The URL can be used to link to this page

Home My WebLink About08-6929CHAD P. BAKER Plaintiff v. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: D G ? '?_y G ?( CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to the Sheriff for service upon: Angel P. Oliva, President Nicholas Giambilis 1800 High Street Corporation Carlisle Diner, Inc. 34 Teaberry Drive 800 West High Street Carlisle, PA 17013 Carlisle, PA 17013 L W FFI F JOSEPH L. HITCHINGS Date: 1x c OT- ' eph . Hitchi Esquir Attorney I.D.# 6555 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: o2r(?rt.Cru ?-/? ,Z6d c? ? pC Prothonotary By: , ya-t . Deputy 4 ct? Jr rn V c? r ?J rag ?l 9 p ` 15 SHERIFF'S RETURN - NOT FOUND SASE NO: 2008-06929 P ` COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAKER CHAD P VS 1800 HIGH STREET CORPORATION R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CARLISLE DINER INC C/O NICHOLAS GIAMBILIS but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT C/O NICHOLAS GIAMBILIS , 800 WEST HIGH STREET NOT FOUND , as to CARLISLE DINER INC CARLISLE, PA 17013 EMPLOYEES AT DINER NEVER HEARD OF NICHOLAS GIAMBILIS (OR ANGEL P. OLIVA) Sheriff's Costs: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 Not Found 5.00 l joa)oq 37.50 So answers - - R. Thomas ine Sheriff of Cumberland County LAW OFFICES OF JOSEPH HITCHING 12/23/2008 Sworn and Subscribed to before me this day of A. D. a SHERIFF'S RETURN - NOT SERVED N CASE NO: 2008-06929 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAKER CHAD P VS 1800 HIGH STREET CORPORATION R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: 1800 HIGH STREET CORPORATION C/O ANGEL P. OLIVA but was unable to locate Them in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named DEFENDANT C/O ANGEL P. OLIVA 34 TEABERRY DRIVE NOT SERVED , as to 1800 HIGH STREET CORPORATION CARLISLE, PA 17013 DESPITE SEVERAL ATTEMPTS, PAPER EXPIRED BEFORE SERVICE WAS MADE. Sheriff's Costs: Docketing Service Postage Surcharge Not Served 6.00 5.40 .42 10.00 5.00 ? 26.82 So answers,, >> R. Thomas Kli Sheriff of Cumberland County LAW OFFICES OF JOSEPH HITCHING 12/23/2008 Sworn and Subscribed to before me this day of A.D. n CHAD P. BAKER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 65" ?p 9?9 r vi ?urM 1800 HIGH STREET CIVIL ACTION - LAW CORPORATION, CARLISLE DINER, INC. C ^' Defendant JURY TRIAL DEMANDED 7}_ 7T7 PRAECIPE FOR WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: ° -c Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to the Sheriff for service upon: Angel P. Oliva, President Nicholas Giambilis 1800 High Street Corporation Carlisle Diner, Inc. 34 Teaberry Drive 800 West High Street Carlisle, PA 17013 Carlisle, PA 17013 JL,?WJFFI F JOSEPH L. HITCHINGS Date: x Attorney I.D.# 6555 N 5000 Ritter Road, Suite 202\ Mechanicsburg, Pennsylvania 1 Telephone: (717) 458-8123 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ?? ? -06'9 i s? Efts Ili MOXW1, I ho(O 101W but Illy Aof said cod wl , p , Prothonotary By: - Deputy 'W 6w 9fi :E d i Z AON 0001 JA181H5 3H? 0 ??i ?aC; n BAKER IN THE COURT OF COMMON PLEAS CHAD P . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C'u V. DOCKET NO.: 1800 HIGH STREET CIVIL ACTION - LAW O CORPORATION, CARLISLE `. DINER, INC. Defendant JURY TRIAL DEMANDED .` r _Q PRAECIPE FOR WRIT OF SUMMONS co TO THE CUMBERLAND COUNTY PROTHONOTARY: < Please issue a Writ of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to the Sheriff for service upon: Angel P. Oliva, President Nicholas Giambilis 1800 High Street Corporation Carlisle Diner, Inc. 34 Teaberry Drive 800 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Date: x Lt--),r JOSEPH L. HITCHINGS Attorney I.D.# 6555t---- 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE MENTIONED NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: WDV C? ,4_ all,106ir Prothonotary uai+a:itl:ty rviNUU01, i INIC U111U *0I.114 LL 11 W the 1 of Bald i 1 By: i:1 t? Deputy AT S t :E d I Z AON 8001 Vd `,kIHfl? L t Vill- AA183HS Hi ?M -]JIJJ0 ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [7171975-8114 Direct Dial: (717) 760-7502 Fax: 17171975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: 1800 HIGH STREET CORPORATION, and CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. DOCKET NO. 08-69211 Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendants, 1800 High Street Corporation and Carlisle Diner, Inc., in the above-captioned matter. Respectfully submitted, C Date: I /Zizd MARGOLIS By: ROLPIE. KR(AL; ESQUIRE PA. Attorne I.D. No. 47243 Attorney for Defendants, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC. 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 ., CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE OF ROLF E. KROLL, ESQ., on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the 9 day of al,2:f ?_ 2009, and addressed as follows: Toseph L. Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARGOLIS EDELSTEIN Kellie Ann Nelson, Paralegal OF THE 2009 APR' 14 AM 10. 2 rcPdiI'Sybi,`'ll -i;ti. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717) 975-8114 Direct Dial: (717) 760-7502 Fax: [717)975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: 1800 HIGH STREET CORPORATION, and CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. DOCKET NO. 08-6924 Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Respectfully submitted, MARGOLIS,EDZ,STEIN A? Date: By: F E. L, SQUIRE PA. Attorney I.D. No. 47243 Attorney for Defendants, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC. 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 April 14, 2009, Rule to File Complaint Issued. S f - ? , , - Curtis R. Long, Protho o ary CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing RULE TO FILE COMPLAINT, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the / day of aAz? , 2009, and addressed as follows: Joseph L. Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARGOLIS EDELSTEIN By: 7&f"U' 0. 441_? Kellie Ann Nelson, Paralegal FILEt i'E OF THE 2009 A Ili Aid If: o 8 "ITY CHAD P. BAKER IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO.: 08-6929 Civil Term 1800 HIGH STREET CIVIL ACTION - LAW CORPORATION, CARLISLE DINER, INC. JURY TRIAL DEMANDED Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE CUMBERLAND COUNTY PROTHONOTARY: Please Reissue the Writ of Summons for Defendants 1800 High Street Corporation, and Carlisle Diner, Inc. in the above-captioned action. A copy of the original Writ is attached hereto. The Reissued Writ of Summons shall be issued and returned to the undersigned for service upon the Defendant. Office of Joseph L. Hitchings Date: p - o Jeseph L. HltdKings, Esquir Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff OF TH:: 2 0 3 3 r",PR 28 RA 12: k; cut"Ill +Io.oo Pa ATrY CO I I of Of, QAJ43q7 6- CHAD P. BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO.: 08-6929 Civil Term 1800 HIGH STREET CIVIL ACTION - LAW CORPORATION, CARLISLE DINER, INC. JURY TRIAL DEMANDED Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTONEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA. 17013 #717-240-6200 CHAD P. BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO.: 08-6929 Civil Term 1800 HIGH STREET CIVIL ACTION - LAW CORPORATION, CARLISLE DINER, INC. JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, this 12 7'?_ day of 2009, comes the Plaintiff, Chad P. Baker, by and through its undersigned attorney, Joseph L. Hitchings, Esquire and avers in support of his Complaint against Defendants, 1800 High Street Corporation and Carlisle Diner Inc., as follows: 1. Plaintiff, Chad P. Baker, is an adult individual residing at 444 Adams Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, 1800 High Street Corporation, is a corporation, duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a registered office address of 34 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Carlisle Diner, Inc., is a corporation, duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a registered office address of 800 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. It is believed and therefore averred that Defendant 1800 High Street Corporation owns the real property and building located at 800 West High Street, Carlisle, Cumberland County, Pennsylvania, 17013, which houses a diner restaurant trading as Carlisle Diner 5. It is believed and therefore averred that Defendant Carlisle Diner, Inc., owns and operates the diner restaurant known as Carlisle Diner, located at 800 West High Street, Cumberland County, Pennsylvania 17013. 6. On November 23, 2006, at approximately 1:50 a.m. Plaintiff and a group of friends arrived at the Carlisle Diner to order breakfast. 7. While entering the diner on November 23, 2006, Plaintiff encountered his future mother and father-in-law, Mr. & Mrs. James Gross, who were leaving the diner. 8. Plaintiff announced to his friends that he was going to use the diner's restroom and proceeded toward the restroom. 9. While making his way to the restroom, Plaintiff saw two friends of his, Nathan Lebo and his girlfriend, Natalie, to whom he said hello. 10. The floor area leading up to the men's restroom in the Carlisle Diner is covered in carpeting; however the floor transitions to tile once inside the men's restroom. 11. When Plaintiff reached the men's restroom, he pushed the door open, and stepped on the tile restroom floor which was flooded with standing water, and immediately lost his footing and fell face first onto the tile floor. 12. Plaintiff recalls immediately feeling his face throbbing and when he tried to get up, his pants, shirt, hands, face and boots were soaked with water. 13. Plaintiff left the restroom and started walking back out to his friends, when they came up to him to ask if he was ok. Plaintiff was made to sit down and spoke with a waitress named Ruth, who took information from him and advised this would be reported to the diner's insurance company. 14. Prior to Plaintiff entering the men's restroom, other patrons of the diner reported the flooding problem to diner management and/or employees who advised the situation would be taken care of. 15. After Plaintiff's fall, a diner employee placed a brown sign, believed to be either a warning or closed sign, on the men's restroom door. 16. After sitting for approximately ten minutes, Plaintiff's friends drove him to the emergency room at the Carlisle Hospital. 17. While at the hospital, Plaintiff was x-rayed and two CT scans were run on his head and face. Plaintiff was diagnosed with multiple facial fractures, including a fracture of the lateral wall of the maxillary sinus, left orbital bone, left zygomatic arch, and a nondisplaced nasal bone fracture. He was also diagnosed with an acute cerebral concussion and double vision. 18. Plaintiff subsequently sought treatment from his family doctor, William Phelan, M.D., who examined the Plaintiff and referred him to an oral surgeon and optometrist. COUNTI Plaintiff v. Defendant, 1800 High Street Corporation 19. The averments of paragraphs 1 through 18 hereof are incorporated by reference as if the same were more fully set forth at length herein. 20. At all times material hereto, Defendant, 1800 High Street Corporation owned the building where the Carlisle Diner was located. 21. Defendant, 1800 High Street was negligent in the following ways: a) Failing to provide a safe environment for patrons of the diner; b) Failing to warn of existing flooding in the restroom; c) Failing to take remedial measures to repair or otherwise reduce the risk of injury to patrons of the diner as a result of the flooding in the restroom; d) Failing to insure that it's tenant provide a safe environment for patrons of the diner; e) Failing to insure that it's tenant warned patrons of the diner of existing flooding in the restroom; f) Failing to insure that it's tenant repaired or otherwise reduced the risk of injury to patrons of the diner as a result of the flooding in the restroom; 22. As a direct and approximate result of the careless and negligent conduct of Defendant, Plaintiff sustained the following injuries and/or aggravations of pre-existing conditions, some are all of which may be permanent: a) fracture of the lateral wall of the maxillary sinus; b) fracture of the left orbital bone; c) fracture of the left zygomatic arch; d) fracture of the nasal bone; e) acute cerebral concussion; f) headaches; g) teeth pain and gum numbness; and h) vision difficulties. 23. As a direct and approximate result of the careless and negligent conduct of the Defendant, and the injuries suffered in the accident, the Plaintiff was unable to work for a period of time resulting in the loss of wages. 24. As a result of the accident and injuries sustained therein, Plaintiff has suffered serious and permanent injury, which required medical treatment, for which he has incurred medical bills and expenses and may require further medical treatment in the future. 25. As a result of the fall and injuries sustained therein, Plaintiff has suffered an interruption of his daily habits and pursuits to his detriment and loss. 26. All injuries and damages as set forth herein, suffered by Plaintiff, Chad P. Baker, were proximately caused by the negligence of the Defendant. WHEREFORE, Plaintiff, Chad P. Baker, demands judgment against the Defendant, 1800 High Street Corporation, in an amount in excess of fifty thousand ($50,000.00) dollars, plus costs, interest, and delay damages, if applicable. COUNT II Plaintiff v Defendant Carlisle Diner, Inc. 27. Paragraphs 1 through 26 hereof are incorporated by referenced as if the same were more fully set forth at length herein. 28. It is believed and therefore averred that at all times material hereto, Defendant, Carlisle Diner, Inc., owned and operated the restaurant known as Carlisle Diner located at 800 West High Street, Cumberland County, Pennsylvania 17013. 29. On November 23, 2006 at 1:50 a.m., Carlisle Diner was open for business and was serving restaurant patrons. 30. On November 23, 2006, management and employees of Carlisle Diner Inc., were aware that a toilet in the men's restroom had overflowed, causing water to flood the floor of the restroom, resulting in a dangerous condition in the restroom. 31. The management and/or employees of Carlisle Diner attempted to fix the flooding problem, however their attempts were unsuccessful as standing water was on the restroom floor when Plaintiff entered the men's restroom. 32. Despite their knowledge of the flooding problem, management and employees of Carlisle Diner, failed to close the men's restroom or warn patrons of the flooding problem. 33. Defendant, Carlisle Diner, Inc., was negligent in the following ways: a) Failing to provide a safe environment for patrons of the diner; b) Failing to warn of existing flooding in the restroom; c) Failing to take remedial measures to repair or otherwise reduce the risk of injury to patrons of the diner as a result of the flooding in the restroom; d) Failing to close the men's restroom as a result of existing flooding in the restroom; f) Allowing a dangerous condition to exist in the men's restroom; 34. As a direct and approximate result of the careless and negligent conduct of Defendant, Plaintiff sustained the following injuries and/or aggravations of pre-existing conditions, some are all of which may be permanent: a) fracture of the lateral wall of the maxillary sinus; b) fracture of the left orbital bone; c) fracture of the left zygomatic arch; d) fracture of the nasal bone; e) acute cerebral concussion; f) headaches; g) teeth pain and gum numbness; and h) vision difficulties. 35. As a direct and approximate result of the careless and negligent conduct of the Defendant, and the injuries suffered in the accident, the Plaintiff was unable to work for a period of time resulting in the loss of wages. 36. As a result of the accident and injuries sustained therein, Plaintiff has suffered serious and permanent injury, which required medical treatment, for which he has incurred medical bills and expenses and may require further medical treatment in the future. 37. As a result of the fall and injuries sustained therein, Plaintiff has suffered an interruption of his daily habits and pursuits to his detriment and loss. 38. All injuries and damages as set forth herein, suffered by Plaintiff, Chad P. Baker, were proximately caused by the negligence of the Defendant. WHEREFORE, Plaintiff, Chad P. Baker, demands judgment against the Defendant, Carlisle Diner, Inc., in an amount in excess of fifty thousand ($50,000.00) dollars, plus costs, interest, and delay damages, if applicable. Respectfully submitted, Law Office of Joseph L. Hitchings r se h L. Hit 1 gs, quire Attorney I.D. No 65551 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 717-458-8123 717-790-6019 Fax Attorney for Plaintiff VERIFICATION I, Chad P. Baker, verify that the statements made in this Complaint are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 5-1-SIO Date I?J a. &/--- Ch'a'-d P. Baker Fit. ;ARY Of" ?1'- I ' '' ;'Q7 2C64 MAY 13 Pik 2: 1d 4 C3 li i ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717) 975-8114 Direct Dial: ( 717) 760-7502 Fax: [7171975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. '01 DOCKET NO. 08-f4 Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Chad P. Baker, c/o Joseph L. Hitchings, Esquire Law Office of Joseph L. Hitchings 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC., within twenty (20) days from service hereof, or a default judgment may be entered against you. By: 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendants, 1800 High Street Corporation, and Carlisle Diner, Inc. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendant: 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. A DOCKET NO. 08-° Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED DEFENDANT'S 1800 HIGH STREET CORPORATION & CARLISLE DINER INC.'s ANSWER WITH NEW MATTER TO PLAINTIFFS COMPLAINT AND NOW, comes Defendants,1800 High Street Corporation, Carlisle Diner, Inc., (hereinafter collectively referred to as "Carlisle Diner"), by and through their counsel, to answer the Complaint of Plaintiff, Chad P. Baker, ("Plaintiff'), and in support thereof avers the following: 1. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, denied. 2-3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. -2- 7. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 8. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 9. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 10. Admitted. 11. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 12. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 13. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 14. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. - 3 - 15. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 16. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 17. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. 18. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore denied. COUNTI Plaintiff v. Defendant 1800 High Street Corporation 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in full. 20. Admitted. 21. (a)-(f) Denied. The averments of this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of -4- this paragraph, and they are therefore Denied with strict proof thereof demanded. 22. (a)-(h) Denied. The averments of this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 23. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 24. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 25. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 26. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. WHEREFORE, Defendant 1800 High Street Corporation demands judgment in their favor and against Plaintiff, Chad P. Baker, with costs of suit assessed to Plaintiff Chad P. Baker. -5- COUNT II Plaintiff v. Defendant Carlisle Diner. Inc. 27. Paragraphs 1 through 26 are incorporated herein by reference as if set forth in full. 28. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 29. Admitted. 30. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 31. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 32. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 33. (a)-(f) Denied. The averments of this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Carlisle Diner is without -6- knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 34. (a)-(h) Denied. The averments of this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, after reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 35. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 36. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 37. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. 38. Denied. After reasonable investigation, Carlisle Diner is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are therefore Denied with strict proof thereof demanded. WHEREFORE, Defendant Carlisle Diner, Inc., demands judgment in their -7- favor and against Plaintiff, Chad P. Baker, with costs of suit assessed to Plaintiff Chad P. Baker. NEW MATTER By way of further answer, Defendants aver the following New Matter: 39. Defendants did not have any notice, either actual or constructive, of any allegedly defective condition on its premises. 40. If it is determined that Defendant is liable on plaintiffs' cause of action, Defendant avers that any recovery should be eliminated and/or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. Section 7102. 41. It is further averred that if plaintiff suffered any injuries or damages, as alleged, that they were caused solely and primarily by the plaintiffs own carelessness, recklessness and negligence. 42. It is further averred that if plaintiff suffered any injuries or damages, as alleged, that they were caused solely and primarily by the carelessness, recklessness and negligence of third parties over whom answering defendant had no control, right of control or duty to control. 43. Pursuant to Rule 2252(d), it is further averred that parties other than Defendants are solely liable to the plaintiff or jointly and severally liable or liable -8- over to Defendant on the cause of action. 44. Plaintiffs' complaint fails to state a claim upon which relief can be granted. 45. The incident described in plaintiffs' complaint was not caused by the negligence of Defendant. 46. No causation exists between any alleged act or omission of Defendant and the alleged injuries and/or damages incurred by plaintiffs. 47. Other individuals or entities over whom Defendant had no control are causally negligent. 48. Some or all of the damages claimed by plaintiff are not recoverable under the applicable laws. 49. Any acts and/or omissions of Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident or alleged damages. 50. Defendants deny that they were negligent in any manner whatsoever. Should it be determined to the contrary, then the negligence of the plaintiff, or others, was comparatively greater than that of the Defendants causing the claims brought against Defendant to be reduced pursuant to the Pennsylvania Comparative Negligence Act. -9- 51. Plaintiff's accident was caused by plaintiff's failure to observe the conditions that were existing around him, and failure to take precautions for his own safety. 52. Plaintiff's accident was caused by his failure to observe an open and obvious condition. 53. Defendants reserve their right, upon completion of its investigation and discovery, to file additional defenses, counterclaims, as may be appropriate. WHEREFORE, defendants, 1800 High Street Corporation and Carlisle Diner, Inc., demand judgment in their favor and against plaintiff. Date: ??09 By: Pa Supre>V Court I.D. No. 47243 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 Attorney for Defendants, 1800 High Street Corporation, and Carlisle Diner, Inc. -10- 06/12/2009 10:14 FAX 7179759124 MARGOLIS EDELSTEIN 16022/022 VERIFICATION LEMuS I, SUE ?; have read the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC., TO PLAINTIFFS' COMPLAINT, which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. Date., (( Sue- Eemus CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the _PA day ofu 2009, and addressed as follows: Joseph L. Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARGOLIS EDELSTEIN By; 'L ar? Kellie Ann Nelson, Pa alegal OF ?H FF •i)TARY 2GH3 JU'tf 18 P¢" 1: ? 6 ` ,r,. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com F!!. f D 10!? Fj?R +: --- cum P ?y 1,? for Defendant: 1800 I CORPORATION, CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. DOCKET NO. 08-6924 Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED DEFENDANTS, 1800 HIGH STREET CORPORATION AND CARLISLE DINER, INC.'S MOTION TO COMPEL DISCOVERY AND NOW, come Defendants, 1800 High Street Corporation and Carlisle Diner, Inc. ("Moving Defendants"), by and through their counsel, Margolis Edelstein, to move to compel discovery and in support thereof, avers the following: 1. Plaintiff, Chad Baker ("Plaintiff"), commenced this slip-and-fall action by Summons followed by a Complaint filed with this Honorable Court on or about May 13, 2009. 2. On or about October 28, 2009, Moving Defendants served Plaintiff with Interrogatories and Request for Production of Documents. True and correct copies of these discovery requests are attached hereto as Exhibits "A" and "B," respectively. 3. By letter dated October 28, 2009, counsel for Plaintiff was entreated to call with any questions regarding the discovery propounded. 4. No response to counsel's enclosure letter regarding the outstanding discovery or the discovery itself has been made. A true and correct copy of the October 28, 2009, correspondence is attached hereto as Exhibit "C." 5. The Pennsylvania Rules of Civil Procedure require that answers and objections be served within 30 days of service. To date, more than six months have passed since the service of the subject discovery. Accordingly, Moving Defendants move to compel full and complete answers without objection to the outstanding discovery within twenty (20) days of the date hereof or, upon appropriate Motion, suffer sanctions as deemed appropriate by this Honorable Court. WHEREFORE, Defendants, 1800 High Street Corporation and Carlisle Diner, Inc., request this Honorable Court for an Order compelling Plaintiff to file full and complete answers to the outstanding discovery without objection within twenty (20) days of the date of the Court's Order or, upon appropriate Motion of Defendants, suffer sanctions as deemed appropriate by this Honorable Court. Date: /W/A0 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717)760-7502 Fax: (717) 975-8124 Email: rkroll@margolisedelstein.com -2- 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC. ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: ( 717) 760-7502 Fax: [717] 975-8124 E-Mail: rkroll@margolisedelstein.com Attorney for Defendants: 1800 HIGH STREET CORPORATION, and CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. ???,4? DOCKET NO. 08: Civil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. : JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS. 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC.. PROPOUNDED UPON PLAINTIFF TO: Chad P. Baker c/o Joseph Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rule of Civil Procedure No. 4005 to serve upon the undersigned within thirty (30) days from service hereof your answers in writing and under oath to the following Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answers to said Interrogatories and the time of the trial of this case, you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to the undersigned by supplemen Attorney I.D. No. 47243 3 510 Trindle Road Camp Hill, PA 17110 (717) 760-7502 Attorney for Defendants, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC. -2- DEFINITIONS As used in these Interrogatories, the words and terms set forth below shall be defined as follows: (a) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or entity. (b) "Identify" or "identity" when referring to an individual means to state his/her: (1) full name; (2) social security number; (3) present address; (4) present home telephone number; (5) present business address; and, (6) present business telephone number. (c) "Identify" or "identity" when referring to a document means to: (1) State the type of document (e.g. record, report, letter, memoranda, telegram, chart, photograph), its date, its title (if any), its identifying number, a generalized summary of the subject matter of the contents of the document, and its present location; and, (2) Identify each person who prepared it, each person for whom it was prepared, each person to whom it was sent, and each person who presently has custody of the original or copies thereof. (d) "Identify" or "identity" when referring to a claim, action or other legal proceeding, means to set forth the name of the court or other tribunal involved with the legal proceeding, the date on which the legal proceeding was commenced and the docket - iii - number or other index number assigned by the tribunal to identify the legal proceeding. (e) "Describe", "specify", and/or "state" shall mean to set forth fully and unambiguously, using professional words of art if necessary, each and every fact relevant to the matter requested by the Interrogatory. (f) "Document" includes any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writing, including copies of any of the foregoing presently or previously in your possession, custody or control. (g) "Statement" includes any written statement signed or otherwise adopted or approved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (h) "Accident" means, unless otherwise indicated, the accident that allegedly occurred as more specifically described in your Complaint in this action. iv - 1. Identify yourself and state your date and place of birth, your marital status at the time of the accident which forms the basis of this action, your Social Security number, your Medicare and/or Medicaid number, your Blue Cross and Blue Shield and any other health insurance group and agreement numbers and, if you served in the Armed Forces, state the dates of service, the branch of service, your rank at discharge, whether you have any claim or are receiving benefits for any infirmities from said services, your Identification service number and your Veterans "C" number. ANSWER: - 1 - 2. If you suffered or were examined for any injury, illness, disease or abnormality within the twenty (20) years prior to the incident upon which this action is based, specify the nature of each such injury, illness, disease or abnormality, state when, where and how each such injury, illness, disease or abnormality was sustained, state the names and addresses of all medical personnel and medical care facilities having any connection with the treatment of such injury, illness, disease or abnormality, state the nature of each such treatment and state the dates upon which such treatment was rendered. ANSWER: -2- 3. If you suffered or were examined for any injury, illness, disease or abnormality of any kind at any time prior to the incident upon which this action is based involving any part or function of the body claimed to have been injured in the accident which constitutes the basis of this action, specify the nature of each such injury, illness, disease or abnormality, state the names and addresses of all medical personnel and all medical facilities in any way connected with the treatment of each such injury, illness, disease or abnormality, state the nature of such treatment and state the dates upon which such treatment was rendered. ANSWER: - 3 - 4. If you have ever asserted a claim or filed a suit for any purpose, including without limitation a claim for personal injury, property damage, disability, workers' compensation or occupational disease to obtain benefits, identify the claim or suit, state the nature of the injuries alleged in each such suit, state the period during which you were disabled, and, if said suit has been terminated, state the results of the trial or settlement, including the amounts of each recovery or settlement, if any. ANSWER: -4- 5. State the name and address of your family physician at the time of the incident upon which this action is based, the approximate number of visits made in the year preceding said incident and the reason for each such visit. ANSWER: -5- 6. State in detail what injuries you claim you sustained as a result of the incident upon which this action is based, the dates you were confined to bed by said injuries, the dates you recovered from each particular injury; and, if you are not fully recovered, describe in what respect you'are still affected by said injuries. ANSWER: -6- 7. If you claim a permanent injury resulting from the incident upon which this action is based, describe such injury fully and in detail, the treatment you have received and the treatment you are currently receiving for such residual injury or disability, identify all medical personnel presently involved in your treatment, state where such treatment is being rendered, describe the nature of the treatment and state how frequently such treatments are given. ANSWER: -7- 8. State the names and addresses of all medical facilities in which you have been confined or through which you have received outpatient treatment as a result of your injuries, state the dates of each such confinement or treatment, describe the general nature of the treatment received, state the charges for the same, and state the amount that has been paid. ANSWER: -8- 9. State the names and addresses of all medical personnel who have rendered treatment or service to you because of the injuries referred to in your answers to Interrogatories 6 and 7, the dates of such treatment or service, where such treatment or service was rendered, the charges for each treatment or service, and the amount that has been paid as to each. ANSWER: -9- 10. Identify all medical personnel who were consulted by you in connection with the incident upon which this action is based or the injuries you claim to have resulted from said incident; and state when, where and for what purpose each such person was consulted. ANSWER: -10- 11. State your contentions as to the liability of Defendant as well as the specific facts known to you upon which you base each claim alleged in this action. ANSWER: - 11 - 12. If you have received any medical, hospital or x-ray reports from any medical facility or medical personnel concerning the injuries alleged to have been caused by the incident upon which this action is based, identify such reports, state where and when each report was received, identify the person who has custody or possession of each report or any copy thereof, and state whether each report was written or oral. ANSWER: -12- 13. If you have obtained from any person either (1) an oral statement or (2) a written statement within the scope of Pa. R.C.P. No. 4003.4 concerning this action or its subject matter, or if you have given any such statements to anyone, identify the person giving the statement, state whether it was written or oral, identify the person to whom it was given, state the date it was given, describe the substance of the facts contained in the statement, and if the statement was written, identify the person who has custody or control of the statement. ANSWER: -13- 14. If the injuries you allege in this action were caused in whole or in part by sickness, disease, abnormality or injury other than the injuries you claim resulted from the incident upon which this action is based, specify the nature of each such sickness, disease, abnormality or injury, state how each affected you, state whether there are any medical, x-ray, hospital or other reports which indicate the nature of each such sickness, disease, abnormality or injury and how each affected you and, if so, state where and when each such report was made, identify the person who made each such report, identify each person who has custody or possession of each such report and state whether you have been furnished with any such information in any way other than by the documents referred to in your answers to this Interrogatory and, if so, state how, when, where and by whom. ANSWER: -14- 15. Identify any and all fact witnesses who have any knowledge pertaining to the issues involved in this case, as well as any and all potential witnesses or individuals whom you may call at trial and who have not heretofore been identified, and state the substance of the facts to which each such witness has knowledge. ANSWER: -15- 16. Specify the damages you claim in this action by itemizing, if applicable, lost earnings, loss of earning capacity, all medical expenses, expenses incurred for rehabilitation and custodial care, future losses, any other special damages, interest, and attorney's fees. ANSWER: -16- 17. If you claim that you were unable to work as a result of the incident upon which this action is based, specify the dates you were unable to work and the reasons you were unable to work; and if you allege that you have not been able to perform your work satisfactorily as a result of the incident, specify what duties you are unable to perform, state the manner in which you are prevented from performing those duties, including all persons having knowledge of such facts, including your supervisors or employers at the time of such incapacities. ANSWER: -17- 18. Identify any insurance company, association, exchange or benefit society or groups which have paid any health, sickness, accident, medical disability or life insurance benefits arising out of the incident which forms the basis of this action; specify the amount and dates of such payments and specify the nature and extent of any subrogation interest claimed or asserted. ANSWER: -18- 19. If your claim in this action is based in whole or in part upon expert opinion, identify each expert you expect to call at trial, state his profession or occupation, state the subject matter upon which the expert will testify, state the substance of the facts and opinions to which the expert will testify, and summarize the grounds for each opinion. ANSWER: -19- 20. For each expert identified in your answer to the preceding Interrogatory, state the expert's age, present professional affiliations and employment, educational background, and the titles and dates of publication of any article, text, part of a text, treatise, paper or speech authored by the expert or to which the expert contributed. ANSWER: -20- 21. For each expert identified in your answer to Interrogatory No. 19, state the author, title, date and publisher of any article, test, part of a text, treatise, paper, speech, or any other source of medical information upon which the expert will rely in rendering his opinion. ANSWER: TEIN By: ,golf E. Kroll, Esquire PA. I.D. No. 47243 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 Attorney for Defendants, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC. -21- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Interrogatories upon all counsel and parties of record this day of October 28, 2009, by United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 ZGOLIS EDELST IN B . _ ? - Kristine Adkins, Paralegal ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717) 975-8114 Direct Dial: (717) 760-7502 Fax: [717) 975-8124 E-Mail: rkroll@margolisedelstein.com Attorneys for Defendants: 1800 HIGH STREET CORPORATION, and CARLISLE DINER, INC. CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS V. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. DOCKET NO. 08-6Svil Term JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS, 1800 HIGH STREET CORPORATION and CARLISLE DINER, INC.. PROPOUNDED UPON PLAINTIFF TO: Chad P. Baker c/o Joseph Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Pursuant to Pa. R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of Margolis Edelstein, 3510 Trindle Road, Camp Hill, Pennsylvania 17011, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pa. R.C.P. No. 4007.4. MARGOLIS Date: By: rR f E.,Frorl, Esquire, ttor y I.D. No. 47243 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7502 Attorney for Defendants, 1800 HIGH STREET CORP.CO. and CARLISLE DINER, INC. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. The entire contents of-any investigation file or files and any and all documents in Plaintiffs possession which support or relate to all allegations of Plaintiffs Complaint (excluding the mental impressions of Plaintiffs attorney or his conclusions, opinions, memoranda, notes of summaries, legal research or legal theories, and excluding the mental impressions, conclusions or opinions representing the value or merit of a claim or defense or respecting strategy or tactics of a representative of Plaintiff, other than its attorney). -2- 2. Any and all statements concerning this action or its subject matter made by a party or its agents, servants or employees, or by a witness, as defined by Pa. R.C.P. No. 4003.4. -3- 3. All photographs taken or diagrams prepared of the scene of the incident or any instrumentality involved therein. -4- 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. -5- 5. Reports of any and all experts who will testify at trial. -6- The curriculum vitae of each and every expert that will be called to testify at trial. -7- 7. Any and all medical records, autopsy reports, physicians' reports and bills, hospital records or abstracts of same which relate in any way to: (a) the injuries allegedly sustained by Plaintiff in the accident which is the subject of this action; (b) any similar injuries sustained by Plaintiff prior to or subsequent to said accident. -8- 8. All documents identified, described, specified or referenced in Plaintiffs responses to Defendant's Interrogatories (First Set) served upon Plaintiff simultaneously with this Request for Production of Documents. -9- 10. All documents Plaintiff plans to use, rely upon and/or introduce into evidence at trial. Date: B ?/? olf oll, Esquire, Attorney I.D. No. 47243 3510 Trindle Road Camp Hill, PA 17110 (717) 760-7502 -10- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Request for Production of Documents upon all counsel and parties of record this Z ``may of October, 2009, by placing the same in the United States First Class Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Joseph Hitchings, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARGOLIS EDELSTEIN By: Kristine Adkins, Paralegal I ATTORNEYS AT LAW www.margoll3odaistein.com HARRISBURG OFFICE:" 3510 TRINDLE ROAD CAMP HILL, PA 17011 717-97s-8114 FAx 717-97S-8124 PHILADELPHIA OFFICE:' THE CURTIS CENTER 170 S. INDEPENDENCE MALL W. SUITE 400E PHILADELPHIA, PA 19106-3337 215-922-1100 PITTSBURGH OFFICE: 525 WILLIAM PENN PLACE SUITE 3300 PITTSBURGH, PA 15219 412-281-4256 WESTERN PENNSYLVANIA OFFICE: 983 THIRD STREET BEAVER, PA 15009 724-774.6000 SCRANTON OFFICE 220 PENN AVENUE SUITE 305 SCRANTON, PA 18503 570-342-4231 CENTRAL PENNSYLVANIA OFFICE: P.O. Box 628 HOLLIOAYSEURG, PA 16648 814-695-5064 SOUTH NEW JERSEY OFFICE:' 100 CENTURY PARKWAY SUITE 200 MOUNT LAUREL, NJ 08054 856-727-6000 NORTH NEW JERSEY OFFICE CONNELL CORPORATE CENTER THREE HUNDRED CONNELL DRIVE SUITE 6200 BERKELEY HEIGHTS, NJ 07922 908-790-1401 DELAWARE OFFICE: 750 SHIPYARD DRIVE SUITE 102 WILMINGTON, DE 19801 302-888-1112 October 28, 2009 Joseph L. Hitchings, Esquire Law Office of Joseph L. Hitchings 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Re: Baker v. Carlisle Diner, et al. No.:08-6924 Civil Term Our File No. 21150.4-00012 Dear Joseph: Rolf E. Kroll, Esquire Direct Dial: (717) 760-7502 rkroll@margolisedelstein.com Please find enclosed Defendant's First Set of Interrogatories and Request for Production of Documents with regard to the above-referenced matter. Should you have any questions, please do not hesitate to contact me. Enclosure ' MEMBER OF THE HARMONIE GROUP CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing MOTION TO COMPEL DISCOVERY on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the Dday of , 2010, and addressed as follows: Joseph L. Hitchings, Esquire Law Office of Joseph L. Hitchings 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 MARGOLIS EDELSTE ?_ - nn . Nelson, Secretary 0 J CHAD P. BAKER, Plaintiff, v. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC., Defendant. MAY 2 4 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAWS DOCKET NO. 084wivil Term JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2010, upon consideration of Defendants, 1800 High Street Corporation and Carlisle Diner, Inc.'s Motion to Compel Discovery, IT IS HEREBY ORDERED AND DECREED that said Motion is GRANTED, PeY&W, and that Plaintiff is required to f to the outstanding discovery within twenty (20) days of the date of this Order. eoFtFr ma([,ZcL 944, ? - kooLL s/Z s/16 =vq n C?J .J e ea7 A fr• ' ? •~r' ... . ' 3 4 4 1(!?r482P_ff ? o CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: CHAD P. BAKER - VS - 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. Court of Common Pleas -? ' Cumberland County No. 08-6929 -r; {r i -l As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROLF KROLL, 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: 7/22/2010 ALF R LL, ESQ RE 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 CHAD P. BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. 1800 HIGH STREET No. 08-6929 CORPORATION, CARLISLE DINER, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 ,rt MECHANICSBURG, PA 17055 Please take notice there has been a request by ROLF KROLL, 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 CHAD P. BAKER. 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 subpoenawill 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: July 1,'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 CHAD P. BAKER CCLR File NO. 10-4823T vs. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 7/1/2010 regarding record's in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES 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 on or prior to 7/22/2010. 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 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: yes / no yes / no yes / no Attorney for plaintiff(s) / defendant(s) JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 COUNTY OF CUMBERLAND CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER - MEDICAL RECORDS DEPT (Name of Person or Endty) 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 111112006-Present, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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 CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (Eff.7/97) File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL 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 111112006-Prosent, mri's, cat scans, x-rays, Including radiology reports, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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) CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COMMONWEALTH OF P COUNTY OF CUMBERLAND File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER - PATIENT BILLING 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 billing records from 1111120064Present, invoices, payments, receipts, pertaining to Chad P. Baker. 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: ROLF KROLL, 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) CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COMMONWEALTH OF P COUNTY OF CUMBERLAND File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR CURRIE & HECHT - ORAL & MAXILLOFACIAL, PC (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 111112006-Present, billing records and films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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) CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. DREW J. STOKEN, MD - MEDICAL RECORDS DEPT (Name of Person or Endty) 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 1111/2005-Present, billing records and films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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) CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COMMONWEALTH OF PENNSYL ANIA COUNTY OF CUMBERLAND File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR.. WILLIAM PHELAN - MEDICAL RECORDS DEPT (Name of Person or Eadty) 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 111112000-Present, billing records and films, reports, ofNce notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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 CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HEALTH AMERICA - 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 1112312006-Present, billing records and films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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 CHAD P" BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HELMSMAN MANAGMENT- 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, billing records and films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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: ROLF KROLL, 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 PENNSYL ANIA COUNTY OF CUMBERLAND CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: QUANTUM IMAGING & THERAPUTIC ASSOCIATES, INC - MEDICAL RECORDS DEPT (Name of Person or Eadty) 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 111112005-Present, billing records and films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Chad P. Baker. 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 ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF KROLL, 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) 10-5697T CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: CHAD P. BAKER - VS - 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. Court of Common Pleas Cumberland County No. 08-6929 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. CCLR on behalf of ROLF KROLL, 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: 9/2/2010 /~ "~RCJ~L, SQUIRE v ~ fn a F 4; t J~~ cn ; ; ~ ~ ~. c. -r, ~ ~ ~ ' ~ n "' Z L- j r n ~ G ~;? `~a Counsel for Defendant • Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CHAD P. BAKER IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY VS. 1800 HIGH STREET No. 08-6929 CORPORATION, CARLISLE DINER, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 Please take notice there has been a request by ROLF KROLL, 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 CHAD P. BAKER. 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: August 12, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ~' '` Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^._ ~! ' (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CHAD P. BAKER CCLR File NO. 10-5697T vs. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 8/12/2010 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) I 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 on or prior to 9/2/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before yeS / n0 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) JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. DANIEL RELY - APPALACHIN QRTHOPEDIC CENTER (NAme of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things ny an a me ica recor s rom - resen , ms, is o es, ques ionna res, in a e orms, progress notes, office notes, evaluations, assessments, medical / consultation reports, statements of diagnosis/prognosis, physical therapy records, memoranda, correspondence, pertaining to Chad Baker. 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: ROLF KROLL, 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 Prothonotary /Clerk, Civil Disposition Deputy BY THE COURT: (Eff.7/97) CbMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. DAVID C. BAKER- MEDICAL RECORDS DEPT (Name otPerson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things ny an a me tca recor s rom - resen , ~ ms, t s, is ones, ques ionnatres, to a e orms, progress notes, office notes, evaluations, assessments, medical / consultation reports, statements of diagnosis/prognosis, physical therapy rtscords, memoranda, pertaining to Chad Baker. 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 prepazing the copies or producing the things sought. If you fail to produce the documents or things required by -this subpoena within hventy (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: ROLF KROLL, 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 CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. File No. 08-6929 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. JOSEPH CAMPBELL -MEDICAL RECORDS DEPT ~ ' . (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things Any and all medical records from 1/112000-Present, Films, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical ! consultation reports, statements of diagnosislprognosis, physical therapy records, memoranda, correspondence, pertaining to Chad Baker. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) Yau may deliver or ma}1 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 ATTHE REQUEST OF THE FOLLOWING PERSON: NAME: ROLF KROL'L, ESQUIRE ADDRESS:°CENTER''CI'1'Y LEGAL REPRODUCTION,-INC. ~ ~ ~ ~ - 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 f TELEPHONE: 215-732-1177 SUPREME COURT.ID# • . _ . ,.j . ATTORNEY FOR:- DEFENDANT ~ - _ - - _ BY THE COURT: DATE:. - Seal of the Court Prothonotary/Clerk, Civil Disposition Deputy (Eff.7/97) 10-7227J CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas CHAD P. BAKER Cumberland County -VS 1800 HIGH STREET CORPORATION, No. 08-6924 CARLISLE DINER, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of ROLF KROLL, 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: 11/15/2010 F VESQ RE Counsel for Defendant Aft Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 •,__,!?r ,,¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com CHAD P. BAKER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. 1800 HIGH STREET No. 0e-6924 CORPORATION, CARLISLE DINER, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 Please take notice there has been a request by ROLF KROLL, 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 CHAD BAKER. 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: October 25, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page 91110111 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.cclrine.com CHAD P. BAKER CCLR File NO. 10-7227J vs. 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 10/2512010 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 on or prior to 11/15/2010. 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) JOSEPH HITCHINGS, ESQUIRE LAW OFFICES OF JOHN HITCHINGS 5000 RITTER ROAD SUITE 202 MECHANICSBURG, PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC File No. 08-6924 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. SANJIV NAIDU - HERSHEY MEDICAL CENTER (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 Arty and all medical records, billing records, films, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical / consultation reports, statements of diagnosis/prognosis, physicial therapy records, memoranda, etc., pertaining to Chad Baker. 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: ROLF KROLL, 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 CHAD P. BAKER VS 1800 HIGH STREET CORPORATION, CARLISLE DINER, INC File No. 08-6924 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. SANJIV NAIDU - HAND SURGERY & ORTHOPEDIC SURGERY (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, billing records, films, histories, questionnaires, intake forms, progress notes, office notes, evaluations, assessments, medical / consultation reports, statements of diagnosis/prognosis, physicial therapy records, memoranda, etc., pertaining to Chad Baker. 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: ROLF KROLL, 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) CHAD P. BAKER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAWS V. D8_0&19 DOCKET N¢ � 'Fivil Term 1800 HIGH STREET CORPORATION, CARLISLE DINER,INC., C-,. Defendant. : JURY TRIAL DEMANDED C= PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: --- ° Kindly mark the docket in the above-captioned action settled and discontinued with prejudice. LAW OFFICES OF JOSEPH L. HITCHINGS By)5000 oseph L. itchings, Esq ire D.# 65551 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Plaintiff