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HomeMy WebLinkAbout09-3540 William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ Tammy Sykes-Allen In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b / a USA Management of PA; Gateway Gettysburg Hotel/ Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. Defendants No. 09- 35110 Civil Term Civil action law Jury Trial Demanded Praecipe to Issue a Writ of Summons Dear Mr. Long: Please issue a writ of summons against the defendants Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b / a USA Management of PA; Gateway Gettysburg Hotel/ Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. William P. Doug! , Esq. Attorney for P .ntiff date: May 28, 2009 !='''' (" i?u??Y f: ?F THE 2009 MAY 28 Pil ? 0J ;'7s. so ekit ?-- a wee Commonwealth of Pennsylvania County of Cumberland Tammy Sykes-Allen In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b / a USA Management of PA; Gateway Gettysburg Hotel/ Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. Defendants No. 09- 3.5y0 Civil Term Civil action law Jury Trial Demanded Writ of Summons To: Wyndham Gettysburg Hotel and Interstate Hotels & Resorts, Inc. Conference Center 4501 N. Fairfax Drive 95 Presidential Circle Arlington, VA 22203 Gettysburg, PA 17325 USA Management, Inc. Conewago Enterprises, Inc. t / a / d / b / a USA Management of PA 660 Edgegrove Rd. 131 Carlisle St. Hanover, PA 17331 Gettysburg, PA 17325 Gateway Gettysburg Hotel Conference Center Partners, L.P. 131 Carlisle Street Gettysburg, PA 17325 You are hereby notified that Tammy Sykes- Allen has brought an actio against you. P date: May 28, 2009 rothonotary William P. Douglas, Esq. Douglas Law Office 27 W. High St. Carlisle, PA 17013-0261 717-243-1790 Attorney for Plaintiff William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790 Tammy Sykes-Allen Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania V. Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b / a USA Management of PA; Gateway Gettysburg Hotel/ Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. Defendants No. 09 - 3540 Civil Term Civil Action - Law Jury Trial Demanded Praecipe to reissue a Writ of Summons Please reissue the writ of summons against the defendants in the above- captioned matter. June 29, 2009 1 0, ? aA4) /'?M ? William P. Douglas, Esquire Attorney for Plaintiff U RLBD-OFTICE OF THE PRQ'N{}TAFY 159 JUN 29 PM 1: 31 CUM "Alu GOLINTY PENNSYLVANA fy /j, e, ? et - peg ?? 73 VY MICHAEL F. FRISBIE, ESQUIRE E-mail: Michael.frisbie@zurichna.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 TAMMY SYKES-ALLEN v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS AND RESORTS, INC.; CONEWAGO ENTERPRISES, INC. ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-3540 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED DEFENDANT INTERSTATE HOTELS & RESORTS, INC.'S REPLY TO DEFENDANT CONEWAGO ENTERPRISES, INC.'S NEW MATTER CROSSCLAIM 1. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 2. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant prays that Defendant Conewago Enterprises, Inc.'s New Matter Crossclaim be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendant. HENDRZAK & LLOYD V~' Michael F. Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. VERIFICATION MICHAEL F. FRISBIE, ESQUIRE, states that he is the attorney for Defendant, Interstate Hotels & Resorts, Inc., in the above-captioned matter, and that the facts set forth in the foregoing Answer to Defendant Conewago Enterprises, Inc.'s New Matter Crossclaim, are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. HENDRZAK & LLOYD i , ~ ,~ _. N .... 1.. MICHAEL F. F SBIE, ESQUIRE Attorney for Defendant, Interstate Hotels & Resorts, Inc. DATED: Z C) MICHAEL F. FRISBIE, ESQUIRE E-mail: Michael.frisbie@zurichna.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 TAMMY v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS AND RESORTS, INC.; CONEWAGO ENTERPRISES, INC. ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-3540 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED CERTIFICATION OF SERVICE I, MICHAEL F. FRISBIE, ESQUIRE, hereby certify that a true and correct copy of Defendant Intestate Hotels & Resorts, Inc.'s Reply to Defendant Conewago Enterprises, Inc.'s New Matter Crossclaim was served by first class U.S. Mail, postage prepaid, upon the following on November 24, 2009: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013-0261 Attorney for Plaintiff USA Management, Inc. t/a/d/b/a USA Management of PA 250 Fame Avenue, Suite Hanover, Pa 17331-1587 Co-Defendant John M. Donahue, Esquire Strachan & Hatzell One Liberty Place, Suite 4100 1650 Market Street Philadelphia, PA 19103 Attorney for Co-Defendant, Conewago Enterprises, Inc. Gateway Gettysburg Hotel /Conference Center Partners, LP 101 131 Carlisle Street Gettysburg, PA 17325 Co-Defendant Wyndham Gettysburg Hotel 95 Presidential Circle Gettysburg, PA 17325 Co-Defendant HENDRZAK & LLOYD f++ Michael F. Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. r E jar ~ '." ~. ,; r }. ryt/ 2_~ z;ud .,0 ~,; u ., :. r ~_ ' ' .',, ..., 1 PAPH No. 08457 STRACHAN &HATZELL BY: JOHN M. DONAHUE, ESQUIRE Attorney ID No. 27268 ONE LIBERTY PLACE 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6400 /Fax 215-255-6575 <Iohn.donahue~ichartisinsurance.com TAMMY SYKES-ALLEN v. WYNDAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, L.P.; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.09-3540 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Christine Smith for that of John M. Donahue, Esquire, in Defendant Conewago Enterprises' Answer to the Plaintiff s Complaint with New Matter. STRACHAN &HATZELL B G`~ Y• O M. DONAHUE, ESQUIRE r VERIFICATION CHRISTINE SMITH, on behalf of defendant, CONEWAGO ENTERPRISES, INC., states that she is familiar with the facts set forth in the foregoing pleading; that the same are true to the best of his knowledge, information and belief; and that this Verification is given pursuant to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ,% ~ ~, !' -~ CHRISTINE SMITH r PAPH No. 08457 STRACHAN & HATZELL BY: JOHN M. DONAHUE, ESQUIRE Attorney ID No. 27268 ONE LIBERTY PLACE 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6400 /Fax 215-255-6575 Iohn.donahue~a,,chartisinsurance.com TAMMY SYKES-ALLEN v. WYNDAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, L.P.; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.09-3540 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe was served on the following individuals by first class, U.S. Mail: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 Michael F. Frisbie, Esquire HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 H M. DONAHUE, ESQUIRE ?U~° i~~`~' 3~ ~'r ~~ 22 ,1AN 21 2Q1~i .,... , ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION TAMMY SYKES-ALLEN CASE NO. 2009-3540 v. CONEWAGO ENTERPRISES, INC., ET AL ORDER AND NOW, on this ~a day of ~~ , 2010, upon consideration of the Defendants' Motion to Compel the Plaintiff to answer discovery and any response thereto, the ~ts~o~1 d defendants' motion is hereby GRANTED. The Plaintiff shall s to the Defendants' Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order or risk sanctions upon further application to this Court. B ' HE COU T: J. ~ies m~i(s~C ~I~~.~ ra c ° ` - , _ o ,_ _-- . - -T '; - raa - . - ~, ~ ~: -- y ~ ~ • ~~~ ~ ~ ~~ } { _ .~ 3 ` . F1f.F~' ~' , f MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN ~^ TNT F , t~~ ' " "NARY By: Christopher M. Reeser, Esquire ID# 73632 2Q10 FcS 17 r '3 1 ~ 24 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 ~~'~~~--~ _ ~'J~~?~~• 717-651-3506 r`1,4',~::>';'~'~~ ~, ','; Our File No. 16200-00374 Attorney for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. TAMMY SYKES-ALLEN Plaintiff vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. DB/A USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. Defendants TO William P. Douglas, Esquire Douglas Law Office 27 W. High Street Carlisle, PA 17013-0261 Attorney for Plaintiff John M. Donahue, Esquire Strachman & Hatzell One Liberty Place 1650 Market Street, Suite 4100 Philadelphia, PA 19103 Attorney for Defendant Conewago COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3540 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter and Crossclaim within twenty (20) days from service hereof or a default judgment maybe filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEM GGIN ~''~ By: ' opher M. Reeser, Esquire Attorney for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 16, 2010 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00374 Attorney for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. TAMMY SYKES-ALLEN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. DB/A USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. Defendants No. 09-3540 CIVIL ACTION -LAW JURY TRIAL DEMANDED DEFENDANTS WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, USA MANAGEMENT, INC. DB/A USA MANAGEMENT OF PA AND GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS. LP.S' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND CROSSCLAIM PURSUANT TO Pa.R.C.P.1031.1 1. Admitted upon information and belief. 2. Denied as stated. Wyndham Gettysburg Hotel is a fictional name for a hotel and convention center owned by Gateway Gettysburg Hotel/Conference Center Partners, L.P. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. Upon information and belief, at the time that the alleged incident occurred, Interstate Hotels & Resorts, Inc. was not involved in the management of the hotel in question. 8. Admitted. 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. 11. Admitted that at no time did Answering Defendants warn plaintiff that the assistive- type device referred to in plaintiffs Complaint was not adequate for its intended use. By way of further answer, it is denied that Answering Defendants had any knowledge that the device in question was not adequate for its intended use. Answering Defendants do not have do not have sufficient information to form a belief as to the truth or falsity as to whether or not the device in question was adequate for its intended use. 12. Denied pursuant to Pa.R.C.P. 1029(e). 13. Denied pursuant to Pa.R.C.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. request judgment be entered in their favor and demand a jury trial. NEW MATTER 17. Plaintiffs claims or any amendment to those claims maybe barred by the applicable statute of limitations. 18. Upon information and belief, Plaintiff Tammy Sykes-Allen suffered from pre-existing conditions which maybe the cause of any of her present complaints. 19. To the extent that there was a dangerous or defective condition on Defendants' property, which is specifically denied, Defendants did not create and were not on notice of said dangerous condition. WHEREFORE, Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. request judgment be entered in their favor and demand a jury trial. CROSSCLAIM PURSUANT TO Pa.R.C.P. 1031.1 Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. vs. Defendant. Conewago Enterprises, Inc. 20. Paragraphs 1-19 of Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. Answer and New Matter are incorporated herein by reference as if set forth at length. 21. Defendant Conewago Enterprises, Inc. constructed the Wyndham Gettysburg Hotel pursuant to a contract between Conewago Enterprises, Inc. and Gateway Gettysburg HoteUConference Center Partners, L.P. 22. Upon information and belief, the assistive-type device reference in Paragraph 9 of plaintiffs Complaint was installed by defendant Conewago Enterprises, Inc. and/or a subcontractor, agent, servant and/or employee of Conewago Enterprises, Inc. 23. Upon information and belief, the assistive-type device was installed without the appropriate mounting devices, backing or device to secure the assistive-type device to the wall. 24. As a result of the failure to provide the appropriate backing, mounting device or device, upon information and belief, the assistive-type device was not able to support the weight of the plaintiff. 25. Any injuries sustained by plaintiff Tammy Sykes-Allen, which are specifically denied, are solely the result of the negligent construction and/or installation by Conewago Enterprises, Inc. and/or its subcontractors, agents, servants and/or employees. 26. Defendant Conewago Enterprises, Inc. is solely liable to plaintiff Tammy Sykes- Allen or is liable over to defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg Hotel/Conference Center Partners, LP. for contribution and indemnification. 27. Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. join defendant Conewago Enterprises, Inc. to protect its right of contribution based upon the allegations made against defendant Conewago Enterprises, Inc. in plaintiffs Complaint, which are incorporated herein. WHEREFORE, Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. request judgment be entered in their favor and against Conewago Enterprises, Inc. and demand a jury trial. MARSHALL DENNEHEY WARNER COLEM OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 16, 2010 VR~t[FICA'P1ON I, Dinalu Auger Eoonomides, hereby state and aver that i have read the foregoing document which has been dra$ed by my counsel. The ihctual statements contained therein are true and comact to the best of my knowledge, information and belief although the language is that of my counsel, and, to the e~ctent that the content of the foregoing document is that of counsel, I have relied upon oounse[ in making this Verification. This statement is made subject to the penalties of 28 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dinalu Ec~nom ,Manager Gateway Partners I, LLG, General Partner for Gateway Gettysburg HoteUConference Center Partners, LP Dated: i~ao-0oa~a~w~ ~ vv v ~ ~ v v ~ .v~r . . r•• VERIFICATION I, Crregory U. Auger, II, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have retied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 'Ianagement, Dated: 16200.00374/AWNM MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN f By: Christopher M. Reeser, Esquire 2~ 1 ~ FE6 t 7 Pi's ~ : ~ ~ ID# 73632 ~ ~r 4200 Crums Mill Road, Suite B `"~ ~ ~ . ~~Us~,~ Harrisburg, PA 17112 717-651-3506 Our File No. 16200-00374 Attorney for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. TAMMY SYKES-ALLEN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-3540 vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. DB/A USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on February 16, 2010, I served a copy of Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP.s' Answer with New Matter and Crossclaim via First Class United States mail, postage prepaid as follows: William P. Douglas, Esquire Michael F. Frisbie, Esquire Douglas Law Office Hendrzak & Lloyd 27 W. High Street 3701 Corporate Center Parkway, Suite 100 Carlisle, PA 17013-0261 Center Valley, PA 18034 Attorney for Plaintiff Attorney for Defendant Interstate John M. Donahue, Esquire Strachman & Hatzell One Liberty Place 1650 Market Street, Suite 4100 Philadelphia, PA 19103 Attorney for Defendant Conewago C opher M. Reeser MICHAEL F. FRISBIE, ESQUIRE E-mail: Michael.frisbie@zurichna.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 T v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE C HOTELS AND RESORTS, INC.; CONEWAGO Z3if'~ ENTERPRISES, INC. rr-?~" ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-3540 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED ~.... ej~) :' ~_,~ M'y {. aGr ~-_.' DEFENDANT INTERSTATE HOTELS AND RESORTS, INC.'S~ ~=-` MOTION FOR SUMMARY JUDGMENT ~ N C~ l.~/ o '"Fl ~ ~ ~ n' ~IJ U 1 ~ "~~ _~ ~~~ N ~m cn ~ AND NOW COMES, Defendant Interstate Hotels and Resorts, Inc. ("Interstate"), by and through its attorneys, Hendrzak & Lloyd, hereby moves for summary judgment and in support, avers as follows: 1. Plaintiff initiated this action by a Writ of Summons filed on May 28, 2009. On October 7, 2009, Plaintiff filed a Complaint alleging she suffered personal injuries on May 28, 2007 while a guest at the Wyndham Hotel in Gettysburg, Adams County, Pennsylvania. A true and correct copy of the Complaint is attached hereto as Exhibit A. 2. Plaintiff alleged that she attempted to sit on a device that pulled down from the wall so that handicapped individuals could sit on the wall. When Plaintiff attempted to sit down, 2 wall so that handicapped individuals could sit on the wall. When Plaintiff attempted to sit down, the device allegedly pulled out from the wall. See A, ¶ 8. 3. Plaintiff alleged that the Defendants collectively "knew or should have known that the seat, as designed and installed, was not adequate for the intended use...." See A, ¶ 10. 4. Defendant Interstate filed an Answer with New Matter on November 2, 2009 essentially denying all allegations. In addition, Interstate answered the Complaint stating that Interstate, through one of its affiliates, provided management services at the hotel in question, beginning on or about January 14, 2008. A true and correct copy of Interstate's Answer with New Matter is attached hereto as Exhibit B. See B., ¶¶ 7,10, and 11. 5. In its New Matter, Interstate pled the following: "[d]efendant Interstate Hotels & Resorts, Inc., through one of its affiliates, provided management services to the hotel beginning on January 14, 2008 and did not provide any services at the time of Plaintiffs alleged accident." See B., ¶ 26. 6. The Answer with New Matter was verified by Sherri Johnson, Corporate Director of Claims, for Interstate Hotels & Resorts, Inc. See B. 7. Despite the Answer with New Matter being endorsed with a "Notice to Plead", Plaintiff has not filed any Reply pursuant to Pa.R.C.P. 1026. 8. Because Plaintiff did not file any responsive pleading, the factual averments are deemed admitted pursuant to Pa.R.C.P. 1029(b). 9. Defendant Interstate seeks summary judgment on the basis that it had no involvement with the property at the time of Plaintiff s alleged accident. 10. Nonparty, Interstate Management Company, LLC is an affiliate of Defendant Interstate. 3 11. Nonparty Interstate Management Company, LLC entered into a Hotel Management Agreement on January 14, 2008 with Gateway Gettysburg HoteUconference Center Partners, L.P. who owned the property. A true and correct copy of the first page of the agreement and the two signature pages are attached hereto as Exhibit C. 12. In addition, Sherri Johnson, Corporate Director of Claims, for Interstate Hotels & Resorts, Inc., submitted an affidavit which is attached hereto as Exhibit D. According to Ms. Johnson, Defendant Interstate had no involvement with the property where Plaintiff allegedly injured herself, until January 14, 2008 -more than 7 months after Plaintiffs alleged accident. 13. Further, Defendant Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUconference Center Partners, LP ("Wyndham Gettysburg") filed its Answer with New Matter to the Complaint. Defendant Wyndham Gettysburg stated in its Answer that Interstate Hotels & Resorts, Inc. was not involved in the management of the hotel at the time of the alleged incident. A true and correct copy of Wyndham Gettysburg's Answer with New Matter is attached hereto as Exhibit E. 14. Prior to the filing of the instant Motion for Summary Judgment, Interstate's counsel made numerous requests of Plaintiff s counsel to sign a Stipulation to Dismiss Interstate from the case. 15. While the other Defendants' counsels have signed the Stipulation, Plaintiff s counsel continues to ignore to any telephone inquiries or letters about the claim against Interstate. 16. In sum, Defendant Interstate had no involvement with the hotel where Plaintiff was injured, at the time of Plaintiffs alleged injury. 4 17. Accordingly, Plaintiff is unable to sustain her burden of proof and summary judgment should be entered for Defendant, Interstate Hotels and Resorts, Inc. 18. In addition, Defendant Interstate seeks attorneys' fees for her improper, unreasonable, and without basis refusal to dismiss Defendant Interstate from this case. WHEREFORE, Defendant, Interstate Hotels and Resorts, Inc. respectfully requests that this Honorable Court grant its Motion for Summary Judgment and dismiss any and all crossclaims asserted against it, and award counsel fees to Defendant, Interstate Hotels and Resorts, Inc. for the preparation of the Motion, Memorandum of Law, and argument of this Motion. HENDRZAK & LLOYD ~ ~~ Michael . Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. 5 VERIFICATION MICHAEL F. FRISBIE, ESQUIRE states that he is counsel for Defendant, Interstate Hotels and Resorts, Inc. in the above-captioned matter, and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsifications to authorities. HENDRZAK & LLOYD ~N'I~~ Michael F. Fnsbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. 6 CERTIFICATION OF SERVICE I, MICHAEL F. FRISBIE, ESQUIRE, hereby certify that a true and correct copy of Defendant Intestate Hotels & Resorts, Inc.'s Motion for Summary Judgment, Memorandum of Law, and proposed Order were served by first class U.S. Mail, postage prepaid, upon the following on March 1, 2010: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013-0261 Attorney for Plaintiff John M. Donahue, Esquire Strachan & Hatzell One Liberty Place, Suite 4100 Christopher M. Reeser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Co-Defendants, Wyndham Gettysburg Hotel, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg Hotel/Conference Partners, LP 1650 Market Street Philadelphia, PA 19103 Attorney for Co-Defendant, Conewago Enterprises, Inc. HENDRZAK & LLOYD y v \~ ~ 'I Michael F. Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. 7 William P. Douglas, Esq. SuYreme Court I.D. M37926 Douglas Lain Office 43 W. South St. Carlisle, PA 27013 Telephone f717) 24,3-1790,_,,, N ~ ~ ` s ..a n . .c f"'' o~i't r~:._: Y-.. i ~ _ U~ ~ ` r; ' rt._~ ` ~ ~ .rC~ ~~ W ~~ C~ ~ Tammy Sykes-Allen vs In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b/ a USA Management of PA; Gateway Gettysburg Hotel /Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. Defendants N TI E No. 09- 3540 Civil Term Civil Action -Law Jury Trial Demanded 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 DAYS AFTER THIS PRELIMINARY OBJECTIONAND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY••PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle PA 17013 717-249-3166 DATE: October 7, 2009 BY_~~.t.~~'uu~v, ,~,rc~ ~at~ William P. Douglas Attorney for Defendant COMPLAINT 1. The plaintiff, Tammy Sykes-Allen, is an adult individual residing at 974 Avenue F, Norfolk, VA 23513. 2. The defendant, Wyndham Gettysburg Hotel and Conference Center, is a business entity, doing business in the Commonwealth of Pennsylvania at 95 Presidential Circle, Gettysburg, Adams County, PA 17325. 3. The defendant, USA Management, lne., is a corporation trading and doing business as USA Management of PA, with a business address of 131 Carlisle Street, Gettysburg, Adams County, Pennsylvania. 4. The defendant, Gateway Gettysburg Hotel /Conference Center Partners, L.P., is a partnership, with a business address of 131 Carlisle Street, Gettysburg, Adams County, Pennsylvania. 5. The defendant, Interstate Hotels & Resorts, Inc., is a corporation doing business in the Commonwealth of Pennsylvania, with a business address of 4501 North Fairfax Drive, Arlington, VA 22203. 6. The defendant, Conewago Enterprises, Inc., is a corporation doing business in the Commonwealth of Pennsylvania, at 660 Edgegrove Road, Hanover, PA 17331. 7. At aII times relevant hereto, the defendants were involved in the ownership, maintenance, operation or construction of the hotel in question, and at all times relevant hereto were acting through their employees within the scope of their employment. 8. On or about May 28, 2007, the plaintiff was a guest in the Wyndham Hotel in Gettysburg, Adams County, Pennsylvania. 9. While using the shower facilities in her room, the plaintiff attempted to sit on a device that pulled down from the wall. The device in question was an assistive-type device for handicapped individuals. When she dzd so, suddenly and without warning, the said device pulled out from the wall, causing her to fall to the floor. 10. The fall was caused directly by the negligence of the defendants in that they knew or should have known that the seat, as designed and installed, was not adequate for the intended use, and, as a result, posed a danger to the public. 11. At no time did any of the defendants warn the plaintiff that the said device in question was not adequate far its intended use. 12. As a direct result of the fall, the plaintiff was injured. Her injuries included, but are not limited to, injury to her back and / or aggravation of a pre- existingback condition from which she was recovering. 13. As a direct and proximate result of her injuries, the plaintiff has incurred medical expenses in the past, and she may continue to incur the same in the future. 14. As a result of her injuries, the plaintiff has incurred pain and suffering in the past, and may continue to incur the same in the future. 15. As a result of her injuries,' the plaintiff has incurred aggravation, inconvenience and loss of life's pleasures, and may continue to incur the same in the future. 16. As a result of the injuries sustained by the plaintiff on the aforesaid date, she has been unable to engage in her previous employment, and, as a result of said inability, she has suffered loss of past and future wages. Further, as a direct and proximate result of her injuries, the plaintiff's economic horizons have been limited. WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff and against the defendants in an amount in excess of that requiring compulsory referral to arbitration. A jury trial is hereby demanded. Respectfully submitted, 7` William P. Douglas October 7, 2009 Attorney for Plaintiff VERIFICATION This verification is made pursuant to Pa. R.C.P. 1024(c) by counsel for plaintiff, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS LAW OFFICE By ~~ Dated: October 7, 2009 William P. Douglas EXHIBIT "B" To All Parties: You are hereby notified to answer the enclosed Answer with New Matter and New Matter Crossclaim within twenty (20) days from service hereof or a judgment maybe entered against you. MICHAEL F. FRISBIE, ESQUIltE E-mail: Michael.frisbie@zurichna.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 TAMMY SYKES-ALLEN v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS AND RESORTS, INC.; CONEWAGO ENTERPRISES, INC. ~~ MICHAEL F. FRISBIE, ESQUIRE ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, INC . c, ~^; -~ r ~; -„ _ ~ _-~ - ~µ` " ~ -~- --, ~ : `' -- -._ C> CUMBERLAND COUNTY - . ~? , ~~~ COURT OF COMMON PLEAS : ` '"'~ ~_ f.,,, • • , ~ ' .z NO.: 09-3540 CIVIL TERM ~ -- TRIAL BY JURY OF 12 DEMANDED DEFENDANT INTERSTATE HOTELS & RESORTS, INC.'S ANSWER WITH- NEW MATTER AND NEW MATTER CROSSCLAIM TO THE COMPLAINT 1. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 2. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 3. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 4. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 5. Admitted. 6. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e}. 7. Denied. The allegations are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant Interstate Hotels & Resorts, Inc., through one of its affiliates, provided management services on or about January 14, 2008, which was after the date of the alleged fall. 8. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 9. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). 10. The allegations in this paragraph aze denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant Interstate Hotels & Resorts, Inc., through one of its affiliates, provided management services to the hotel beginning on January 14, 2008 and did not provide any services at the time of Plaintiff's alleged accident. 11. The allegations in this pazagraph aze denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Defendant Interstate Hotels & Resorts, Inc., through one of its affiliates, provided management services to the hotel beginning on January 14, 2008 and did not provide any services at the time of Plaintiff's alleged accident. 12. The allegations in this pazagraph are denied pursuant to Pa.R.C.P. 1029(e). 13. The allegations in this paragraph aze denied pursuant to Pa.R.C.P. 1029(e). 14. The allegations in this pazagraph are denied pursuant to Pa.R.C.P. 1029(e). 15. The allegations in this pazagraph are denied pursuant to Pa.R.C.P. 1029(e). 16. The allegations in this paragraph are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant prays that Plaintiffs' Complaint be dismissed with prejudice or that judgment be rendered wholly in favor of Answering Defendant. NEW MATTER 17. If an accident occurred in the manner alleged by the Plaintiff, then such accident occurred as a result of the negligence of the Plaintiff and under the terms of the Comparative 2 Negligence Act of 1976, 42 Pa. C.S.A. 7102 et se ., the Plaintiff is not entitled to recover from Defendants or the recovery is to be reduced in accordance with the terms of the aforesaid Act. 18. If it is judicially determined that the Plaintiff suffered any injuries and/or damages as a result of the accident as alleged in Plaintiffs Complaint then such damages were proximately caused by the negligence of Plaintiff herself. 19. If the Plaintiff suffered any injuries/damages as alleged, they were caused solely and primarily by Plaintiff s own carelessness, recklessness, negligence, or contributory negligence. 20. By the actions at the date, time and place stated in the Plaintiffs Civil Action- Complaint, the Plaintiff assumed the risk of any and all injuries or damages which she alleged to have suffered. 21. The Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 22. On November 7, 1988 the Pennsylvania Supreme Court promulgated amended Pennsylvania Rule of Civil Procedure 238, hereinafter "Rule 238" with an immediate effective date. Rule 238, on its face and as applied, violates the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution; 42 U.S.C.A. Section 1983 of the Civil Rights Acts; Article I, Sections 1, 6, 11, 26; and Article IV, Section 10(c) of the Pennsylvania Constitution. If there is a judicial determination that Rule 238 is constitutional, then liability for any interest imposed by this rule should be suspended during the period of time that Plaintiffs fail to convey to the Defendants a settlement demand figure, delays in responding to discovery, delays 3 in producing requests made by the Defendant, and as a result of any delay, the Plaintiffs should be estopped from obtaining interest because of any violation of the discovery rules. 23. The damages alleged by Plaintiff did not result from the acts and/or omissions of Defendant, but from acts and/or omissions of third parties over whom Defendant had no control. 24. Plaintiffs claims are barred by all affirmative defenses set forth in Pa.R.C.P. 1030 including, but not limited to accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of limitations, statute of frauds, truth and waiver. 25. Plaintiffs claims are barred by any and all waivable affirmative defenses. 26. Defendant Interstate Hotels & Resorts, Inc., through one of its affiliates, provided management services to the hotel beginning on January 14, 2008 and did not provide any services at the time of Plaintiff's alleged accident. WHEREFORE, Answering Defendant, hereby demands judgment in their favor and against the Plaintiff together with attorney's fees, costs and other relief deemed appropriate by this Honorable Court. NEW MATTER CROSSCLAIM 27. Answering Defendant incorporates by reference the answer to paragraphs 1 through 26 inclusive, as fully as though the same were here set forth at length. 28. If Plaintiff suffered injuries or damages as alleged in the Complaint said injuries and damages were caused solely by the negligence and carelessness of the other Defendants, who are solely liable, or jointly and/or severally liable, and/or liable over to Answering Defendant. 4 29. If Answering Defendant is held liable to Plaintiff for all or part of such injuries and damages as Plaintiff may have suffered, the other Defendants are liable to Answering Defendant byway of contribution and/or indemnity, contractually or otherwise. WHEREFORE, Answering Defendant demands judgment in its favor for contribution and/or indemnity against the other Defendants, Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA, Gateway Gettysburg HoteU Conference Center Partners, LP, and Conewago Enterprises, for all sums paid by Answering Defendants to Plaintiff as a result of verdict or settlement and attorney's fees, costs and interest. HENDRZAK & LLOYD ~~ ~~ Michael F. Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. 5 VERIFICATION I, Sherri Johnson, hereby state that I am an authorized representative of the Defendant, Interstate Hotels & Resorts, Inc., a party in this action and verify that the statements made in the foregoing Answer to Plaintiff's Complaint with New Matter and New Matter Crossclaim, are true and correct to the best of my knowledge, information and belief: The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~~v~ .f NAME: SHE .70HNSON Title: CORPORATE DIRECTOR OF CLAIMS Company: INTERESTE,IIOTELS & RESORTS,1'NC. Date: I ~~~~ J;2~a~ Re: Sykes-Allen v. Interstate Hotels & Resorts, Inc,, et al. {MFF) MICHAEL F. FRISBIE, ESQUIRE E-mail: Michael.frisbie@zurichna.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 TAMMY SYKES-ALLEN v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS AND RESORTS, INC.; CONEWAGO ENTERPRISES, INC. ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, 1NC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-3540 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED CERTIFICATION OF SERVICE I, MICHAEL F. FRISBIE, ESQUIRE, hereby certify that a true and correct copy of Defendant Intestate Hotels & Resorts, Inc.'s Answer with New Matter and New Matter Crossclaim to the Complaint was served by first class U.S. Mail, postage prepaid, upon the following on October 29, 2009: William P. Douglas, Esquire Douglas Law Office 43 W. South Street Carlisle, PA 17013-0261 Attorney for Plaintiff Wyndham Gettysburg Hotel 95 Presidential Circle Gettysburg, PA 17325 Co-Defendant USA Management, Inc. t/a/d!b/a USA Management of PA 250 Fame Avenue, Suite 101 Hanover, Pa 17331-1587 Co-Defendant Conewago Enterprises, Inc. P.O. Box 143 660 Edgegrove Road Hanover, PA 17331 Co-Defendant Gateway Gettysburg Hotel /Conference Center Partners, LP 131 Carlisle Street Gettysburg, PA 17325 Co-Defendant HENDRZAK & LLOYD ~~J~ ~ ~ j~ ~l r-~ Michael F. Frisbie, Esquire Attorney for Defendant, Interstate Hotels and Resorts, Inc. EXHIBIT "C" HOTEL MANAGEMENT AGREEMENT THIS HOTEL MANAGEMENT AGREEMENT (this "Agreement"} is made as .of the day of January; 2008; between GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, L.]P. {"O~~~ner"), a Pennsylvania limited liability company, and INTERSTATE MANAGEMENT CONIPANY, LLC ("Operator"), a Delaware limited liabilit>~ company. . RECITALS A. Owner is the owner of a hotel (the "Hotel") known as the WYNDHAM GETTYSBURG located at 95 Presidential Circle, Gettysburg, Pennsylvania 3'7325: and B. Owner and Operator desire to evidence their agreement with respect to the operation. direction, management; and supervision of the Note] as more particularly set forth below.. NOW, THEREFORE. for and in consideration of the premises, and other good and valuable consideration; Owner and Operator agree as follows: ARTICLE 1 THE H OTEL l .1. Owner and Operator acknowledge that the Hotel consists of and contains: A. Building (the "Building"} with 2d8 guest rooms; 1 restaurant. T lounge; and conference and meeting rooms together ~=ith a condominium interest in the parcel of land on which the Building is located and any outdoorparking areas or other facilities located on such ]and; B. Mechanical systems-and buih-in installations (the "Installations") of the Building including, btrt not limited to. heating. ventilation; air conditioning; electrical and plumbing systems. elevators and escalators. and built-in laundry. refrigeration anti kitchen eduipment; C. Furniture, furnishings. wall coverings, floor coverings; window treatments. fixtures and hotel eduipment and vehicles (the "FF&E"); D. Chinaware, glassware; silverware. linens, and other items of a similar nature (tJ1e "Operating Equipment"}; and L-. Stock and inventories of paper supplies. cleanim~ materials and similar consu~i~able items and food and beverage (the "Operating Supplies"). ;.~ i ~ sscs~: i ; IIV WITNESS WHEREOF. Operator and Owner have duly executed this Agreement the day and year first above wTitien. GATEWAY GETTYSBURG IIOTELICONFERENCE CENTER PARTNERS, L.P. By: Monahan Development. LLC. its general partner By: -.rr' Name: ~d ~•~7~'° PAees4 i~d~.. Title: t~1.~ ~ IA~LLT.~t,~7~ INTERSTATE MANAGEMENT COMPANY, LLC By: hiterstate Operating Company, L.P.. member By: Interstate Hotels & Resorts. Inc.. its general partner By: Name: Title: 31 TN WITNESS WHEREOF. Operator and Owner have duly executed this Agreement the day and year farst above written. GATEWAY GETTYSBURG HOTEL/CON)FERENCE CENTER PARTNERS, L.P. By: Monahan Development, LLC; its general partner By: Name: Title: INTERSTATE MANAGEMENT COMPANY, LLC By: lnterstate Operating Company, L.P._ member By: lnterstate Hotels & Resorts. ]nc., its general partner B • l,i~ C~fi~~~ y e: f 2IL~5-Qm-f'rn{lam- tle:~~^'" vv"~~ 3l MICHAEL F. FRISBIE, ESQUIItE E-mail: Michael.frisbie@zurichn,a.com Attorney I.D. No.: 79096 HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 TAMMY SYKES-ALLEN v. WYNDHAM GETTYSBURG HOTEL and CONFERENCE CENTER; USA MANAGEMENT, INC. d/b/a/ USA MANAGEMENT OF PA; GATEWAY GETTYSBURG HOTEL/ CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS AND RESORTS, INC.; CONEWAGO ENTERPRISES, INC. ATTORNEY FOR DEFENDANT(S), INTERSTATE HOTELS & RESORTS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 09-3540 CIVIL TERM TRIAL BY JURY OF 12 DEMANDED AFFIDAVIT OF SHERRI JOHNSON COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss I, Sherri Johnson, deposes and states: I am the Corporate Director of Claims for Interstate Hotels & Resorts, Inc. 2. In my position as Corporate Director of Claims, I am familiar with the business of Interstate Hotels & Resorts, Inc. and various management agreements to provide management services at various hotels. 3. On January 14, 2008, Interstate Management Company, LLC entered into a Hotel Management Agreement with the owner of the hotel -Gateway Gettysburg HoteUConference Center Partners, L.P. 4. Interstate Management Company, LLC is a subsidiary of the Defendant Interstate Hotels & Resorts, Inc. 5. Pursuant to the Hotel Management Agreement, Interstate Management Company, LLC would provide management services at the hotel. 6. Prior to this date, neither Interstate Managemenfi Company, LLC, nor any other entity affiliated with Interstate Hotels & Resorts, Inc. provided any management services at the hotel. 7. I have reviewed the Complaint filed in this matter and note that Plaintiff alleges she fell on May 28, 2007. 8. On May 28, 2007, neither Interstate Management Company, LLC, nor any other entity affiliated with Interstate Hotels & Resorts, Inc. had any involvement with the hotel. I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I also understand that the statements therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ~~u TVAME: SHERRI HNSON Title: CORPORA E DIRECTOR OF CLArMS Company: INTERSTATEIIOTELS & RESORTS, INC. Sworn to and subscribed before me this~~y of~~tpr 2010 Notary Public ~~, ~ ~~s'~~Z :~ ~r 'LOt,,~,r,v`C? TAMMY SYKES-ALLEN, Plaintiff V. CONEWAGO ENTERPRISES, INC., ET AL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3540 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of JUNE, 2010, a Rule is issued upon Plaintiff to Show Cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. By,zh~ Court,_ .~- _~~ ~~~ ~~ ~• ~~ Edward E. Guido, J. ~liam P. Dou las Es uire g ~ q Michael F. Frisbie, Esquire trachan & Hatzell One Liberty Place, suite 4100 1650 Market Street Philadelphia, Pa. 19103 :sld ~O'~ i Es ryl ~ t ~4.C~ ~ ~ s~~~ ~'~ C~ ~ ~`i :~, --~~ __ ~;~ u ';; - - ..,,- r ~~.` -~. ; . . C _~ ,~ -i =z ~, -=~ 2010 JiJ°# 28 F1~ 3~ i7' ,e~C TAMMY SYKES-ALLEN Cs~P~~ ~~" ~'' ~+~NTIt t~c+ ~I~;~, f~~~~`,~~~+~OURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-3540 vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER; USA MANAGEMENT, INC. D/B/A USA . MANAGEMENT' OF PA; GATEWAY GETTYSBURG HOTEL/CONFERENCE CENTER PARTNERS, LP; INTERSTATE HOTELS & RESORTS, INC.; CONEWAGO ENTERPRISES, INC. . CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendants : WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned as counsel for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP. in the above-captioned case. MARSHALL DENNEHEY WARNER COLE OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for Defendants Wyndham Gettysburg Hotel and Conference Center, USA Management, Inc. d/b/a USA Management of PA and Gateway Gettysburg HoteUConference Center Partners, LP., in the above-captioned case. STRACHMAN & HATZELL By: /~~ J .Donahue, Esquire O erty Place 1650 Market Street, Suite 4100 Philadelphia, PA 19103 Dated: 1 ?74? o CERTIFICATE ?:r c? ° -4 x PREREQUISITE TO SERVICE OF A SUBPOENA m PURSUANT TO RULE 4009.22 > o0 o 5. - n c`) C o ?rn In the Matter of: Court of Common Pleas TAMMY SYKES-ALLEN Cumberland County .VS WYNDHAM GETTYSBURG HOTEL AND No. 2009-3540 CONFERENCE CENTER, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JOHN DONAHUE, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 12/8/2010 A &401 IRE Counsel for Defendant Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.celrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ETAL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: November 17, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 10-7746N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 11/17/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 12/8/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 A166 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: November 17, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page •• Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 10-7746N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 11/17/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 12/8/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 i". Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.celrine.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: November 17, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page i Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ' (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 10-7746N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 11/17/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 12/8/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY DYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ALAN R. KUNKEL, DO - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records from 2001 - Present, all Films, including but not limited to chart notes, intake sheets, treatment records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 'SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Ef .7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DEPAUL MEDIACAL CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records from 2004 - Present, including but not limited to chart notes, intake sheets, treatment records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC.. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DEPAUL MEDIACAL CENTER - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films from 2004 - Present, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FAMILY OUTREACH & COUNSELING CENTER - PERSONNEL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment/personnel records, including workers' comp claims, dates of attendance, applications, performance records, exit interviews, reviews, evaluations, earnings, medical reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Ef .7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GRANT A. SHIDMORE, MD - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, all Films, including but not limited to chart notes, intake sheets, treatment records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HAMPTON ROADS TRANSIT - PERSONNEL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment/personnel records, including workers' comp claims, dates of attendance, applications, performance records, exit interviews, reviews, evaluations, earnings, medical reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested. by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY'SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTLE AND CONFERENCE CENTER, AT AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HRT TRANSIT COMPANY - PERSONNEL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment/personnel records, including workers' comp claims, dates of attendance, applications, performance records, discharge information, reviews, evaluations, earnings, medical reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) 11-1977N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas TAMMY SYKES-ALLEN Cumberland County _VS - WYNDHAM GETTYSBURG HOTEL AND No. 2009-3540 CONFERENCE CENTER, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to 400'9.22 CCLR on behalf of JOHN DONAHUE, ESQUIRE = -. Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 3/4/2011 AN A , ESQUIRE Counsel for Defendant .. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 11, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page • i1 6 Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 11-1977N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/11/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/4/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 Center City Legal Reproductions, Inc. CUR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 11, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ."• Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦._. (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL CCLR File NO. 11-1977N COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/11/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/4/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 yes / no yes / no .. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦__ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 11, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page .. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 11-1977N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/11/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/4/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAN TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MRI & CT DIAGNOSTICS - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all MRI films and CT scans, including MRI films of cervical spine dated 12/30/2005, and MRI films of the cervical spine dated 4/21/2008, including radiology reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reas®nable'd' st'of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAN TAMMY SYKES-ALLEN VS WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: NORFOLK PHYSICAL THERAPY CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance ilie reas8ab10.'4 Yof preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party, serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court r. 15 BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) 11-2066N CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas TAMMY SYKES-ALLEN Cumberland County - VS - WYNDHAM GETTYSBURG HOTEL AND No. 2009-3540 CONFERENCE CENTER, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of JOHN DONAHUE, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which isFt® ??~ A attached to the notice of intent to serve the subpoena(s).-'~ DATE: 3/15/2011 JOHN D NAHUE, ESQUIRE Counsel for Defendant Center City Legal Reproductions, Inc. '111bb CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_¦ ¦ _¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 22, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page A Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 11-2066N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/22/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/15/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) WILLIAM P. DOUGLAS, ESQUIRE DOUGLAS LAW OFFICE 43 W. SOUTH STREET CARLISLE, PA 17013 ¦m Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 22, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. Ad CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ ¦ ¦ ¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 11-2066N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/22/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/15/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) MICHAEL FRISBIE, ESQUIRE HENDRZAK & LLOYD 3701 CORPORATE CENTER SUITE 100 CENTER VALLEY, PA 18034 Center City Legal Reproductions, Inc. CLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ ¦! ¦ (215)732-1177 fax (215)732-5637 Online Services www,cclrine.com TAMMY SYKES-ALLEN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WYNDHAM GETTYSBURG HOTEL No. 2009-3540 AND CONFERENCE CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 Please take notice there has been a request by JOHN DONAHUE, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to TAMMY SYKES-ALLEN. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 22, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page A Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com TAMMY SYKES-ALLEN CCLR File NO. 11-2066N vs. WYNDHAM GETTYSBURG HOTEL AND CONFERENCE CENTER, ET AL COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/22/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/15/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) CHRISTOPHER M. REESER, ESQUIRE MARSHALL, DENNEHEY, WARNER, COLEMAN 4200 CRUMS MILL ROAD SUITE B HARRISBURG, PA 17110 COMMONWEALTH: OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETYSBURG HOTEL AND CONFERENCE CENTER, ET AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: APAC TELESERVICES, INC. - PERSONNEL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment/personnel records, except payroll records, all records relating to worker's compensation claims, including the claim of 12/10/1998, dates of attendance, applications, performance records, reviews, evaluations, medical reports, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with' the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) t, ?9- .1 ?• tYl o . ri oci ? .2 .W A t1 gb v A N_ A A Q 1cn O 3 pf D .°i, Q O C A w N I CL C: l1 A 4 to N '"? to y^ C QQ 4 r- 0. _ m A .+ s 1_ u . ? ter- ?' O Cl. S O- .O A M Q A A O O v Q N E Q A o. m Q' O' O a ° C Q M?M I? o f C m O Z O COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETYSBURG HOTEL AND CONFERENCE CENTER, ET AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVER PURSUANT TO RULE 4009.22 TO: GETTYSBURG HOSPITAL - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all emergency room medical records of 5/28/2007, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasdnable Msl6f preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) .- en t: (I ? T' en n { V. .ems. ? ?. ' ?l mss. W A ar ' w. c, to ? a- IoaP cJ' w. O VD ? O ? C A w ? o _ ?•o is a A A N C3. H ? p pp C 00 " G O O O,. . m n Cl. ? a- Si ?? O O A n ? J OO f/j a pj C Cr `p ? O tin v ?C A ti A O C. d 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAMMY SYKES-ALLEN VS WYNDHAM GETYSBURG HOTEL AND CONFERENCE CENTER, ET AL File No. 2009-3540 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: GETTYSBURG HOSPITAL - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all radiology reports of 5/28/2007, pertaining to TAMMY SYKES-ALLEN. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. ''; "I If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:JOHN DONAHUE, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) aa- r r9 t/ --n Y .T Q:? sw . A C' -r1 - ? aT .Y C 'J- O- A G d' ovy5 o 3 d D c A n ?; -onc n ;' A n a u -. u c -, at pcr 09 - A G D O- Q O w ^> A - 3 - rA r . A `- A Q w? O A CL GO CL 5? A A C O - % ~ N A A ' 00 Z V r4n C Q ? M Q Q - O G d •-C O OZ . Y PAPH No. 08457 STRACHAN & HATZELL BY: JOHN M. DONAHUE, ESQUIRE Attorney ID No. 27268 ONE LIBERTY PLACE 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6400 / Fax 215-255-6575 John.donahue?a?chartisinsurance.com $ - r IOE PROTHONOTWf J1 11!1 5 2 10 I -.,UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION TAMMY SYKES-ALLEN CASE NO. 2009-3540 V. CONEWAGO ENTERPRISES, INC., ET AL DEFENDANT CONEWAGO ENTERPRISES' MOTION TO COMPEL THE PLAINTIFF'S INDEPENDENT MEDICAL EXAMINATION The Defendants, by and through their attorneys, STRACHAN & HATZELL, present the following motion to compel the Plaintiff to undergo an independent medical examination, and in support thereof, aver the following: 1. The plaintiff filed the above-captioned action, seeking damages for bodily injuries from defendant. 2. On or about June 17, 2011, IMX Medical Management Services, Inc. notified Plaintiff's counsel of an Independent Medical Evaluation scheduled for July 19, 2011. See Exhibit "A" attached hereto. On or about July 14, 2011, defendant's counsel sent a letter to plaintiff's counsel reminding him of the scheduled IME. See Exhibit "B" attached hereto. 4. On or about July 20, 2011, defendant's counsel was notified by IMX that the Plaintiff was a No-Show. See Exhibit "C" attached hereto. Pa.R.C.P 4010(a) authorizes a trial court to order the mental or physical examination of a party when the mental or physical condition of that party is in controversy. 6. The defendant has made a good faith attempt to resolve the discovery impasse in accordance with Philadelphia Civil Rule No. 208.2(e). 7. The Defendant is prejudiced by the plaintiff's failure to appear for her independent medical examination, and the defendant cannot effectively prepare a defense for trial in the absence of sufficient expert medical testimony. WHEREFORE, the defendants respectfully request the Court to enter an Order instructing the plaintiff to appear for an Independent Medical Examination. STRACHAN & HATZELL By: J Htey . DONAHUE, ESQUIRE A for Conewago Enterprises T X ec 1cal_Management Services, Inc. cc: Tw,) E,ala Plaza Suite 600, PO Lox 557, Bala Cynwyd, PA 19004 Independ,,-nt Medical' Evaluation Confirmation Letter Tbda ?'s Dai e: 6/1'7/2011 RE:: Reforred Ey: Strachan & Hatzell Claimant: 'rammySykes Cla im # : 6&!-155-853 Dea r: Wil i is n Douglas, Esquire Phone: (610) 667-4463 - Fax: (610) 667-4764 Toll free: (800) 707-0575 We an, confirming on behalf of Strachan & Hatzell that an Independent Medical Evaluation has been scheduled as follows: Appt. Date: 7/19/2011 Time: 2:00 PM Physician: Thomas Diflenedetto, MD Specialty: Orthopaedic Surgery Location: First Choice Rehab 701.1 Allentown Blvd, Suite 2 Harrisburg, PA 17112 Please hEigLLne form of Photo Identification with you and inform the receptionist uoon signing in which Phvsic A yo u a re th ere to see.. Please bring one fora:. of Photo Identification with you. So that we may complete a thorough evaluation - Please bring all Xray films, ?v RIs and any other pertinent medical documentation to the scheduled exam. If you have any questions or concerns, pause contact us al. 1-610-667-4463. For directions please reference our website, www.imxmed.com, click on the office location tab. Sincerely, Krista Ladislam, IMX Medical Management Services Tarimy Sykes George Levy / Strachan & Hatzell Address;ee: Tammy Sykes 974 Avenue F Norfolk VA 23 S 13 Q, 0 al? STRACHAN & HATZELL ONE LIBERTY PLACE, SurrE 4100 1650 MARKET STREET PHmADELPHIA, PA 19103 PHONE No. 215-255-6400 FAx No. 215-255-6575 GERALD F.STRACHAN* JOHN J. HATZELL* JOHN E. ToczYDLOwsia JOHN M. DONAHUE SHAM L.FRANKFQRT MARTIN N. CHrrJIAN Hui J. Mm JOHN J. DALY JEFFREY A. LERMAN *Also a member of the New Jersey Bar July 14, 2011 William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013 Via Fax: 717-243-8955 (4 pages) RE: Sykes-Allen v. Wyndham Gettysburg Hotel et al CCP Cumberland County, no. 09 - 3540 Civil Term Our client: Conewago Enterprises, Inc. Date of Loss: 5/28/2007 683-155853; LEGAL-DEFENSE ATTY CORRESP; PAPH 8457 Dear Mr. Douglas: This is a reminder of your client's scheduled IME next week on July 191h. Please confirm your client's intent to attend this appointment. Also, kindly reply to my letter of February 21, 2011 regarding outstanding discovery. Thank you for your courtesies. JMD/gml Very truly yjzkrs, M. Donahue, Esquire •? D IMX Medical Management Services Two Bala Plaza, Suite 600, PO Box 557, Bala Cynwyd, PA 19004 Phone: (610) 667-4463 • Fax: (610) 667-4764 Toll free: (800) 707-0575 No Show Notice Today's Date: 07/20/2011 Dear: George Levy One Liberty Place 1650 Market Street, Suite 4100 Philadelphia, PA 19103 (215) 255-6575 RE: Tammy Sykes Claim #: 683-155-853 Date of Injury: 5/28/2007 This letter is to inform you that the above-named claimant did NOT SHOW for the appointment listed below. Appt. Date: 7/19/2011 Time: 2:00 PM Physician: Thomas DiBenedetto, MD If you have any questions or concerns, please contact us at 1-610-667-4463. Sincerely, Christa Norton Scheduling Coordinator •? d EXHUNT - L a CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the above Motion was made on the following parties or counsel by United States First Class Mail, postage pre-paid on July 22, 2011: William P. Douglas, Esquire DOUGLAS LAW OFFICE 27 W. High Street Carlisle, PA 17013-0261 By: J M. DONAHUE, ESQUIRE 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TRIAL DIVISION TAMMY SYKES-ALLEN CASE NO. 2009-3540 V. CONEWAGO ENTERPRISES, INC., ET AL Mm xZ' r-- -gym r ORDER ..?° AND NOW, this 0 day of , 2011, upon consideration ofAe Defendants' Motion, it is hereby ORDERED that Defendants' Motion is GRANTED as follows: 1. The Plaintiff shall submit to a defense medical examination at the convenience o e physician f?.e examining clc• . 30 ?ree??s w?s Le BY T COURT: J. j]onaloe, k John Nt ' p. aj ?l o I; 0-M Do William P. Douglas, Esq. Supreme Court I.D. 1137926 Douglas Law Office 43 West South Street Carlisle, Pennsylvania 17013 Telephone (717) 243-1790_ Tammy Sykes-Allen T P 07N?J?C h,; 2012 M )R)2 I PM 12: 2 6 CUMBERLAND COUNT?t PENNSYLVANIA vs In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania Wyndham Gettysburg Hotel and Conference Center; USA Management, Inc. / d / b / a USA Management of PA; Gateway Gettysburg Hotel/ Conference Center Partners, L.P.; Interstate Hotels & Resorts, Inc.; Conewago Enterprises, Inc. Defendants Dear Mr. Buell: No. 09 - 3540 Civil Term Civil Action - Law Jury Trial Demanded Praecipe to Settle and Discontinue Please mark the above captioned matter settled and discontinued. William P. Doug , Esq. Attorney for P ntiff Date: March 21, 2012