburg, Pennsylvania on November 3, 2006. ANSWER: 4. Was the Defendant covered by any policy or policies of liability insurance with respect to the claim alleged by the Plaintiff, or was any other above captioned Defendant the subject of or the possible subject of any policy or policies of liability insurance that might apply to the claim alleged by Plaintiff--including primary coverage, excess coverage, "umbrella policies," "catastrophe" policies or any other policy that is or may be applicable? If so, state for each policy: (a) The name of the issuing carrier, the type of policy, and the named insured; (b) The period during which the policy was effective; (c) The maximum liability limits for each person and each occurrence, including umbrella and excess liability; and (d) The risks covered by the policy and if any policies contain any exclusions, explaining both in detail. (Please consider this a request to produce any such policies). ANSWER: 8 5. Please identify the structural organization of Defendant Brenner Chrysler jeep (i.e. Corporation, Partnership, LLP, etc.), and list the following. a. Please state the full names and last know addresses for all persons who were and/or are partners, owners and/or officers of Brenner Chrysler Jeep; b. Where (ie- what state) is Brenner Chrysler Jeep registered; c. Whether Brenner Chrysler jeep is still an active entity and if not the date and reason Brenner Chrysler jeep was dissolved. ANSWER: 9 Respectfully submitted, R. J. MARZELLA & ASSOCIATES, P.C. DATED: BY: 4CH PBELL, ESQUIRE Clok hot ID 3177 10 ° a _ ( y i cn ..J tVr{ l i-Z L ( m _ O R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. No. 93177 3513 NORTH FRONT STREET ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELL@a RJMARZELLA.COM TELEPHONE: (717) 234-7828 FACSIMILE: (717) 234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. 09 -3457 Oi v; t Te rw Plaintiff Civil Action - Law vs. Brenner Chrysler Jeep, Brenner Motors, Inc. Brenner Chrysler Jeep, LLC. Defendants Jury Trial Demanded PLAINTIFF'S SECOND SET OF INTERROGATORIES PROPOUNDED UPON DEFENDANT BRENNER CHRYSLER JEEP TO: Brenner Chrysler jeep 6039 Carlisle Pike Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that you are required to serve upon the undersigned within thirty (30) days after service of these Interrogatories, your answers or objections in writing under oath to the following Interrogatories. These interrogatories are considered to be continuing in nature and should be supplemented up until the time of trial as required by the rules of civil procedure. These interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service on you. Objections must be signed by the 1 attorney making them. In your answers, you must furnish such information as if available to you, your employees, representatives, agents, and attorneys. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. DEFINITIONS AND INSTRUCTIONS A. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however formal or informal. B. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof 1. The nature of the document (e.g., letter, memorandum, computer print-out, minutes, resolution, tape recording, videotape, etc.); 2. Its date (or if it bears no date, the date when it was prepared); 3. The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); 4. The name, address, employer and position of the person, if any, to whom the document was sent; 5. If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address, position of person having custody of the document; 2 6. If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and 7. A brief statement of the subject matter of each document. C. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: 1. The means of communication (e.g., telephone, personal conversation, etc.); 2. Where it took place; 3. Its date; 4. The names, addresses, employers and positions (a) of all persons who participated in the communication; and (b) of all other persons who were present during or who overheard that communication; 5. The substance of who said what to whom and the order in which it was said; and 6. Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. D. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify' such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. E. Whenever you are asked to "identify" a person, the following information should be given: I . The name, present address, and present employer and position of the person; and 2. Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and 3 nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. F. The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitor, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. The term "you" shall also be deemed to refer to the Defendants. G. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and set forth in the Complaint. H. The phrase "medical treatment" shall include any treatment of any kind or nature for physical illness, disease, injury or condition. 4 INTERROGATORIES I . For each of the following people, please state his/her full name, age, address, social security number, extent of formal education, occupation, and the name of his/her immediate supervisor, employer, employer's address, as well as the nature of his/her employment: (a) person answering these Interrogatories; (b) manager on duty at time and location of incident at question; (c) all agents, apparent agents, servants and/or employees who witnessed incident at question; (d) all agents, apparent agents, servants and/or employees who had any contact with Plaintiff the day in question; (e) all agents, apparent agents, servants and/or employees who rendered aid to Plaintiff the day in question; (f) all agents, apparent agents, servants and/or employees who were involved and/or observed any and all efforts to change the subject entry way and/or subsequent remedial measures following the incident in question. ANSWER: Insurance: 2. If Defendant is covered by any type of insurance, including any excess umbrella insurance that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name of the insurance carrier which issued the policy; b. The named insured under each policy and the policy number of each policy; C. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; and e. Each exclusion, if any, in the policy which is applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 6 3. Factual basis for claims and defenses. State with particularity the factual basis for each claim or defense you are asserting in this case. ANSWER: 4. Witnesses. (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the time of, or after the incident. (b) With respect to each person so identified, state that person's exact location and activity at the time of the incident. ANSWER: S. Statements. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 9 6. Reports of incident. Identify documents, which describe the incident or the cause thereof. Please consider this a request to produce any and all such documents. ANSWER: 10 7. Licensure. If you were required by law or regulation to be licensed for the activity in which you were engaged at the time of the incident, state: (a) The type of license required; (b) The date you first obtained such a license; (c) The dates of issuance and expiration of your current license(s); (d) The identity of the authority that issued your license(s); (e) The number on your license(s); (i) The nature and duration of any revocation or suspension of your license(s); (g) Special restrictions, if any, imposed on your license. ANSWER: 11 8. Demonstrative Evidence. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams or models relevant to the incident, including but not limited to any and all surveillance video state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identify of the person that prepared or made each item; and (d) The subject that each item represents or portrays. Please consider this a request to preserve and maintain all of the above- referenced data for Plaintiffs inspection. ANSWER: 12 9. Trial preparation material. If you, or someone not an expert, conducted any investigations of the incident, identify: (a) Each person, and the employer or each person who conducted any investigation(s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. ANSWER: 13 10. Trial Witnesses. identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 14 11. Expert witnesses. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert); (c) If the opinion of any expert listed above is based in whole or in part on any code, regulation or standard, government or otherwise, identify the said code, regulation or standard and specifically set forth the section relied upon. ANSWER: 15 12. Trial Exhibits. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions of the trial. ANSWER: 16 13. Admissions. If you intend to use any admissions of a party at trial, identify such admissions. ANSWER: 17 14. Do you claim that the Plaintiff was contributorily or comparatively negligent and/or assumed the risk of injuries and damages as set forth in the Complaint? If the answer to this interrogatory is in the affirmative, state the contentions which you or anyone acting on your behalf base a claim for contributory or comparative negligence and/or assumption of the risk. ANSWER: 18 1 5. State the names of any persons interviewed, questioned, and/or contacted by you regarding the subject matter of this litigation and include in your answer the following: (a) The address of the person interviewed; (b) The method used in interview (i.e., in person, by written inquiry or by telephone); (c) The date of the interview; (d) The substance of the interview provided to you by the person interviewed. ANSWER: 19 16. Identify every document, diagram, or other tangible object which you intend to use as an exhibit during the trial. For each: (a) Identify the document by title, date, and author; and (b) Summarize the substance of each. ANSWER: 20 17. State in detail the manner in which an agent, apparent agent, servant and/or employee of Defendant Brenner was first notified of the incident in question. Include in your response the name of the individual notified, the persons who notified that individual, the substance of the information communicated to that individual, the manner in which it was communicated, and any recommendations given and/or actions taken by that individual. ANSWER: 21 18. State in detail the manner in which Defendant Brenner's risk management department and/or insurance company was notified of the incident in question. Include in your response the name of the individual(s) who first notified the risk management department and/or insurance company, the manner in which the notification occurred, the date notification was first received, the substance of the information communicated to the risk management department and/or insurance and any response or recommendations forthcoming. If the notification and/or any response thereto was in writing, please consider this as a request to produce. ANSWER: 22 19. Regarding the location (i.e. actual area of Plaintiffs injury) of the incident: (a) When (month, day, year, and time) was this entrance created, and/or renovated, and/or modified, if at all, both before the incident in question and thereafter; (b) When was the last time Plaintiff was seen by an agent, apparent agent, servant, and/or employee of Defendants prior to the incident in question; Please consider a request to produce any documents, which were relied upon in answering this interrogatory. ANSWER: 23 20. Was there ever any formal and/or informal report and/or notification of any potential hazard and/or fall risk assessment on the Defendants premises in question prior to Plaintiffs fall? If so, please describe in detail the circumstances of the report and/or notification. If there is any documentation relating thereto, please consider this a request to produce. ANSWER: 24 21. Do you maintain any type of a log, journal, record, book, and/or reporting system to record complaints, claims, notices, and/or injuries related to potential hazards on or around the entrance of the building in question? If so, please consider this a request to produce such documents concerning the year 2000 through Present. ANSWER: 25 22. Following Plaintiffs fall, was there ever any type of inspection of the entrance and/or steps where the fall occurred? If so: (a) When was the inspection (i.e. date and time); (b) By whom was the inspection performed (i.e. name, address, and employer); (c) What were the results of such inspection Please consider this a request to produce any and all documentation relating to the above-interrogatory. ANSWER: 26 23. Following Plaintiffs fall, were any changes made to the entrance and/or steps in question? ANSWER: 27 Respectfully submitted, 28 ?? f77 v C b r 3 ) - _? ' d r`r'1 CASE NO: 2008-03457 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GELBAUGH DORIS VS BRENNER CHRYSLER JEEP ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENNER CHRYSLER JEEP the DEFENDANT , at 1850:00 HOURS, on the 10th day of June 2008 at 6039 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to STEVE MCMULLEN, SALES MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES REQUEST FOR PRODUCTION OF DOCUMENTS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.00 Postage .59 Surcharge 10.00 n 00 3 7. 5 9 So Answers: QZ? R. Thomas Kline 06/11/2008 RJ MARZELLA & ASSOCIATES Sworn and Subscibed to By;?? ?--? before me this day Deputy Shp--riff of , A.D. CASE NO: 2008-03457 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GELBAUGH DORIS VS BRENNER CHRYSLER JEEP ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BRENNER MOTORS INC was served upon DEFENDANT the , at 1850:00 HOURS, on the 10th day of June , 2008 at 6039 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to STEVE MCMULLEN, SALES MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES together with REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 G //7/OP ?., 1 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/11/2008 RJ MARZELLA & ASSOCIATES By: De uty Sheri f A.D. CASE NO: 2008-03457 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GELBAUGH DORIS VS BRENNER CHRYSLER JEEP ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BRENNER CHRYSLER JEEP LLC the DEFENDANT , at 1850:00 HOURS, on the 10th day of June , 2008 at 6039 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to STEVE MCMULLEN, SALES MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE INTERROGATORIES together with REQUEST FOR PRODUCTION OF DOCUMENTS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Gl/7/0 ?. So Answers: i R. Thomas Kline 06/11/2008 RJ MARZELLA & ASSOCIATES By: 1 puty Sheriff D T A.D. 6.00 .00 .00 10.00 .00 ? 16.00 Sworn and Subscibed to before me this of day WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 V. BRENNER CHRYSLER JEEP, BRENNER MOTORS, INC. BRENNER CHRYSLER JEEP, LLC ATTORNEY FOR DEFENDANT, BRENNER CHRYSLER JEEP, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-3457 TRIAL BY JURY OF 12 DETVLANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendant, Brenner Chrysler Jeep, LLC, in the above captioned matter. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Brenner Chrysler Jeep, LLC Dated: _ O CO) cxt WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 G V. BRENNER CHRYSLER JEEP, BRENNER MOTORS, INC. BRENNER CHRYSLER JEEP, LLC ATTORNEY FOR DEFENDANT, BRENNER CHRYSLER JEEP, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-3457 TRI.:,kL, BY JURY OF 12 DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on behalf of Defendant, Brenner Chrysler Jeep, LLC. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Dated: ?Ab 0 Y Attorney for Defendant Brenner Chrysler Jeep LLC ??. t ,,? C_;. t.;t ??9 .,," '?" cry v WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 UG V. BRENNER CHRYSLER. JEEP, BRENNER MOTORS, INC. BRENNER CHRYSLER JEEP, LLC ATTORNEY FOR DEFENDANT, BRENNER CHRYSLER JEEP, LLP CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 08-3457 TRIAL BY JURY OF 12 DEMANDED STIPULATION It is hereby stipulation and agreed by and between counsel of record that: 1. Brenner Chrysler Jeep is dismissed from the above-captioned matter. 2. Defendant Brenner Motors, Inc. is hereby dismissed from the above-captioned matter. 3. That the sole remaining Deferdant is Brenner Chrysler Jeep, LLC who stipulates to possession and control of the premises located at 6039 Carlisle Pike, Mechanicsburg, PA. HENDRZAK & LLOYD ///? "I ?.. LLIAM E. DENGLER, ES Attorney for Defendant, Brenner Chrysler Jeep, LLC !L j. TAARZELLA & ASSOCIATES P.C. ACH CAMPBELL, ESQUIlZE sel fo laintiff Doris Gelbaugh ????, r tl ? ?fr ? ? ?. r J ??y ?"^:. a.„ ?x ? ? " r `? ? t ? , R. J. MARZELLA & ASSOCIATES, P.C. BY: ZACHARY D. CAMPBELL, ESQUIRE PENNSYLVANIA SUPREME COURT I.D. N0.93177 3513 NORTH FRONT STREET ATTORNEYS FOR DORIS GELBAUGH HARRISBURG, PA 17110-1438 EMAIL: ZCAMPBELL@RJMARZELLA.COM TELEPHONE: (717) 234-7828 FAcsimn,Fe (717)234-6883 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Doris Gelbaugh, Docket No. 08-3457 Plaintiff Civil Action - Law VS. Brenner Chrysler Jeep, Brenner Motors, Inc. Brenner Chrysler Jeep, LLC. Defendants Jury Trial Demanded PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-referenced action settled and discontinued, with prejudice as to all of the above named Defendants. R. J. MARZELLA & ASSOCIATES, P.C. Dated: 2 5 0 spectful s By:Re M Zach D. ' pbell, Esquire Suprem dentification No. 93177 Attorney for the Plaintiff I& CERTIFICATE OF SERVICE 1, Zachary D. Campbell, hereby certify that a true and correct copy of the foregoing document was served upon all counsel of record this 25 h day of August 2008, by way of United States postal service to the address as follows: William E. Dengler Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Counsel for Defendants R. J. MARZELLA & ASSOCIATES, P.C. By: chary pbell, Esquire ,10- ,. 72 tv °- -ra