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HomeMy WebLinkAbout04-2218 IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiffs, CIVIL DIVISION NO: Oil -o~la vs. PETRO SHOPPING CENTERS, L.P., individually and t/d/b/a IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT Defendant CODE: PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION Filed on Behalf of Plaintiffs: Counsel of Record for this Party: JAMES VILLANOVA, ESQUIRE Pa. I.D. No. 19188 VILLANOVA LAW OFFICES, P.C 16 Chatham Square Pittsburgh, PA 15219 A JURY TRIAL I5 DEMANDED. (412) 471-1933 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiffs, CIVIL DIVISION NO: C~~l - o1e~~0 CODE: vs. PETRO SHOPPING CENTERS, L.P., individually and t/d/b/a IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT Defendants. PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION TO THE PROTHONOTARY: Kindly file a Writ of Summons in Civil Action in regards to the above- captioned case. Respectfully submitted, James Vill o a, Esquire Attorney r laintiff 1q 1~~ ~ ~ ~ ~ ~ ~ ~ '~ ,_ ~ , ; ~, -~ ~7 ~ - s- ~, ~ _` '-'~- ,. ~,_, _. ,, ,, ;. ~.:: Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS DUANE J. WADE Court of Common Pleas Plaintiff Vs. No. 04-2218 CIVIL TERM In CivilAction-Law PETRO SHOPPING CENTERS, L.P., INDIVIDUALLY AND T/D/B/A IRON SHILLET RESTAURANT AND IRON SHILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendant To PETRO SHOPPING CENTERS, L.P., INDIVIDUALLY AND T/D/B/A IRON SHILLET RESTAURANT AND IRON SKILLET RESTAURANT You are hereby notified that DUANE J. WADE, the Plaintiff has /have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment maybe entered against you. (SEAL) CURTIS R. LONG Prothonotary n yy~ Date MAY 17, 2004 ~$v D/lQq,,y _?"/ . O//C/!/~ Deputy L Attorney: Name: JAMES VILLANOVA, ESQUIRE Address: 16 CHATHAM SQUARE PITTSBURGH, PA 15219 Attorney For: Plaintiff Telephone: 412-471-1933 Supreme Court ID No. 19188 VILLANOVA LAW OFFICES, P.C. 16 Chatham Square Pittsburgh, PA 15219 James Villanova Michael E. Metro May 13, 2004 Prothonotary Cumberland County, Pennsylvania One Courthouse Square Carlisle, PA 17013 (412) 471-19,33 Fax No. (412) 471-2733 In re: Pzrsona[ Injury Clrrini of Duane Wade To Whom It May Concern: Enclosed please find two (2) originals and one photocopy of a Praecipe for Writ of Summons in Civil Action. We enclose a check in the amount of $55.50 for filing of this Writ, as well as a true and correct photocopy of this letter to be forwarded to the Sheriff of Cumberland County as service instructions in this matter. Please return a copy of the time-stamped Writ in the enclosed self-addressed, stamped envelope we have provided for your convenience. Please forward the original Writs to the Sheriff of Cumberland County for service on: Petro Shopping Centers, L.P.; individually and t/d/b/a Iron Skillet Restaurant 1201 Harrisburg Pike Carlisle, PA 17013 and Iron Skillet Restaurant 1201 Harrisburg Pike Carlisle, PA 17013 Also enclosed is a check in the amount of $100.00 representing payment of the cost of the Sheriff's services. If you have any questions or concerns, please feel flee to contact me. Sincerely, Michael E. Metro MEM/gm Enclosures SHERIFF'S RETURN - REGULAR CASE N0: 2004-02218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WADE DUANE J VS PETRO SHOPPING CENTERS ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PETRO SHOPPING CENTERS LP the DEFENDANT at 1445:00 HOURS, on the 19th day of May 2004 at 1201 HARRISBURG PIKE CARLISLE, PA 17013 by handing to RODNEY YOUNG, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this :Z Y ~-' day of o2.bU'f A.D. Q 7h.~ov,.., `~°~, Prothonotary So Answers: .~s~~~ R. Thomas Kline 05/20/2004 VILLANOVA LAW OF S By: Deputy he ff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WADE DUANE J VS PETRO SHOPPING CENTERS ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PETRO SHOPPING CENTERS TDBA IRON SKILLET RESTAURANT the DEFENDANT at 1445:00 HOURS, on the 19th day of May 2004 at 1201 HARRISBURG PIKE CARLISLE, PA 17013 by handing to RODNEY YOUNG, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this a y°~ day of ~, a-voy A.D. ~~~o~ ~~Prothonotary' So Answers: R. Thomas Kline 05/20/2004 VILLANOVA LAW OF By: ~~ deputy Sheri'~f SHERIFF'S RETURN - REGULAR CASE NO: 2004-02218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WADE DUANE J VS PETRO SHOPPING CENTERS ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon IRON SKILLET RESTAURANT the DEFENDANT at 1445:00 HOURS, on the 19th day of May 2004 at 1201 HARRISBURG PIKE CARLISLE, PA 17013 by handing to RODNEY YOUNG, MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ay'° day of rothonotary '~ So Answers: d ~~~r,~~ R. Thomas Kline 05/20/2004 VILLANOVA LAW OFFICES By ~ u~c'?~--'~ Deputy Sheriff DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO SHOPPING CENTERS, L.P., Individually and T/D/B/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants NO.04 -2218- CIVIL TERM CIVIL ACTION -LAW ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne & Rettig, P.C., on behalf of Defendant PETRO Stopping Centers, L.P., erroneously referred to as PETRO Shopping Centers, L.P. in regazd to the above-captioned action. Date: ~~ b "~ Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. ~ffiey B. Rettig, Ey(ju~re upreme Ct. LD. #~1g~16 16-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this d.ay serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Squaze Pittsburgh, PA 15219 (Attorney for Plaintiff HARTMAN, OSBORNE & RETTIG, P.C. Date: ~ ~ L e:y B. Rettig, Esquire preme Ct. I.D. #19616 26-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Attorneys for Defendant N ~ o C° '~ ~.a cry ca 'Tl --~ T_ ~ mm =° a n .~ j <<~ ?.. ;;fir :Y :< DUANE J. WADE Plaintiff v. PETRO SHOPPING CENTERS, L.P., Individually and T/DB/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBE'sRLAND COUNTY, PENNSYLVANIA NO.2004-2218-Civil Term CNIL ACTION -LAW NRY TRIAL DEMANDED TO: PROTHONOTARY Kindly issue a Rule on Plaintiff to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa.R.C.P. 1037(a). HARTMAN, OSBORNE & RETTIG, P.C. Date: ~ b a J ffiey B. Rettig, Esquir~ ounsel for Defendant PE'CRO Stopping Centers, L.P. RULE TO FILE COMPLAI:IVT NOW, ~, 2004, RULE ISSUED A.S ABOVE ~~ 1` . Prothonotary ~j~ Deputy N t~ f Cil s. _-1 <. ~ ' ,iir ~ei i~~ .n ~ t ; ~. ~ _y '( -~ ' i~= N _.a .. -i. ,. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiffs, CIVIL DIVISION NO: 04-2218 CIVIL TERM CODE: vs. PETRO SHOPPING CENTERS, L.P., individually and t/d/b/a IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT PRAE(:IPE TO AMEND CASE CAPTION Filed on Behalf of Plaintiffs: Defendant A JURY TRIAL IS DEMANDED Counsel. of Record for this Party: JAMES A. VILLANOVA, ESQUIRE PA I.D. # 19188, WV I.D. # 7120 MICHAEL E. METRO, ESQUIRE PA I.D. # 62185, WV I.D. # 9590 VILLANNOVA LAW OFFICES, P.C. 16 Chatl'7am Squaze Pittsburgh, PA 15219 (412) 47'1-1933 (412) 47'1-2733 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE CIVIL DIVISION Plaintiffs, NO: 04-2218 CIVIL TERM CODE: vs. PETRO SHOPPING CENTERS, L.P., individually and t/d/b/a IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT Defendants. PRAECIPE TO AMEND CASE CAPTION AND NOW COMES the Plaintiff, Duane J. Wade, b;y and through his attorneys Villanova Law Offices P.C. and James A. Villanova, Esquirf; and does hereby file the within Praecipe to Amend Caption. This case was originally filed by Writ of Summons on May 17, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. The original Writ of Summons named the De1.'endants Petro Shopping Centers, L.P., individually and t/d/b/a Iron Skillet Restaurant and Iron Skillet Restaurant. 3. The Defendants' correct name is Petro Stoppling Centers, L.P., individually and bd/b/a Iron Skillet Restaurant and Iron Skillet. WHEREFORE, Plaintiff hereby requests this Honorable Court to Amend the case caption to reflect the correct name of Defendants to read as ]?etro Stopping Centers, L.P., individually and bd/b/a/ Iron Skillet Restaurant and Iron Skillet Villanova Law Offices, P.C., C ~ James ~ Villanova,•Esquire WV I o.: 7120, PA ID No. 19188 Michael. E. Metro, Esquire WV ID No. 9590, PA I.D. No. 62185 Attorney for Plainfiffs 16 Chatham Squaze Pittsburgh, PA 15219 412/471-1933 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANEJ.WADE CIVIL DIVISION Plaintiffs, NO: 04-2218 CIVIL TERM CODE: vs. PETRO SHOPPING CENTERS, L.P., individually and Ud/b/a IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT Defendants. ORDER OF COURT AND NOW To-wit this day of 2004, upon consideration, it is hereby ORDEREED, ADJUDGED and DECREED that the Caption of the within case shall be amended to reflect Defendants' correct name of Petro Stopping Centers, L.P., individually and Ud/b/a Iron Skillet Restaurant and Iron Skillet Restaurant. BY THB COURT CERTIFICATE OF SERVICE I, James A. Villanova, hereby certify that the within document, Motion to Amend Case Caption, was served upon the following via U.S. First Class Mail, postage prepaid, this ~~ day of /~~s1 , 2004. Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C;. 126-128 Walnut Street Harrisburg, PA 17101 Villanova Law Offices, P.C., ~L~ James illanova, Esquire WV I .: 7120, PA ID No. 19188 Micha .Metro, Esquire WV ID No. 9590, PA I.D. No. 62185 Attorney for Plaintiffs 16 Chatham Square Pittsburgh, PA 15219 412/471-1933 ~-~~ nn i., ,_.. ~'-. 'i:-~.. fii ,] Ci 1 _ i ~. , r~ rte, ~~,a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, vs. PETRO STOPPING CENTERS, L.P. individually and t/d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, CIVIL DIVISION CASE NO: 04-2218 COD1E: COMPLAINT IN CIVIL ACTION Defendants. A JURY TRIAL IS DEMANDED Filed on Behalf of Plaintiff: Counsel of Record for this Party: JAMES A. VILLANOVA, ESQUIRE PA IL) # 19188, WV ID # 7120 MICFIAEL E. METRO, ESQUIRE PA ID # 62185, WV ID # 9590 VILL.ANOVA LAW OFFICES, P.C. 16 Chatham Square Pittsburgh, PA 15219 (412)471-1933 (4i2} 471-2733 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, CIVIL DIVISION CASE NO: 04-2218 CODE: vs. PETRO STOPPING CENTERS, L.P. individually and t/d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, 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 (2'.0) days after this complaint and notice aze 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 v~ithout you and a judgment may be entered against you by the court without further notice; for any money claimed in the complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOLrR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW T'O FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 170x3 TELEPHONE: (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, CIVIL DIVISION CASE NO: 04-2218 CODE: vs. PETRO STOPPING CENTERS, L.P. individually and t1d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, Defendants. COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff Duane J. Wade by and through his counsel, Villanova Law Offices, P.C. and James A. Villanova, Esquire, and does hereby file the within Complaint in Civil Action setting forth as follows: The Plaintiff, Duane J. Wade is an adult individual currently residing at P.O. Box 104, Proctor, West Virginia 26055. Defendant, Petro Stopping Centers, L.P., individually and Ud/b/a Iron Skillet Restaurant, is a corporation licensed to do business in the Commonwealth of Pennsylvania and having an address at 1201 Harrisburg Pike, Cazlisle, Cumberland County, Pennsylvania 17013. Defendant, Iron Skillet Restaurant, is a business licensed to do business in the Commonwealth of Pennsylvania with a place of business located at 1201 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendants, each and every one, at the: time of the event set forth in this Complaint, were in possession and control of the premises located at 1201 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 which they had a duty to inspect, maintain, repair and properly designate v/ith signage. 5. The Defendants, each and every one, aze jointly and severely liable and responsible for the unfortunate events and defects described herein and all the Plaintiff's injuries and acted individually and at all relevant times. 6. The events upon which this Complaint are based occurred on or about August 10, 2002 at approximately 12:00 m., on the surface of the gasoline service station located on the premises of Defendant, Petro Stopping Centers, L.P., individually and t/d/b/a Iron Skillet Restaurant and/or Iron Skillet Restaurant at the above-mentioned location. At said time and place, the Plaintiff, Duane J. Wade, was caused to fall down and although ambulating in an altogether reasonable, cazeful and prudent manner, was thrown to the surface of the aforesaid service station. 8. On and prior to this date, there existed on the surface of the aforesaid service station on Defendants' premises, dangerous, unsafe and hazardous conditions created by water and liquid petroleum product accumulation on said surface and other items set forth below. COUNT 1-NEGLIGENCE DUANE J. WADE vs. PETRO STOPPING CENTERS, L.P., individually and t/d/b/a IRON SHILLE7' RESTAURANT 9. Pazagraphs 1 through 8 are incorporated herein by reference thereto. 10. The serious injuries sustained by the Plaintiff, Duane J. Wade, were directly and proximately caused by the negligence of the Defendant, Petro Stopping Centers, L.P., individually and t/d/b/a Iron Skillet Restaurant, in general and in the following particulars: a. In causing and permitting the dangerous, unsafe and hazazdous conditions, namely water and petroleum products to accumulate on the surface of the premises of Defendant's gasoline service station; b. In failing to cordon off or otherwise block access to the part of the Defendant's gasoline service station where the dangerous conditions, namely water and petroleum product accumulation existed; c. In failing to adequately clean and remove the water and petroleum product accumulation from the surface of the premises of Defendant's gasoline service station as to prevent injuries to pedestrians utilizing said premises; d. In failing to supply an alternative, safe path for pedestrians in the premises of Defendant's gasoline service station, circumventing the dangerous conditions, namely water and petroleum product accumulation on the; surface of Defendant's premises; e. In failing to inspect the premises of thE; service station for any dangerous or potentially dangerous conditions; f. In allowing the azea to be used for w~rlking when Defendants knew or should have known that the azea was unfit for this purpose; g. In allowing and encouraging individuals to spray water and other liquids in the azea that Plaintiff fell; 5 h. In failing to provide a sepazate area where individuals could spray off their vehicles and not be at an azea where diesel fuel and other petroleum products were present on the ground; i. In failing to notify the Plaintiff of the slippery hazard he would be faced with upon alighting from thE; truck in which he was present; j. In failing to provide a paved ground surface not fashioned from slippery materials; and k. In failing to provide adequate drainage for the water and petroleum product present where Plaintiff fell. 11. As a result of the aforesaid acts, the Plaintiff sustained serious injuries, all of which are or may be of a permanent nature: a. Severe sprains and strains of and injury and damages to the bones, joints, muscles, ligaments, tendons, discs, nerves and tissues of the neck, shoulders, and back; b. Severe injury and damage to the bones, muscles, nerves, and tissues of the neck, back, shoulders, and right and left upper extremities; c. Severe shock and injury and damage to the nerves and nervous system; d. Severe and disabling injuries to various parts of the body; e. Nervousness, emotional tension and anxiety; and f. Aggravation ofpre-existing disease processes and/or prior health deficiencies, such as arthritis and perhaps other dormant or controlled disease processes. 12. As a result of these injuries, the Plaintiff sixffered the following damages: a. He has endured and will continue to endure great pain, suffering, inconvenience, embarrassment, mental anguish and emotional and psychological trauma; 6 b. He has been and will be required to expend lazge sums of money for medical treatment and care, hospitalization, medical supplies, surgical appliances, rehabilitation and therapeutic treatment, and other attendant services; c. He has sustained and will continue to sustain lost earnings and his earning capacity has been reduced and may be permanently impaired; d. His general health, strength, and vitality have been impaired; and e. He has been and will in the future be unable to enjoy various pleasures of life that he previously enjoyed. WHEREFORE, the Plaintiff, Duane J. Wade seeks a judgment against the Defendant, Petro Stopping Centers, L.P. individually and Ud/b/a Iron Skillet Restaurant jointly and severely for an amount in excess of Thirty Thousand ($30,000.00) Dollazs. A JURY TRIAL IS DEMANDED. COUNT II DUANE J. WADE vs. IRON SHILLET' RESTAURANT 13. Pazagraphs 1 through 12 aze incorporated Herein by reference. 14. The serious injuries and damages to 1'lainti:ff, Duane J. Wade, were proximately caused by the negligence of the Defendant, Leon Skillet Restaurant, individually or through its agents, servants, workers, and employees in some or all of the particulazs as numerated in paragraph 10 (a through k) of Count I of the within Complaint. 15. As a direct and proximate result of the caze;lessness and negligence of the Defendant, Iron Skillet Restaurant, Plaintiff, Duane J. Wade, fell, sustaining serious 7 injuries, some or all of which may be permanent in nature and as more specifically numerated in pazagraph 11 (a through f) of Count I of this Complaint and incorporated herein by reference thereto. 16. Solely as a result of the injuries sustained by Plaintiff, Duane J. Wade, and due to the negligence of the Defendant, Iron Skillet Restaurant, Plaintiff has incurred damages, as aze more specifically numerated in pazagrapb. l2 (a through e) of Count I of this Complaint and incorporated herein by reference thereto. WHEREFORE, Plaintiff, Duane J. Wade seeks a judgment against the Defendant, Iron Skillet Restaurant, jointly and severely for an amount in excess of Thirty Thousand ($30,000.00) Dollazs. A JURY TRIAL IS DEMANDED Villa~iova Law Offices, P.C., Jam .s A Villanova, Esquire ]:D o.: 7120, PA ID No. 19188 Mi el E. Metro, Esquire WV ]D No. 9590, PA I.D. No. 62185 Attonney for Plaintiffs 16 Chatham Squaze Pittsburgh, PA 15219 412/471-1933 CERTIFICATE OF SERVICE I, James A. Villanova, hereby certify that the within COMPLAINT IN CIVIL ACTION document was served upon the following by U.S. first Class mail, postage prepaid thi ay of , 2004. Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Villanova Law Offices, P.C., J es A. illanova, Esquire ID o.: 7120, PA ID No. 19188 ael E. Metro, Esquire WV ID No. 9590, PA I.D. No. 62185 Attorney for Plaintiffs 16 Chatham Squaze Pittsburgh, PA 15219 412/471-1933 VERIFICATION I' - ~~'`'°""~ r~~ having personal knowledge of the factual statement made in this „ ,;,, ~ .~. ,verify that these statements are true to the best of my information, knowledge and belief. I Understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date:~ ~ ~ 7 ~,,, ~„ ~ C N 0 o -n 'C3 y~: r Y . ~-7 R.~'!7 r c, ~ _. ~ ~~ ~l~ T'~ 1. r ~ '-C7 iT' . _ : _,.. J M _ i _= (Ji M1 ~ CV DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMEtERLAND COUNTY, PENNSYLVANIA v. PETRO STOPPING CENTERS, L.P., Individually and T/D/B/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE NO.04 -2:>? 18- CNIL TERM CNIL ACTION -LAW CARLISLE, PA 17013 Defendants NOTICE TO PLEAD TO: Duane J. Wade James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plainti, fJ~ You are hereby notified to file a written response to the; enclosed answering Defendant's Answer with New Matter within twenty (20) days from service: hereof or a judgment maybe entered against you. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, E$c[lfire Supreme Ct. I.D. #1 616 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Attorneys for Defendant, Petro S1:opping Centers, L.P. DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMEIERLAND COUNTY, PENNSYLVANIA v. PETRO STOPPING CENTERS, L.P., Individually and T/D/B/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE NO. 04 -2:Z 18- CNIL TERM CIVIL ACTION -LAW CARLISLE, PA 17013 Defendants ANSWER OF DEFENDANT, PETRO STOPPING CENTERS, L.P. TO PLAINTIFF'S COMPLAINT WITII NEW MATTER AND NOW, comes the Defendant, Petro Stopping Center, L.P., by its attorneys, Hartman, Osborne and Rettig, and answers Plaintiff's Complaint as follow: It is admitted that the Plaintiff is who he says he is. As to the balance of the allegations of this pazagraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof azid proof is demanded. 2. Denied. Petro Stopping Centers, L.P. is a limil[ed partnership which does business in the Commonwealth of Pennsylvania. 3. Denied. It is denied that the Iron Skillet Restaurant is a sepazate business as alleged. 4. Denied. To the contrary, Petro Stopping Centers, L.P. is the owner and operator of the facility located at 1201 Harrisburg Pike, Carlisle, Pennsylvania. As to the balance of the allegations of this pazagraph, those allegations present a conclusion of law to which no reply is required. 5. Denied. These allegations aze denied pursuant to Pa. R.C.P. 1029. 6. Denied. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. Denied. As to the balance of the allegations of this pazagraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 8. Denied as stated. As to the allegation that there existed water and liquid petroleum product on the surface in the azea where Plaintiff fell, after reasonable investigation, Defendant is without knowledge or information sufficient to farm a belief as to the truth thereof and proof is demanded. As to the balance of the allegations of'this pazagraph, those allegations represent conclusions of law to which no reply is required. COUNT I - NEGLIGENCE WADE v. PETRO STOPPING CENTERS L.P. 9. The answers to pazagraphs 1-8 above aze incorporated herein by reference thereto. 10. Denied pursuant to Pa. R.C.P. 1029. 11. Denied. As to the balance of the allegations of this pazagraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 12. Denied. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant requests that Count I of Plaintiff s Complaint be dismissed without cost to it. COUNT II DUANE WADE v. IRON SHILLET RESTAURANT 13. The Answers to paragraph 1-12 above aze incotporated herein by reference thereto. 14. Denied. The Answer to paragraph 3 above is incorporated herein by reference thereto. 15. Denied. The Answer to pazagraph 3 above is incorporated herein by reference thereto. 16. Denied. The Answer to pazagraph 3 above is incorporated herein by reference thereto. WHEREFORE, Defendant requests that Count II of PL•ainfiff s Complaint be dismissed without cost to it. NEW MATTER 17. Plaintiff s claims aze or may be bared by the applicable statute of limitations. 18. Plaintiff s claims aze or may be bazed by the doctrine of assumption of the risk. 19. Plaintiff has or may have failed to mitigate his damages. WHEREFORE, Defendant requests that the Plaintiffs Complaint be dismissed without cost to it. Respectfidly submitted, HARTMAN, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, E~i~e Supreme Ct. LD. #1 16 1'1.6-128 Walnut Street Haarrisburg, PA 17101 (717)232-3046 Attorneys for Defendant, Petro Stopping Centers, L.P. VERIFICATION 7 I, ~ et ,f-~ T ct a 1'~ of Petro Stopping Centers, L.P. ,hereby verify and state that the facts set forth in the foregoing ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT WITH NEW MATTER aze true and correct to the best of my information, knowledge and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to tmsworn verification to authorities. _ . .. Dated: ~- ~' 0~ Pet o Stoppi Centers, L.P. CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, b;y depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plaintiff HARTMAN, OSBORNE & RETTIG, P.C. By Date: Jeffrey S. Rettig, E~uire Stiipreme Ct. I.D. #19616 12;6-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Attorneys for Defendant, Petro Stopping Centers, L.P. n ~ a (__ -, y._ 'li .., ,. L7 ._{ l .;,i ,.f _. rJ,J '._ -r, ~._ mac; W ~(fl `- 1 K { DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO STOPPING CENTERS, L.P., Individually and T/DB/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants NO. 04 -2218- CIVIL TERM CIVIL ACTION -LAW DEFENDANT, PETRO STOPPING CENTERS, L.P. MOTION TO COMPEL AND NOW, comes the Defendant, Petro Stopping Center, L.P., by its attorneys, Hartman, Osborne and Rettig, P.C., and moves your Honorable Court to Order Plaintiff to provide Answers to Defendant's Interrogatories and Request for Production of Documents as follows: 1. This lawsuit was initiated by the filing of a Writ of Summons in the Court of Common Pleas of Cumberland County on or about May 17, 2004. Plaintiff, Duane J. Wade filed his Complaint on or about August 27, 2004. 2. In his Complaint, Plaintiff Wade alleges injuries and damages as a result of a slip and fall that occurred on or about August 10, 2002. 3. By letter dated August 25, 2004, Plaintiff Wade was served with Defendant's Interrogatories and Request for Production of Documents. 4. Counsel for Defendant had a telephone conversations with counsel for Plaintiff, wherein counsel for Plaintiff stated he would be providing the answers to said Interrogatories and Request for Production of Documents. 5. The Plaintiff s failure to respond to written discovery requests are in violation of the Pennsylvania Rules of Civil Procedure and are delaying the progress of this case. 6. To date, Plaintiff Wade has not provided answers to Defendant's Interrogatories and Requests for Production of Documents, and no timely objections have been lodged. 7. Obtaining complete responses is necessary for the Defendant to be able to defend. 8. Plaintiff is represented by James Villanova, Esquire, 16 Chatham Square, Pittsburgh, PA 15219, telephone (412) 471-1933. 9. Defendant is represented in this action by Jeffrey B. Rettig, Esquire, Hartman, Osborne & Rettig, P.C., 126-128 Walnut Street, Harrisburg, PA 17101, telephone (717) 232- 3046. WHEREFORE, Defendant Petro Stopping Centers, L.P., respectfully request this Honorable Court to enter an Order compelling Plaintiff, Duane J. Wade to provide complete answers to Defendant's Interrogatories and Request for Production of Documents or face Rule 4019 sanctions on further motion. Date: ~~~ji~,~ ~'~ Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. / Jeffrey B. Rettig, ~e ~ Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant, Petro Stopping Centers, L.P. CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plaintiff HARTMAN, OSBORNE & RETTIG, P.C. Jeffrey B. Rettig, E ire Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: /1~,.~. rte/ ~ ~~ Attorneys for Defendant, Petro Stopping Centers, L.P. ~ N t"...~ ~ . .C"` ~ -,~.d. ~ ~(1~ 5 ~" ~~` ~%'i ~t 1 '~^ • • ~' '~ ~ NOV 3 0 2~D4 ~ ~~<i DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO SHOPPING CENTERS, L.P., Individually and T/DB/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants NO.04 -22;18- CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, on the ~ ~ day of ~co.,..W , 2004, after consideration of Defendant's Motion to Compel Plaintiff to Provide Discovery P;esponses, it is hereby ORDERED that Defendant's motion is GRANTED. Plaintiff must provide Defendant with full complete discovery responses within ~_ days of this Orde~• or face Rule 4019 sanctions on further motion. BY THE COURT, ~~ ~~"~ a ~~ ~~o 'i~+~j $ ! :~ &~ Z-13Q h~OZ ~i:JE'~~rl--{i-! f!~t DUANE J. WADE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. PETRO STOPPING CENTERS, L.P., Individually and T/D/BIA IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants NO.04 -221$- CIVIL TERM CIVIL ACTION -LAW DEFENDANT, PETRO STOPPING CENTERS, L.P. M©TIUN TO COMPEL AND NOW, comes the Defendant, Petro Stopping Center, L.P., by its attorneys, Hartman, Osborne and Rettig, P.C., and moves your Honorable: Court to Order Plaintiffto provide Answers to Defendant's Interrogatories and Request for Production of Documents as follows: This lawsuit was initiated by the filing of a Writ of Summons in the Court of Common Pleas of Cumberland County on or about May 17, 2004. Plaintiff, Duane J. Wade filed his Complaint on or about August 27, 2004. 2. In his Complaint, Plaintiff Wade alleges injuries and damages as a result of a slip and fall that occurred on or about August 10, 2002. 3. By letter dated August 25, 2004, Plaintiff Wade was served with Defendant's Interrogatories and Request for Production of Documents. 4. Counsel for Defendant had a telephone conversations with counsel for Plaintiff, wherein counsel for Plaintiff stated he would be proviciing the answers to said Interrogatories and Request for Production of Documents. 5. The Plaintiff s failure to respond to written discovery requests are in violation of the Pennsylvania Rules of Civil Procedure and are delaying the progress of this case. 6. To date, Plaintiff Wade has not provided answe~~s to Defendant's Interrogatories and Requests for Production of Documents, and no timely objections have been lodged. 7. Obtaining complete responses is necessary for the Defendant to be able to defend. 8. Plaintiff is represented by James Villanova, Esquire, 16 Chatham Square, Pittsburgh, PA 15219, telephone (412) 471-1933. 9. Defendant is represented in this action by Jeffrey B. Rettig, Esquire, Hartman, Osborne & Rettig, P.C., 12b-128 Walnut Street, Harrisburg, PA 17101, telephone (717) 232- 3046. WHEREFORE, Defendant Petro Stopping Centers, L.P~, respectfully request this Honorable Court to enter an Order compelling Plaintiff, Duane J. Wade to provide complete answers to Defendant's Interrogatories and Request for Production of Documents or face Rule 4019 sanctions on further motion. Date: J~ ~ n' ~~ Respectfully submitted, HARTMATI, OSBORNE & RETTIG, P.C. f ~7 B i.~%~-~ Tf_- / Jeffrey B. Rettig, s ire ~ Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant, Petro Stopping Centers, L.P. CERTIFICATE OF SERViC,E I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated t~elow, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plainti, f~ HARTMAN, OS]BORNE & RETTIG, P.C. ~~ r ~i ,' Jeffrey B. Rettig, E ire Supreme Ct. I.D. #19616 12Ei-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: l ,~. ~~ ~ ~ Attorneys for Defendant, Petro Stopping Centers, L.P. C`'~ c' ~ ~~ Q . ~ ~ _., " z --{ r; ~~:' f~ l . KJ C~ ' ~ ~~" '7ti .~ ~ '"~ (~~ ~J ` IN THE COURT OF COMMON PLEAS OF C1;JMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, vs. PETRO STOPPING CENTERS, L.P. individually and t/d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, CIVIL DIVISION CASE NO: 04-2218 CODE: NOTICE OF SERVICE (PLAINTIFF'S ANSWERS TO DEFENDANT PETRO STOPPING CENTERS, L.P. INTEll2ROGATORIES) Defendants. A JURY TRIAL IS DEMANDED Filed on Behalf of Plaintiff: Counsel of Record for this Party: JAMES A. VILLANOVA, ESQUIRE PA ID # 19188, WV ID # 7120 MICHAEL E. METRO, ESQUIRE PA ID # 62185, WV ID # 9590 VILLANOVA LAW OFFICES, P.C. 16 Chatham Square Pittsbtu~gh, PA 15219 (412) 471-1933 (412) 471-2733 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, CIVIL, DIVISION CASE NO: 04-2218 CODE: vs. PETRO STOPPING CENTERS, L.P. individually and t/d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, Defendants. NOTICE OF SERVICE (ANSWERS TO INTERROGATORIES) We hereby certify that an original copy of Plavntiffs' Answers to Defendant, Petro Shopping Centers, L.P. Interrogatories was mailed by U.S. First Class Mail, postage prepaid this day of , 2004, to: Jeffrey B. Rettig, Esquire Hartman, Osborne & Retti;;, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Respectfully submitted: Villan.ova Law Offices, P.C., James A. V~Yl~rio"va, Esquire r r.. - ~' a ' iS .s.^ t_-7 i ._.~ _1_ _ _ . C`"> ~ ~ i-~ -rt i.. e -'s C_} -~ _ r^ ` W. rJ1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, vs. PETRO STOPPING CENTERS, L.P. individually and t/dlb/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, CIVIL DIVISION CASE NO: 04-2218 CODE: NOTICE OF SERVICE (PLAINTIFF'S ANSWERS TO DEFEN:DANT'S REQUEST FOR PRODUCTION OF DOCUMENTS) Defendants. A JURY TRIAL IS DEMANDED Filed on Behalf of Plaintiff: Counsel of Record for this Party: JAMES A. VILLANOVA, ESQUIRE PA ID # 19188, WV ID # 7120 MICHAEL E. METRO, ESQUIRE PA ID # 62185, WV ID # 9590 VILLAN~OVA LAW OFFICES, P.C. 16 Chath~nn Square Pittsburgh, PA 15219 (412) 471-1933 (412) 471-2733 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE Plaintiff, CIVIL DIVISION CASE NO: 04-2218 CODE: vs. PETRO STOPPING CENTERS, L.P. individually and t!d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, Defendants. NOTICE OF SERVICI±. (Reply to Request for Production oiFDocuments) We hereby certify that an original copy of Plaintiffs' Reply to Request for Produ ion of~ Documents was mailed by U.S. First Class Mail, postage prepaid this y of ; --~'~' 2004, to: Jeffrey B. Rettig, Esquire Hartman, Osborne c~ Rettig, P.C. 126-128 Walnut Street Harrisburg, PA 17101 Respectfully submitted: Villanova Law Offices, P.C., ` R,~, ~r r..7 ~' ,7 t i. _. j ' ., 7' . "'t1 r ~.. _. 'j f...( .. _ ~, (~ i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Duane J. Wade IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No:04-2218-CIVIL TERM CIVIL ACTION -LAW V Petro Stopping Centers, L.P., Individually and T/D/B/A Iron Skillet Restaurant and Iron Skillet Restaurant 1201 Harrisburg Pike Carlisle, PA 17103 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas aze sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoenas have been received, and (4) the subpoenas which will be served are identical to the subpoenas which aze attached to the notice of intent to serve the subpoenas. & RETTIG, P.C. Date: r~~~' G~' Se~fre . R~g, Esquire upr Ct D.#19616 126 Walnut Street Harrisburg, PA 17101 (717) 232-304fi i ~ CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plaintiff OSBORNE & RETTIG, P.C. "Jeffrey B. Rettig, Es re Supreme Ct. LD. #1 16 126-128 Wahrut Street Harrisburg, PA 17101 (717)232-3046 Date: ~ l/ G / (J~ Attorneys for Defendant, Petro ~~-` Stopping Centers, L.P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Duane J. Wade TN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No:04-2218-CIVIL TERM CIVIL ACTION -LAW V Petro Stopping Centers, L.P., 3URY TRIAL DEMANDED Individually and TIDJ$IA Iron Skillet Restaurant and Iron Skillet Restaurant 1201 Harrisburg Pike Carlisle, PA 17103 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant(s) intend to serve a Subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served. OSBORNE & RETTIG, P.C. J,eff~j BrRettig', Esq}iir~ I~~upreme Ct. LD. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: ~l?~ f~4 CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plaintiff HARTMAN, OSBORNE & RETTIG, P.C. ,~ By ,r ~~ilx"~~r l~'I r Jel~ey Bt g, Esquire ,. Supreme Ct. LD. # 19616 << 126-]28 Walnut Street Harrisburg, PA :1.7101 (717)232-3046 Date: ?~ Attorneys for Defendant, Petro Stopping Centers, L.P. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DUANEJ.WADE Plaintiff No: 04 -2218- CIVIL TERM v. PETRO STOPPING CENTERS, L.P., Individually and T/DIB/A IRON SKILLET RESTALJRANT' and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants SUBPO.~.P:A TO PROD:SCE BOCUIV1EYiTS OR TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Karen J. `Phomas, Bureau of UC Benefits and Allowances (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you ace ordered by the court to produce the following documents or things: Any and all documents regarding the benefits requested, received, application and denied regarding Duane J. Wade at 126-128 Walnut Street, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of 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 this subpoena may seek a court order compelling you to comply with it. PHIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON NAME: Jeffrev B. Rettie. Esquire ADDRESS; 126-128 Walnut Street Harrisburg. PA 17830 TELEPHONE: 717-232-3046 SUPREME COURT ID #19616 ATTORNEY FOR: Defendants. Petro Stoppine Centets Dale: '~1 `cl.t ~- ~~r o2Q'~~p Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DUANEJ.WADE Plaintiff No: 04 -2218- CIVIL TERM v. PETRO STOPPING CENTERS, L.P., Individually and T/DB/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT' 1201 HARRISBURG PIKE CARLISLE, PA 17013 Defendants S'aJSPOTsldrl TO PRODUCE DOCUIi~fEi 1T~ OR TStIIN1G5 FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Karen J Thom:~s Bureau of UC Benefits and Allowances (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 documents regarding the benefits requested, received, application and denied regarding Duane J. Wade SN 27d RR S()"2Q T1f1R L/~7 ~9SF, at 126-128 Walnut Street Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of 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 this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIIE FOLLOWING PERSON: NAME: Jeffrey B Rettie. Esquire ADDRESS: 126-128 Walnut Street Haaisbure.PA 17830 TELEPHONE: 717-232-3046 SUPREME COURT ID #1961 ATTORNEY FOR: Defendants Petro Stoppine Centers Date: ~C1A~ ~~ d~(O Seal of the Couit r _, 1 r; .... r,~ G.~) `.. ) '_^ .-.. PRAECIPE FOR LISTING CASE FOR TRIAL (Mnst be typewritten and sabmitted in daplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. for trial withoat a jary. CAPTION OF CASE (entire caption must Be stated in full) (check one) ® Civil Action -Law Duane J . Wade ^ Appeal from arbitration (other) (Plaintiff) vs. The trial list will be called on 1 / 9 / 0 7 and Petro Stopping Centers, L.P. individually and t/d/b/a Trials commence on 2/5/07 Iron Skillet Restaurant and Iron Skillet Re~t~ Pretrialswillbeheldon 1 /1 7/07 vs. (Briefs are due 5 days before pretrials Indicate the attorney who will try case for the party who files this praecipe: Jeffrey B. Rettig, Esquire Indicate trial counsel for other parties if known: James Villanova, Esauire f \ ..~, /`l No. 04-2218 Civil 'I'mo This case is ready for trial. Date: 10/19/06 PrintNa~: Jeffrey B. Q~'ettiq, Esquire Attorney for: Defendant, Petro Stopping Centers, L.P. ~ ~ f r CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 (Attorney for Plaintiff OSBORNE & RETTIG, P.C. B Jeffrey B. Retti squire Supreme Ct. I.D. # 19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: ~ ~ Attorneys for Defendant, Petro Stopping Centers, L.P. ~ ~ ~~ ~ ~ ~' -tip u~-~ ~ ~~ nts ° .., ~~. ~ ~~ ~' Ufa ~ C ) ~ ~i ~ ~ ~t ~J ~ ' ./ C~~ ~ ~{ ., ~ ~t v ~. e'~ r' DUANE J. WADE, Plaintiff v PETRO STOPPING CENTERS, L.P. INDIVIDUALLY AND t/d/b/a IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2218 CIVIL TERM IN RE: CASE STRICKEN FROM TRIAL LIST ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the call of the civil trial list, and pursuant to a request of Jeffrey B. Rettig, Esquire, counsel for Defendant, the above-captioned case is stricken from the trial list. ~mes Villanova, Esquire 16 Chattham Square Pittsburgh, PA 15219-4731 For Plaintiff ~ffrey B. Rettig, Esquire 126-128 Walnut Street Harrisburg, PA 17101-1612 y For Defendants Court Administrator :mae By the Court, }. ra F C U ? ~ ,~ -~"- ,_4- ~ ~t~ t. =y i`.. c ,.. :114-~ ,.. _ ~ ~~ ~ ~:; N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE, Plaintiff, vs. PETRO STOPPING CENTERS, L.P: individually and t/d/b/a/ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, CIVIL DIVISION CASE NO: 04-2218 CODE: PRAECIPE TO SETTLE AND DISCONTINUE Defendants. A JURY TRIAL IS DEMANDED Filed on Behalf of Plaintiff: Counsel of Record for this Party: JAMES A. VILLANOVA, ESQUIRE PA ID # 19188, WV ID # 7120 MICHAEL E. METRO, ESQUIRE PA ID # 62185, WV ID # 9590 VILLANOVA LAW OFFICES, P.C. 16 Chatham Square Pittsburgh, PA 15219 (412) 471-1933 (412) 471-2733 facsimile IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE J. WADE, CIVIL DIVISION CASE NO: 04-2218 Plaintiff, vs. PETRO STOPPING CENTERS, L.P. individually and t/d/b/aJ IRON SKILLET RESTAURANT AND IRON SKILLET RESTAURANT, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: SIR: KINDLY Settle and Discontinue the above-captioned civil action. Respectfully submitted: Villanova Law Offices, P.C., J e A. Villanova, Esquire D No. 7120, PA ID No. 19188 ichael E. Metro, Esquire WV ID No. 9590, PA ID No. 62185 Attorney for Plaintiffs 16 Chatham Square Pittsburgh, PA 15219 412/471-1933 412/471-2733 facsimile 2 ~~: --' --t.t tai :; r.+.. " " rte-, ~ ,° . - "`C7 ~ ~„~,~ ? ~ f f 5 ` ~ J . ~~ ~ ~ ~j _ . -.p~- i r , ~``, ~ ~ ~ ''~ s {_ ~,~ : .. Johnson, Duffle, Stewart & Weidner By: JEFFREY B. RETTIG, ESQUIRE I . D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Plaintiff DUANE J. WADE, v. PETRO STOPPING CENTERS, L.P., Individually and T/D/B/A IRON SKILLET RESTAURANT and IRON SKILLET RESTAURANT 1201 HARRISBURG PIKE, CARLISLE, PA 17103, Defendant Attorneys for Defendant II`d THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2218 CIVIL ACTION -LAW PRAECIPE TO WITHDRAW APPEARANCE THE PROTHONOTARY, Please withdraw the appearance of Jeffrey B. Rettig, Esguire and Osborne & Rettig, P.C., on behalf of Defendant in the above-captioned action. OSBORNE &RETTIG, P.C. Jeffrey B. Rettig, E ire PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY, Please enter the appearance of Jeffrey B. Rettig, Esquire and Johnson, Duffle, Stewart & Weidner, on behalf of Defendant in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By: J rey B. Rettig, Esq ' e 3 ~ ~ 1~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the 2- ~ day of 2007: James Villanova, Esquire 16 Chatham Square Pittsburgh, PA 15219 JOHNSON, DUFFIE, STEWART & WEIDNER By: J ey B. Rettig, Esq ire 296469 ..,_, ~~-i' ; ' - I . a ~~ ~ - .. ` ( , v r-n : ' )fit _ ...,i ;_ { ~? - ,; ~ ~ ~ ~ = ~ ~ ~-~ s i i :~:.~ ~~ . ~ ~. :.~