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HomeMy WebLinkAbout08-5396 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0$- 5394 Civil TervK No. 2008 Civil Action - (XX) Law ( ) Equity BETSY HURLEY WANDA L. WHITMER, individually and 520'/2 Chestnut Street t/d/b/a HOT POINT INN Mount Holly Springs, PA 17065 100 Hot Point Avenue Shippensburg, PA 17257 versus Plaintiff(s) & Defendant(s) & Address(es) Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ( )Attorney_C)Sheriff W. Scott Henning. Esquire 1300 Linglestown Road Harrisburg, PA 17108 Signature o (717) 238-2000 Supreme Court ID Name/Address/Telephone No. of Attorney Date: September 4. 21 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED COMMENCED AN ACTION AGAINST YOU. Prot ry Date: 9&La by PLAINTIFF(S) HAS/HAVE Deputy ( ) Check here if reverse is used for additional information PROTHON. - 55 R? _r -O 00 fa -? -1 coo C7 C e.a ° c= C? ms - 2f M _0 e ` r Pub - G 1 y.. 0 d ` - S C"> O rr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYLVANIA CIVIL DIVISION Betsy Hurley Plaintiff CASE NUMBER: 08-5396 ISSUE NUMBER: V. Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn Defendant PLEADING: PRAECIPE FOR CODE AND CLASSIFICATI FILED ON BEHALF OF: Wanda L. Whitmer, indivi t/d/b/a Hot Point Inn, Defe COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIP Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 and IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO PENNSYLVANIA CIVIL DIVISION Betsy Hurley Plaintiff V. Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn Defendant CASE NO: 08-5396 PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the defendant, Wanda L. individually and t/d/b/a Hot Point Inn, in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, F.C. BY:?o ADAM L. SEIFERTH, Attorney for the Defen4 A JURY TRIAL IS DEMANDED Wanda L. Whitmer, in( Hot Point Inn t/d/b/a CERTIFICATE OF SERVICE That counsel for the defendant, Wanda L. Whitmer, individually and d/b/a Hot Point Inn, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre- paid, according to the Pennsylvania Rules of Civil Procedure, on the l C? day of C 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, E QLAA Attorney for the Defen t Wanda L. Whitmer, indi ' ally and t/d/b/a Hot Point Inn • M.., ??i1?i`? i ?` rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley Plaintiff V. Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn Defendant CASE NUMBER: 08-5396 ISSUE NUMBER: PLEADING: PRAECIPE FOR RULE TO FILE A COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn, Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley ) CASE NO: 08-5396 Plaintiff ) V. ) Wanda L. Whitmer, individually and t/d/b/a ) Hot Point Inn ) Defendant ) PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly issue a Rule upon the Plaintiff, Betsy Hurley, directing Plaintiff to file a Complaint within twenty (20) days of the service of the Rule or suffer the entry of a judgment of non pros. BY: A JURY TRIAL IS DEMANDED CIPRIANI & WERNER, P.C. ADAM L. Counsel for the Def Wanda L. Whitmer, Hot Point Inn y and t/d/b/a RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: , X7.2 p Prothonotary CERTIFICATE OF SERVICE That counsel for the Defendant, Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn, hereby certifies that a true and correct copy of its PRAECIPE FOR RULE TO FILE A COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, accordin to the Pennsylvania Rules of Civil Procedure, on the day of r , 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. XDAM L. SEIFERTH,-ESQ I Counsel for the Defendant, Wanda L. Whitmer, individ 11 and t/d/b/a Hot Point Inn ° A= ca ?" C:: N 3 IN THE COURT OF COMMON PLEAS OF.CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley Plaintiff V. Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn Defendant CASE NUMBER: 08-5396 ISSUE NUMBER: PLEADING: PRAECIPE TO FILE CERTIFICATE OF SERVICE CODE AND CLASSIFICATION: FILED ON BEHALF OF: Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn, Defendant. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley Plaintiff V. Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn CASE NO: 08-5396 Defendant PRAECIPE TO FILE CERTIFICATE OF SERVICE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly file the attached Certificate of Service evidencing service of the Prothonotary's Rule to File Complaint. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SE FERT Q Attorney for the Defen nt A JURY TRIAL IS DEMANDED Wanda L. Whitmer, indi id lly and t/d/b/a Hot Point Inn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley ) CASE NO: 08-5396 Plaintiff ) V. ) Wanda L. Whitmer, individually and t/d/b/a ) Hot Point Inn ) Defendant CERTIFICATE OF SERVICE TO THE PROTHONOTARY'S RULE TO FILE COMPLAINT That counsel for the Defendant, Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn, hereby certifies that a true and correct copy of the Prothonotary's RULE TO FILE COMPLAINT has been served on all counsel of record and parties of interest, postage pre-paid, according to the rennsyivama tcules of t-ivil rroceuurr, oil ills _ day of , 2008 as follows: Via Certified Mail W. Scott Henning, Esquire Handier, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 CIPRIANI & WERNER, P.C. BY: ADAM L. SEIF T , E UIRE Attorney for the Def t CERTIFICATE OF SERVICE That counsel for the defendant, Wanda L. Whitmer, individually and t/d/b/a Hot Point Inn, hereby certifies that a true and correct copy of its PRAECIPE TO FILE CERTIFICATE OF SERVICE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the RS?? day of , 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, E RE Attorney for the Defenda t Wanda L. Whitmer, indivi ally and t/d/b/a Hot Point Inn - C ? r1 ? Y T f i S_l „_A" SHERIFF'S RETURN - REGULAR CkSE NO: 2008-05396 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY BETSY VS WHITMER WANDA L ET AL TIMOTHY R BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS WHITMER WANDA was served upon the DEFENDANT , at 0016:50 HOURS, on the 15th day of September, 2008 at 100 HOT POINT AVENUE SHIPPENSBURG, PA 17257 by handing to WANDA L WHITMER DEFENDANT 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: So Answers: Docketing 18.00 Service 20.00 Affidavit .00 : % K. - Surcharge 10.00 R. Thomas Kline Postage .42 %b 167 /p8 48.42 09/16/2008 HANDLER HENNING ROSENBERG Sworn and Subscibed to By: / before me this day Deputy Sheriff of A. D. &SE NO: 2008-05396 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY BETSY VS WHITMER WANDA L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WHITMER WANDA L T/D/B/A HOT POINT INN DEFENDANT the , at 0016:50 HOURS, on the 16th day of September, 2008 at 100 HOT POINT AVENUE SHIPPENSBURG, PA 17257 by handing to WANDA L WHITMER DEFENDANT/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: So Answers: Docketing 6.00 Service .00 f 10 Affidavit .00 •7 Surcharge 10.00 R. Thomas Kline 00 01b1 ?D9 ? 16.00 09/16/2008 HANDLER HENNING ROSENBERG Sworn and Subscibed to By: / before me this day eputy Sheriff of A.D. W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com BETSY HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5396 WANDA L. WHITMER and ROBERT WHITMER, individually and t/d/b/a HOT POINT INN, CIVIL ACTION-LAW Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING & By: W. Scott Henning, W. Scott Henning, Esquire I.D. No. 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Henn ing@HHRLaw.corn BETSY HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5396 WANDA L. WHITMER and ROBERT WHITMER, individually and t/d/b/a HOT POINT INN, CIVIL ACTION-LAW Defendants COMPLAINT AND NOW, comes the Plaintiff, Betsy Hurley, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by W. Scott Henning, Esquire, and brings forth this Complaint against Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn, and avers as follows: 1. Plaintiff, Betsy Hurley, is an adult individual currently residing at 1419 Pheasant Drive S., Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants, Wanda L. Whitmer and Robert Whitmer, are adult individuals currently residing at 117 Walnut Dale Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant, Hot Point Inn, is a corporation registered and established under the laws of Pennsylvania, with a registered office at 100 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania. (Hereinafter referred to as "said Premises"). 4. At all times material hereto, Defendants, Wanda L. Whitmer and Robert Whitmer, were in ownership, possession, management and control of the premises known as Hot Point Inn and located at 100 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania. 5. At all times material hereto, Plaintiff, Betsy Hurley, was a business invitee upon said Premises. 6. At all times material hereto, Defendants, who had exclusive control of said Premises, had allowed the floor, leading into and away from the Premises' restrooms, to become and remain in a wet and slippery condition as a result of mopping the floor. 7. At all times material hereto, there were no warning signs posted on the Premises warning of the unsafe condition of the wet and slippery floor. 8. On or about August 23, 2007, at about 2:00 a.m., Plaintiff, Betsy Hurley, was on said Premises making her way to the restroom following "last call" by Defendants' agents and/or employees. While Plaintiff was in the restroom Defendants' agents and/or employees mopped the floor immediately outside of the restroom. No signs were posted warning of the slippery condition. When Plaintiff exited the restroom, she took a few steps and slipped on the wet floor, which caused her to fail harshly upon the ground and resulted in personal injuries to the Plaintiff as detailed more specifically hereinafter. 2 9. At all times material hereto, Plaintiff, Betsy Hurley, believes and therefore avers, that Defendants, Wanda L. Whitmer and Robert Whitmer, were in ownership, possession, management and control of said Premises and were responsible for maintaining the safe condition of the property known as Hot Point Inn, located at 100 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania. 10. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Betsy Hurley, were caused directly and proximately by the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and Vdlbla Hot Point Inn, by their agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the floor of the Premises to become and remain in a wet and slippery condition, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the wet floor, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; 3 (c) In failing to ensure the floors at said Premises were maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (d) In failing to post a warning sign or device in the area of the wet floor so as to notify customers of the dangerous condition on the floor of said Premises; (e) In failing to clean the water from the floor or properly and adequately clean the water from the floor of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; and (f) In failing to maintain the floor in a reasonably safe condition that would prevent a customer from slipping and falling. 11. Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ had actual knowledge or should have known through the exercise of ordinary care and diligence that the floor in the area where Plaintiff, Betsy Hurley, fell, was in a wet and slippery condition. 12. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, sustained injuries including, but not limited to, a fracture to the radius bone of her right wrist. 13. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, 4 has undergone physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her detriment and loss, physically, emotionally and financially. 14. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, has been compelled, in order to effect a cure for the aforesaid injuries, to expend sums of money for medicine and medical attention, and will be required to expend more of the same for the same purposes in the future, to her detriment and loss. 15. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, has been, and will in the future be, hindered from attending to her daily duties to her detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, has suffered a loss of income and will in the future continue to suffer a loss of income and/or earning capacity. 17. As a direct and proximate result of the negligence of Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ Plaintiff, Betsy Hurley, has, and will in the future, suffer a loss of life's pleasures. 5 WHEREFORE, Plaintiff, Betsy Hurley, seeks damages from Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn„ in an amount in excess of compulsory arbitration limits of Cumberland County. Respectfully Submitted, Date: 16--O? 3-c)oay- HANDLER, HENNING & ROSENBERG, LLP By 6 W. Scott Henning E J?t Attorney I.D. # 3229 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the docurent is of counsel and not my own. i have read the document and to the extent that it i's based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Bet ur y Date. 0 BETSY HURLEY, Plaintiff V. WANDA L. WHITMER and ROBERT WHITMER, individually and t/d/b/a HOT POINT INN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5396 : CIVIL ACTION-LAW Defendants CERTIFICATE OF SERVICE On the A I th day of October, 2008, 1 hereby certify that a true and correct copy of 11, Plaintiff's Complaint was served upon the following by depositing in U.S. Mail; Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Date: Respectfully submitted, HANDLER, HENNIRd & By LLP W , . Scott E 1. D. #32298 1300 Linglestow Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 7 14 f' C4> 'Z c WYa,.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley, Plaintiff CASE NUMBER: 08-5396 ISSUE NUMBER: V. Wanda L. Whitmer and Robert Whitmer, each individually and t/d/b/a Hot Point Inn, Defendants TO: PLAINTIFF, BETSY HURLEY PLEADING: DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: Wanda L. Whitmer and Robert Whitmer, each individually and t/d/b/a Hot Point Inn, Defendants. YOU ARE HEREBY NOTIFIED TO PLEAD TO COUNSEL OF RECORD: THE ENCLOSED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT WITHIN TWENTY ADAM L. SEIFERTH, ESQUIRE (20) DAYS FROM SERVICE HEREOF OR A Pa.ID# 89073 DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. '?(JfMAAA] e"'9?1-4'jd CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 ?(D-Xgt-S?ffftRYH, tSQ-F'j' Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Betsy Hurley ) CASE NO: 08-5396 Plaintiff ) V. ) Wanda L. Whitmer and Robert Whitmer, each ) individually and t/d/b/a Hot Point Inn, ) Defendants ) DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a Hot Point Inn (collectively referred to as "Defendants"), by and through their attorneys, Cipriani & Werner, P.C., and files this Answer with New Matter to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiff's Complaint and the same are therefore denied. 2. Admitted. 3. Denied. Defendant, Hot Point Inn, is a registered fictitious name owned by R. & W. Whit-Co., Inc., a Pennsylvania Corporation with a registered office and business address of 100 Hot Point Avenue, Shippensburg, Cumberland County, Pennsylvania. 4. Admitted in and denied in part. It is admitted that, at all times relevant to Plaintiff's Complaint, Defendants, Wanda Whitmer and Robert Whitmer owned the premises located at 100 Hot Point Avenue, Shippensburg, Pennsylvania. It is specifically denied that Defendants, Wanda Whitmer and Robert Whitmer, possessed, managed and/or controlled said premises. To the contrary, the premises located at 100 Hot Point Avenue, Shippensburg, Pennsylvania, was in the possession, management, and control of R. & W. Whit-Co, Inc., which leased the premises and operated the Hot Point Inn. 5. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 5 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Admitted in part and denied in part. It is admitted that at all times material to Plaintiff's Complaint, an employee of R. & W. Whit-Co, Inc. mopped the floor. It is specifically denied that mopping the floor created a dangerous or unreasonably safe condition. By way of further answer, Plaintiff was aware of the condition of the floor and was verbally warned that the floor was wet. To the extent a further answer is required, the averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. It is specifically denied that there were no warning signs posted on the premises warning of the wet floor. To the contrary, it is believed and, therefore, averred that the bucket used in mopping the floor had a warning sign on it advising of a wet floor. By way of further answer, Plaintiff was aware of the condition of the floor and was verbally warned that the floor was wet. To the extent a further answer is required, the averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). 8. Admitted in part apd denied in part. It is admitted that on or about August 23, 2007 at about 2:00 a.m., Plaintiff was on Defendants' premises. However, it is specifically denied that any agent or employee of R. & W. Whit-Co, Inc. mopped the floor immediately outside of the restroom without notice to Plaintiff. To the contrary, Plaintiff was verbally warned of the wet floor, and Plaintiff saw the floor being mopped. Thus, Plaintiff knew or should have known of the wet condition of the floor, yet she chose to walk over it. To the extent a further answer is required, the averments contained in paragraph 8 are denied pursuant to Pa.R.C.P. 1029(e). 9. Admitted in and denied in part. It is admitted that, at all times relevant to Plaintiff's Complaint, Defendants, Wanda Whitmer and Robert Whitmer owned the premises located at 100 Hot Point Avenue, Shippensburg, Pennsylvania. It is specifically denied that Defendants, Wanda Whitmer and Robert Whitmer, possessed, managed, controlled and/or were responsible for maintaining the premises. To the contrary, the premises located at 100 Hot Point Avenue, Shippensburg, Pennsylvania, was in the possession, management, and control of R. & W. Whit-Co, Inc., which leased the premises and which was responsible for maintaining the premises. 10. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 10 including sub-paragraphs (a) through (f) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 10 including sub-paragraphs (a) through (f) inclusive are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. Defendants are advised by counsel and therefore aver that the allegations contained in paragraph 11 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). 12. Denied. The averments contained in paragraph 12 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries, and the same are, therefore, denied. 13. Denied. The averments contained in paragraph 13 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and damages, and the same are, therefore, denied. 14. Denied. The averments contained in paragraph 14 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and damages, and the same are, therefore, denied. 15. Denied. The averments contained in paragraph 15 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent Plaintiff's alleged injuries and the same are, therefore, denied. 16. Denied. The averments contained in paragraph 16 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and damages, and the same are, therefore, denied. 17. Denied. The averments contained in paragraph 17 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments concerning the nature and extent of Plaintiff's alleged injuries and the same are, therefore, denied. WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff; Betsy Hurley, without costs. NEW MATTER 18. Defendants incorporate their answers to paragraphs 1 through 17 of Plaintiff's Complaint above as though fully set forth herein at length. 19. At all times relevant to Plaintiff's Complaint, R. & W. Whit-Co, Inc., was in possession and control of the Hot Point Inn and was responsible for maintaining the Hot Point Inn. 20. An employee of R. & W. Whit-Co, Inc., Brandon Rothman, asked those patrons at the Hot Point Inn, including Plaintiff, if anyone needed to use the bathrooms prior to mopping the floor in front of the bathrooms to which no one, including Plaintiff, replied. 21. Brandon Rothman proceeded to mop the floor in the area in front of the women's bathroom before Plaintiff ever entered the women's bathroom. 22. After the aforementioned events occurred, Plaintiff asked employees of R. & W. Whit-Co, Inc., if she could use the bathroom. 23. In response to Plaintiff's request, Plaintiff was verbally warned that the floor in front of the women's bathroom was wet. 24. Plaintiff knew or should have known that the floor in front of the women's bathroom had been mopped and was wet prior to her entering it. 25. Despite the verbal' warning and the knowledge that the floors in the area of the women's bathroom had been mopped, Plaintiff knowingly chose and assumed the risk of walking on and over the wet floor. 26. Plaintiff assumed the risk of injury in that she knowingly encountered a condition which she knew could cause her to slip and fall. 27. Plaintiff's claims are reduced or barred by the Comparative Negligence Act. Plaintiff's contributory negligence includes, but is not limited to, the following: a. Attempting to walk on a wet floor; b. Failing to take reasonable precautions; and, c. Failing to heed the verbal warnings regarding the condition of the floor. 28. Plaintiff's alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the accident giving rise to the present litigation. 29. Discovery may reveal that Plaintiff's claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. WHEREFORE, Defendants respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff, Betsy Hurley, without costs. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFER7obe Attorney for the DeA JURY TRIAL IS DEMANDED Wanda L. Whitmer itmer, each individuall y and t/d/nn VERIFICATION I hereby affirm that the following facts are correct: I, Wanda Whitmer, am a Defendant in the foregoing action. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: -p 2 2? 4za;? Wanda Whitmer VERIFICATION I hereby affirm that the following facts are correct: I, Robert Whitmer, am a Defendant in the foregoing action. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: ' Robert Whitmer CERTIFICATE OF SERVICE That counsel for the Defendants hereby certifies that a true and correct copy of its ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, accordin to the Pennsylvania Rules of Civil Procedure, on the _ day of , 2008. W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. BY ADAM L. SEI RT'II, l E Attorney for the Defenda t Wanda L. Whitmer and o rt Whitmer, each individually and t/d/b/a Hot Point Inn W. Scott Henning, Esquire I.D. No. 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorneys for Plaintiff Fax : (717) 233-3029 E-mail: Henning cQHHRLaw.com BETSY HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-5396 WANDA L. WHITMER and ROBERT WHITMER, individually and t/d/b/a HOT POINT INN, CIVIL ACTION-LAW Defendants PLAINTIFF'S REPLY TO NEW MATTER Now, comes the Plaintiff, Betsy Hurley, by and through her counsel, HANDLER, HENNING & ROSENBERG, LLP, W. Scott Henning, Esq., and replies to Defendants' New Matter as follows: 18. Paragraph 18 is an incorporation paragraph to which no responsive pleading is required. 19. After reasonable investigation, the Plaintiff is without sufficient information to ascertain the truthfulness of the allegation set forth in Paragraph 19, and hence, the allegation set forth in Paragraph 19 is denied and proof of the allegation is demanded at the trial in this matter. 20. Denied. The Plaintiff did not hear Brandon Rothman or any other Hot Point Inn employee advising her or anyone else to use the bathrooms if they needed to do so, since the employees would be mopping the floor in front of the bathrooms, and proof to the contrary is demanded at the trial in this matter. 21. Denied. The Plaintiff asserts that she did not observe anyone mopping the floor in the area in front of the women's bathroom before Plaintiff entered the women's bathroom, and proof to the contrary is demanded at the trial in this matter. By way of further answer, the Plaintiff asserts that there were not any warning signs or other indicia that the floor in front of the women's bathroom had been mopped before Plaintiff entered the women's bathroom. 22. Admitted in part. Denied in part. The Plaintiff acknowledges that she advised one of the employees of the Defendant that she was going to use the bathroom, however, the Plaintiff denies that portion of paragraph 22 that references "after the aforementioned events occurred". To the extent that paragraph 22 incorporates the allegations set forth in paragraph 20 and 21, the Plaintiff incorporates her responses to paragraphs 20 and 21 as though fully set forth herein. 23. Denied. It is denied that upon requesting and advising the Defendant's employees that she would be using the women's bathroom, that the Plaintiff was verbally warned by any employee of the Defendant that the floor in front of 2 the women's bathroom was wet. By way of further answer, the Plaintiff asserts that the floor in front of the women's bathroom was mopped while she was in the bathroom. 24. Denied. For the reasons set forth in response to Paragraphs 20, 21 and 23, it is denied that the Plaintiff knew or should have known that the floor in front of the women's bathroom had been mopped and was wet prior to entering the women's bathroom, and proof to the contrary is demanded at the trial in this matter. 25. Denied. The Plaintiff incorporates her responses to paragraphs 20, 21, 23 and 24 as though fully set forth herein. By way of further answer, it is specifically denied that the Plaintiff knowingly chose and assumed the risk of walking on and over a wet floor, and proof to the contrary is demanded at the trial in this matter. 26. Denied. For the reasons set forth in paragraph 25, the allegation set forth in paragraph 26 is denied, and proof of the Defendants's assertion is demanded at the trial in this matter. 27. Denied. It is denied that the Plaintiffs claims should be barred or reduced by the Pennsylvania Comparative Negligence Act. It is denied that the Plaintiff knowingly and voluntarily walked upon a wet floor, that she failed to take reasonable precautions, and/or that she failed to heed verbal warnings regarding the condition of the floor, and proof to the contrary is demanded at the trial in this matter. 28. Denied. It is denied that the damages for which the Plaintiff seeks compensation are the result of a pre-existing condition, in whole or in part, and proof to the contrary is demanded at the trial in this matter. 29. Denied. The allegation set forth in Paragraph 29 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that none of the affirmative defenses is set forth in Pa.R.C.P. 1030 are relevant and applicable to the subject cause of action, and proof to the contrary is demanded at the trial in this matter. WHEREFORE, Plaintiff Betsy Hurley, seeks damages from Defendants, Wanda L. Whitmer and Robert Whitmer, individually and t/d/b/a the Hot Paint, Inn for the relief set forth in her Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: Q _ / ?-?7 By W. ni s, I.D. #32298 1300 Linglest w oc, Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 4 BETSY HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6396 WANDA L. WHITMER and ROBERT WHITMER, individually and t/d/b/a HOT POINT INN, CIVIL ACTION-LAW Defendants CERTIFICATE OF SERVICE On the 12`h day of February, 2009, 1 hereby certify that a true and correct copy of Plaintiffs Reply To New Matter was served upon the following by depositing in U.S. Mail; Mr. Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Very truly yours, HANDLER, HENNING & ROSFnNBERG, LLP W. Scott Henn VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit, The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: , o? a rr rp' J C.V4~ s ~ QF T~-~~: ~'~~ ~~~,~~T~F~' PRAECIPE FOR LISTING CASE FORT ~.~ _ ~ ~~.t ' ; v ~ (Must be typewritten and submitted in tripl~t~~;~~~~}~~ ~~~~~~~ ~;' TO THE PROTHONOTARY OF CUMBERLAND COUNTY ~ ~ ~`S ~ ~ ~p ~- ~ f ~ 1~~ ~ r'~ Please list the following case: X^ for JURY trial at the next term of civil court. ^ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) BETSY HURLEY (check one) Q Civil Action -Law ^ Appeal from arbitration (other) (Plaintiff) vs. WANDA L. WHITMER, individually and t/d/b/a HOT POINT INN vs. (Defendant) The trial list will be called on and November 2. 2010 Trials commence on December 6, 2010 Pretrials will be held on November 10, 2010 (Briefs are due S days before pretrials No. 08-5396 Indicate the attorney who will try case for the party who files this praecipe: Adam L. Seiferth, Esq., 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 (Defendant) Indicate trial counsel for other parties if known: W. Scott Henning, Esq., 1300 Linglestown Road, Harrisburg, PA 17110 (Plaintiff) Term This case is ready for trial. Print Name: Adam L. Seiferth, Esqui Date: October 6, 2010 Attorney for: Defendant ~~~~ aa"1 ~~ a CERTIFICATE OF SERVICE That counsel for the Defendant, WANDA L. WHITMER, INDIVIDUALLY AND T/DlBIA HOT POINT INN, hereby certifies that a true and correct copy of its PRAECIPE FOR LISTING CASE FOR TRIAL has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the ~~ day of ~~,~p(~Je~~- , 2010. W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 (Counsel for Plaintiff} BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, QUI Attorney for the Defen t Wanda L. Whitmer, ind vidu and tld/b/a Hot Point Inn BETSY HURLEY, Plaintiff V. WANDA L. WHITMER and ROBERT WHITMER, each individually and t/d/b/a HOT POINT INN, Defendants IN THE COURT OF COMMON PLEAS P? CUMBERLAND COUNTY, PENNSYL9%NIA CIVIL ACTION - LAW =.; s Y,. 08-5396 CIVIL TERM = -? IN RE: PRETRIAL CONFERENCE 'I A pretrial conference in the above-captioned case was held in the chambers of Judge Oler on Wednesday, November 10, 2010. Present on behalf of the Defendants was Adam L. Seiferth, Esquire. Counsel for the Plaintiff did not appear nor had he submitted a pretrial conference memorandum in the case. A call to Plaintiff's counsel immediately prior to the pretrial conference elicited the information that his client had ceased communicating with him and that he did not intend to appear at the conference. This is a negligence action for personal injuries to Plaintiff arising out of a slip and fall at Defendants tavern. Defenses include absence of negligence, contributory negligence, and possibly assumption of the risk. If a trial is held, it will be a jury trial in which each side will have four peremptory challenges for a total of eight. The estimated duration of trial is one day. To the extent that any videotaped deposition testimony is to be shown or read to the jury and contains objections being pursued by counsel, counsel are directed to furnish to the Court copies of the affected transcripts with the areas of objection being pursued highlighted, and brief memoranda in support of their respective positions on the objections at least five days prior to commencement of the trial. As the Court Administrator's Office has been previously advised, this judge should not proceed with trial, nor with disputed issues in this case, because the Court's nephew is associated with Plaintiff's law firm. This pretrial conference order is entered without prejudice to the right of Defendants to filea motion for judgment non pros based upon the failure of Plaintiff to pursue the action at this point. With respect to settlement negotiations, in view of the Plaintiff's lack of participation in the case at this point, it does not appear to the Court that the case will be settled amicably. By the Court, ItL ai it/Wesley 01-4r,-Z, J. W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17100 For the Plaintiff Adam L. Seiferth, Esquire 1011 Mumma Road, STE 201 Lemoyne, PA 17043 For the Defendants Court Admin Prothonotary pcb FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -2 PM 3: 3 " CUMBERLAND COUNTY PENNSYLVANIA W. Scott Henning, Esquire Attorney I.D. No. 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 2381-2000 Fax : (717) 2333029 E-mail: Henn ingoH H RLaw. com Attorney for Plaintiff BETSY HURLEY, Plaintiff V. WANDA L. WHITMER, individually and t/d/b/a HOT POINT INN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 08-5396 : CIVIL ACTION - LAW PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW PURSUANT TO PA. R.C.P. 1012 AND NOW, comes Petitioner, W. Scott Henning, Esquire, and submits the following Petition for Leave to Withdraw, Plaintiff, Betsy Hurley, currently resides at 654 North Hanover Street, Carlisle, Cumberland County, PA 17013. 2. This action arose from personal injuries that Plaintiff, Betsy Hurley, received as a result of a slip and fall that occurred on August 23, 2007, at the Hot Point Inn in Shippensburg, Cumberland County, Pennsylvania. 3. On or about December 20, 2007, Petitioner, W. Scott Henning, was retained by Plaintiff to represent her in the matter. A copy of the Contingent Fee Agreement is attached hereto as Exhibit A. 4. During the course of counsel's representation, Petitioner has had on-going issues with Plaintiffs cooperation and responsiveness. 5. Plaintiff has failed to respond to Petitioner's correspondence since March 2009. 6. Defense counsel has listed the matter for trial for the December 6, 2010 trial session. 7. In light of Plaintiffs lack of cooperation and unresponsiveness, on or about November 3, 2010, Petitioner sent correspondence to the Plaintiff, by regular and certified mail, asking for confirmation that she has chosen not to proceed with her claim against the Defendant and asking for authorization to proceed with having the suit dismissed. 8. To date, Plaintiff has not responded to Petitioner's November 3, 2010 correspondence. 9. Petitioner's continued representation of Plaintiff has been rendered unreasonably difficult by virtue of Plaintiffs lack of cooperation, and good cause exists under Rule 1.16(b)(6) and Rule 1.16(b)(7) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. 2 10. Pursuant to C.C.R.P. 206.4(c)(3) and C.C.R.P. 208.3(a)(2), there have been no prior rulings by a Judge in this matter. 11. Pursuant to C.C.R.P. 208.2(d), on November 23, 2010, Petitioner notified defense counsel of his intent to file the within Petition and defense counsel concurred in the filing of the Petition to Withdraw. 12. Plaintiff was served with notice of the Petition to Withdraw on November 30, 2010. A copy of that notice is attached hereto as Exhibit B. WHEREFORE, Petitioner, W. Scott Henning, Esquire, requests that this Honorable Court grant his Petition for Leave to Withdraw his appearance for Plaintiff, Betsy Hurley. Respectfully submitted, HANDLER, H"NINq & Date: ZL-3o "6-10/D By: 19 3 W. Scott HBn? f g s ire Attorney I.D. No. 22 8 1300 Linglestow , Harrisburg, PA 17110 (717) 238-2000 2 Petitioner/Attorney for Plaintiff , LLP ATTORNEY'S VERIFICATION I, the undersigned, hereby certify that the facts set forth in the within Petition for Leave to Withdraw are accurate, true and correct to the best of my information, knowledge and belief. This verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. W. Scott Hennin Petitioner and A v fo Plaintiff W. Scott Henning, Esquire Attorney I.D. No. 32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com BETSY HURLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 08-5396 WANDA L. WHITMER, individually : CIVIL ACTION - LAW and t/d/b/a HOT POINT INN, Defendant ORDER AND NOW, this day of , 2010, upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to relief requested; (2) the respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; (5) argument shall be held on in Courtroom of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT: J. Distribution: W. Scott Henning Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 fax (717) 238-3029 Betsy Hurley 654 North Hanover Street Carlisle, PA 17013 (717) 701-6232 Adam L. Seiferth Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 CONTINGENT FEE AGREEMENT I, BETSY HURLEY, do hereby retain HANDLER, HENNING & ROSENBERG, LLP, of Harrisburg, Pennsylvania, as my attorneys in this matterto represent me and to process, negotiate, arbitrate a settlement or to institute in my name, any legal proceedings or actions that, in their judgment are necessary, against ? ?G?rt'f'3•,rf G-r ? / or against anyone else as a result of injuries and damages I sustained in an incident that occurred on August 23, 2007. I agree not to settle, negotiate or adjust the above claim or any proceedings based thereon without the written consent of my said attorneys. In consideration of the services so to be rendered by Handler, Henning & Rosenberg, LLP I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 1/3%) of whatever sum is recovered as a result of settlement without lawsuit; or FORTY PERCENT (40%) of whatever sum is recovered after lawsuit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg for any necessary expenses advanced on my behalf in pursuing my claim. Examples of typical expenses include Court filing fees, investigation, auto mileage, photocopies, court reporters, medical records, expert witness fees, etc. If no money is obtained, client will not owe a legal fee or expenses. I also agree to take possession of my medical files at the conclusion of this case. My failure to take possession of these files within 60 days after the conclusion of the case will authorize my lawyers to destroy said files. I agree that HANDLER, HENNING & ROSENBERG, LLP may associate additional lawyers to assist with this case and I agree to the sharing of fees between lawyers. I understand the terms herein apply to other lawyers associated on this case. l understand that the association of other lawyers does not increase the amount of the attorney fees at the conclusion of the case. Counsel reserves the right to withdraw if they desire to do so, for any reason(s) they deem proper. I acknowledge that I have read, approved and understood the above Contingent Fee Agreement and I acknowledge having received a copy of the same. The terms set forth herein are accepted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this th day of 12e,U11Pd-Z-. , 2007. ti (SEAL) TSY HURLEY andlar, anning& ? osanbarg,«p ATTORNEYS AT LAW November 30, 2010 Betsy Hurley 654 N. Hanover St. Carlisle, PA 17013 Re: Incident of 8/23/2007 HHR Case #212895 Dear Betsy: W. Scott Henning Henning@hhrlaw.com I have not received any response to my letter dated November 3, 2010. This matter is now scheduled for a Jury trial during the week of December 6, 2010. 1 am hesitant to file a document to withdraw the lawsuit, without receiving a communication from you authorizing me to do so, and hence, I have no choice other than to move forward with a Petition For Leave to Withdraw as Your Legal Counsel. I will be filing that Petition within the next couple of days and you will receive a copy of the Petition at that time. The Pennsylvania Rules of Court provide that I am required to advise you in advance of our intent to proceed with the filing of a Petition to Withdraw and that is the purpose of this correspondence to you. Very truly yours, WSH/tgd Enclosure HANDLER, HE RG, LLP Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2, Harrisburg, PA 17110 Phone: 717-238-2000 * Fax 717-233-3029 * Toll Free 1-800-422-2224 www.hhriaw.com Carlisle Office 717-241-2244 * Lancaster Office 717-431-4000 * York Office 717-845-7800 * Hanover Office 717-630-8200 BETSY HURLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CASE NO. 08-5396 WANDA L. WHITMER, individually : CIVIL ACTION - LAW and t/d/b/a HOT POINT INN, Defendant CERTIFICATE OF SERVICE On the 30th day of November, 2010, 1 hereby certify that a true and correct copy of Petition of Plaintiff's Counsel for Leave To Withdraw was served upon the following by depositing in U.S. Mail; Adam L. Seiferth, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Betsy Hurley 654 N. Hanover St. Carlisle, PA 17013 Very truly yours, , LLP By. J W. Scott He Wing DEC 3 3 2010 BETSY HURLEY, Plaintiff V. WANDA L. WHITMER, individually and t/d/b/a HOT POINT INN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 08-5396 CIVIL ACTION - LAW ORDER AND NOW, this G' day of XXG , 2010, upon consideration of the Petition for Leave to Withdraw, it is hereby ordered that said petition is GRANTED and that Petitioner, W. Scott Henning, Esquire, be permitted to withdraw his appearance of record for the Plaintiff in the above matter. Distribution: IV :?cott Henning Handler, Henning & Rosenberg, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 (717) 238-2000 fax (717) 238-3029 -,,-g'etsy Hurley 654 North Hanover Street Carlisle, PA 17013 (717) 701-6232 --,A?dm L. Seiferth Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 lES l 02, (ol ! f? ry rn? r- ? .? o Dn zo Ac -+ 0 cs r? r? Cn x+• `o 0 q C:) ? -n rn? ? rry ?o U --i T- -n o -n zC-) o? D BY THE COURT: BETSY HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW 08-5396 CIVIL TERM WANDA L. WHITMER, Individually and t/d/b/a HOT POINT INN, Defendants IN RE: MOTION FOR NONSUIT ORDER OF COURT AND NOW, this 6th day of December, 2010, this matter having been called for trial, and the plaintiff having failed to appear, a nonsuit is entered in this case. By the Court, /Scott Henning, Esquire For Plaintiff dam L. Seiferth, Esquire For Defendants :bg Lam: co >- < r_j 0 Gl j < U (ZD ? .. © C J DC c) co r ?z f ??rv