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HomeMy WebLinkAbout09-5533IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. LN - 47?? ?C-TiAxv( Civil Action - ( X .,aw ( ) Equity VICKI KUNKEL THOMLAN ENTERPRISES, INC. 313 Walnut Street, Rear versus 124 Briarpatch Drive Boiling Springs, PA 17007 Carlisle, PA 17013 Plaintiff(s) & Defendant(s) & Address Address PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. 2 Writ of Summons shall be issued and forwarded to (x ) Attorney (x) Sheriff Christina L. Bradley, Esquire 4415 North Front Street Harrisburg, PA 17110 Signature of Attorney (717) 671-1955 Supreme Court ID No. 89107 Date: g 161 n? WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): THOMLAN ENTERPRISES, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. othonotary Date: 5neaae /.I-- (-Deputy l? (''? FILL{,?-1,,;-r?(,F OF THE ? r i l "1S 1 20D9 AUG -7 Pill 2: 14 C.+UW ti tar 9 78. SD 3cL ll-' 0- K-4 837S ?2? aas?sv Sheriffs Office of Cumberland County R Thomas Kline Sheriff?a?cr $f?unbrrf, Ronny R Anderson W Chief Deputy c??J Jody S Smith Civil Process Sergeant 0MCE c,F `' E S".RIFF Edward L Schorpp Solicitor FILLS-01+10 OF THE Fl.: oTH y,OTARY 2009 AUG 19 AM 9. 14 VtJtllil7c?.:"it-r`y'?1 f./t?Jt.JIVr I PENNSYLVANIA Vicki Kunkel vs. Thomlan Enterprises, Inc. SHERIFF'S RETURN OF SERVICE Case Number 2009-5533 08/15/2009 08:49 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on August 15, 2009 at 0849 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomlan Enterprises, Inc., by making known unto Kim Thomas, President,at 124 Briar Patch Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWE .? August 17, 2009 R THOMAS KLINE, SHERIFF Duty Sheriff Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 christinab@pa-injur-ylawyer.com Attorney for Plaintiff VICKI KUNKEL v. Plaintiff THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT THE CLIAMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 FREEBURN & HAMILTON Christina L. Bradley, Esqu e Attorneys for Plaintiff Vicki Kunkel Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 christinab@pa-injurylawyer.com Attorney for Plaintiff VICKI KUNKEL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5533 V. CIVIL ACTION - LAW THOMLAN ENTERPRISES, INC. : Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Vicki Kunkel, by her attorney Christina L. Bradley, Esquire of Freeburn & Hamilton, and files the following Complaint: 1. Plaintiff Vicki Kunkel is an adult individual currently residing at 2414 Patton Rd., Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant Thomlan Enterprises, Inc. is a Pennsylvania Corporation with offices located at 124 Briarpatch Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. At all time relevant to the instant matter Thomlan Enterprises owned and operated a restaurant/bar named Gingerbread Man, located at 26 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On December 14, 2008 at approximately 9:30 p.m., Plaintiff Vicki Kunkel was an invitee and patron of Gingerbread Man in Mechanicsburg, PA. 5. At the above referenced time and place Plaintiff Vicki Kunkel was at Gingerbread Man having dinner and got up from her seat, asked for directions to the ladies rooms and proceeded to the ladies room. 6. While walking to the ladies room, Plaintiff was unaware of two unmarked steps down to a lower level, was distracted by televisions placed on the walls broadcasting a football game and fell down the steps, causing the injuries set forth below. 7. At all times Defendant was in exclusive possession, management and control of the restaurant/bar of Gingerbread Man through its employees who were acting within the scope and course of their employment by Defendant, and in furtherance of Defendant's business. 8. The foregoing incident and all of the injuries and damages as set forth hereinafter are the direct and proximate result of the negligent, gross negligence, careless, wanton and reckless manner in which Defendant operated and maintained the Gingerbread Man as follows: a. In failing to exercise reasonable care to ensure the safety of business visitors such as Plaintiff, b. In failing to inspect the premises and ensure patrons were aware of two small steps down from the upper level to the lower level; C. In failing to discover and/or keep the premises of the Gingerbread Man free and clear of hazards to business visitors such as Plaintiff; d. In failing to anticipate the harm that the unmarked steps would cause business visitors; e. In placing televisions in the vicinity of steps and creating a distraction and hazard to business visitors such as Plaintiff; 2 f. In permitting the steps to remain unmarked and unlit, which posed an unreasonable risk of injury to Plaintiff and other business visitors; and g. In failing to give warning of the dangerous condition posed by the unmarked steps by placing warning signs or taking any other safety precautions to prevent injury to Plaintiff and other business visitors. 9. As a result of Defendant's negligence, carelessness and recklessness, Plaintiff suffered painful and severe injuries to her nerves, bones and soft tissues, which include, but are not limited to a non-displaced cortical avulsion fracture of the right ankle at the lateral talus and medial malleolus. 10. By reason of the aforesaid injuries, Plaintiff has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefore. 11. The aforesaid injuries suffered by Plaintiff may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefore. 12. By reason of the aforesaid injuries, Plaintiff was forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefore. 13. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefore. 14. By reason of the aforesaid injuries, Plaintiff has suffered a loss of earnings and earning capacity and is entitled to recover the value of the time, earnings 3 and employment benefits she has lost and which she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefore. 15. By reason of the aforesaid injuries, Plaintiff has suffered a loss or impairment of future earning capacity, and claim is made therefore. 16. By reason of the aforesaid injuries, Plaintiff has incurred incidental costs and expenses, the exact amount of which cannot be ascertained at this time, and claim is made therefore. 17. As a result of the aforesaid injuries, Plaintiff has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefore. 18. As a result of the aforesaid injuries, Plaintiff has been subjected to humiliation, embarrassment, shame, worry and anger. 19. As a result of the aforesaid injuries, Plaintiff has been subjected to severe mental anguish, emotional distress, nervous shock, fright and horror. 20. As a result of the aforesaid injuries, Plaintiff' will continue to endure great mental anguish, emotional distress, shame, worry and anger in the future. 21. By reason of the aforesaid injuries, Plaintiff has been deprived her enjoyment of the pleasures of life. 22. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefore. 23. As a result of the aforesaid injuries, Plaintiff has suffered a disfigurement, and claim is made therefore. 4 WHEREFORE, Plaintiff Vicki Kunkel, demands judgment in her favor and against Defendant Thomlan Enterprises, Inc. in an amount in excess of FIFTY THOUSAND & 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration Respectfully submitted, FREEBURN & HAMILTON Date: c4ob" 2Doq By: Christina L. Bradley, Esq e Attorneys for Plaintiff Vicki Kunkel 4415 North Front Street Harrisburg, PA 17110 (717)671-1955 ID No. 89107 5 VERIFICATION I, Vicki Kunkel, hereby verify that I am the Plaintiff in the foregoing action and the statements in the COMPLAINT are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 10151 O q??C Vicki L. Kunkel Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 christinab@pa-inj urylawyer.com VICKI KUNKEL Plaintiff v. THOMLAN ENTERPRISES, INC. Defendant Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the COMPLAINT in the foregoing action was served on the date and in the manner listed below, addressed as follows: U.S. Mail, Postage Prepaid Thomlan Enterprises, Inc. 124 Briarpatch Dr. Carlisle, PA 17013 FREEBURN & HAMILTON Dated: 6 L?6 b c„ Lo 2sj Christina L. Bradley, Esquire Attorneys for Plaintiff Vicki Kunkel 4415 N. Front St. Harrisburg, PA 17110 (717)671-1955 ID No. 89107 PILED-4--'DTI GE Ir THE , .,,,! fi?1RY 2009 0CT -8 AM 11 : 32 t-i~LLI'~..f: ~~i~l- Christina L. Bradley, Esquire /~ ~V ~~~ ?'r?r~~- p~`~w'~~-J(?hti'~ ~tV ; I FREEBURN & HAMILTON ID No. 89107 2010 FEB 17 P~~ 2~ 4 7 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 ~n ~ ~ ~ r~; Attorney for Plaintiff C ~~ l + ~ christinab@pa-injurylawyer.com i .~ viV i . VICKI KUNKEL IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5533 v. CIVIL ACTION -LAW THOMLAN ENTERPRISES, INC. Defendant To: Thomlan Enterprises, Inc. c/o Debra Wallace, Adjustor Erie Insurance Group 4902 Carlisle Pike, PMB 312 Mechanicsburg, PA 17050 DATE OF NOTICE: February 16, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. THE OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800)990-9108 (717)249-3166 FREEBURN & HAMILTON Dated: ~- ~ I Co 1 i ~ l~f LU~llo. r Christina L Bradley, Esquire Attorneys for Plaintiff Vicki Kunkel Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717) 671-1955 Attorney for Plaintiff christinab@pa-inj urylawyer.com VICKI KUNKEL Plaintiff v. THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the IMPORTANT NOTICE in the foregoing action was served on the date and in the manner listed below, addressed as follows: U.S. Certified Mail, Return Receipt Requested Thomlan Enterprises, Inc. c/o Debra Wallace, Adjustor Erie Insurance Group 4902 Carlisle Pike, PMB 312 Mechanicsburg, PA 17050 FREEBURN & HAMILTON Dated: a. ~ ~ ~ j ~ d L~ _ Christina L. Bradley, Esqu e Attorneys for Plaintiff Vicki Kunkel 4415 N. Front St. Harrisburg, PA 17110 (717)671-1955 ID No. 89107 4F TA~1f .IOHNSON, DUFFIE, STEWART 8~ WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com 1010 MAR -2 AM ~ t ~ f 7 CUM~3~~-:i.r~~ a~~ ~tJ;.-t~Y PFt~sPvSYI_b'r,N1A Counsel for Defendant VICKI KUNKEL, v. Plaintiff NO. 09-5533 Civil Term CIVIL ACTION -LAW THOMLAN ENTERPRISES, INC Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Thomlan Enterprises, Inc. in the above-captioned matter. Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: February 26, 2010 Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, JOHNSON, UFFIE, STEW RT &WEIDNER By: ,~ J n R. Ninosky, Esquire CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Entry of Appearance 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 February 26, 2010: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, ST WART & WEIDNER B `~ Y ,John R. Ninosky t~l` 'fit E~ ITi~Y .IOHNSON, DUFFIE, STEWART 81 WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com VICKI KUNKEL, v. Plaintiff THOMLAN ENTERPRISES, INC., Defendant NOTICE TO PLEAD TO: Vicki Kunkel and her counsel, Christina L. Bradley, Esquire NO. 09-5533 Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED YOU ARE REQUIRED to plead to the within Answer with New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFFIE, STEWART &WEIDNER By: Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 Date: March 1, 2010 Counsel for Defendant 2010 MAR -2 PM 2= 19 CUMBER ORIG/N.~ Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHNSON, DUFFIE, STEWART 8e WEIDNER Counsel for Defendant By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com VICKI KUNKEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 09-5533 Civil Term CIVIL ACTION -LAW THOMLAN ENTERPRISES, INC., Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, Thomlan Enterprises, Inc., by and through its counsel, Johnson, Duffle, Stewart & Weidner, P.C., who files this Answer with New Matter by respectfully stating the following: 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph. The same are therefore denied, and strict proof is demanded at trial. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that Defendant owned a business named the Gingerbread Man located at 26 West Main Street, Mechanicsburg, Pennsylvania. The remainder of this allegation contains conclusions of law and fact to which no response is required contained herein are denied. If a response is deemed required, the averments 4. Denied. The averments contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed required, the averments contained herein are denied. 5-23. Denied. The averments contained in these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in its favor. NEW MATTER 24. Plaintiffs Complaint fails to state a claim upon which relief may be granted. 25. Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 26. Plaintiff walked inattentively. 27. Defendant's alleged negligence, which is specifically denied, was not the factual cause of Plaintiffs alleged injuries. 28. That if a dangerous condition existed at the time of Plaintiff's alleged accident, which is denied, Defendant avers it did not have actual or constructive notice of the allegedly dangerous condition prior to the alleged accident. 29. The mere happening of Plaintiffs alleged fall does not demonstrate negligence on the part of Defendant. 30. Plaintiffs injuries and damages, if any, were not caused by any acts, omissions, or breaches of duty of Defendant. 31. Plaintiff s claims and alleged losses are limited and/or barred by her own comparative negligence. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and that judgment be entered in its favor. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant Date: March 1, 2010 393562 r` VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) John R. Ninosky, Esquire, states that he is the attorney for the parties filing the foregoing Defendant's Answer with New Matter and that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Joh R. Ninosky, Esquire Attorney for Defendant Date: March 1, 2010 345785 -. ;, CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer with New Matter 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 March 1, 2010: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By Jo n R. Ninosky Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717)671-1955 christinab@pa-inj u rylawyer.com Attorney for Plaintiff VICKI KUNKEL Plaintiff v. THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c ° NO. 09-5533 0 -,ti r`'; ~ . ;., ; _ CIVIL ACTION -LAW =- ' r:' REPLY TO NEW MATTER - \A i C. =J .. a '~; ~~ ~~ _~::~ r_ Ivry i~`+~ `"l ..v --~ 24. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 25. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 26. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 27. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 28. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 29. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 30. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. 31. This paragraph contains no averments of fact, only conclusions of law to which no reply is required. To the extent that a court determines that this paragraph contains any averments of fact, the same are specifically denied. WHEREFORE, Plaintiff Vicki Kunkel, demands judgment in her favor and against Defendant Thomlan Enterprises, Inc. in an amount in excess of FIFTY THOUSAND 8v 00/ 100 ($50,000.00) DOLLARS, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration Respectfully submitted, FREEBURN 8v HAMILTON Date: ~I S I ~ ~ By: Christina L. Bradley, E ire Attorneys for Plaintiff Vicki Kunkel 4415 North Front Street Harrisburg, PA 17110 (717)671-1955 ID No. 89107 2 VERIFICATION I, Vicki Kunkel, hereby verify that I am the Plaintiff in the foregoing action and the statements in the REPLY TO NEW MATTER are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 3 ~ ID oz°;~ Vicki Kunkle .~ Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 4415 North Front Street Harrisburg PA 17110 (717)671-1955 ch ristinab@pa-in j u rylawyer.com Attorney for Plaintiff VICKI KUNKEL Plaintiff v. THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the REPLY TO NEW MATTER in the foregoing action was served on the date and in the manner listed below, addressed as follows: US REGULAR MAIL, POSTAGE PREPAID John R. Ninosky, Esquire JOHNSON DUFFIE PO Box 109 Lemoyne, PA 17043 FREEBURN & HAMILTON Dated: g 1 D Christina L. Bradley, Esqui Attorneys for Plaintiff Vicki Kunkel 4415 N. Front St. Harrisburg, PA 17110 (717)671-1955 ID No. 89107 F THE PROTHONOTARY Johnson, Duffle, Stewart & Weidner?o10 DEC _, By: John R. Ninosky, Esquire PM 12: 29 I.D. No. 78000 CUMBERLAND CpUNff orneys for Defendant 301 Market Street PENNSYLVANIA P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 sml@jdsw.com VICKI KUNKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMLAN ENTERPRISES, INC. Defendant NO. 09-5533 CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were 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 has been received; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /- JohnP.Ain6sky-,ts-quire Date: 11 ?0//D Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 sml@jdsw.com Attorneys for Defendant VICKI KUNKEL, Plaintiff V. THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that Defendant intends to serve three subpoenas identical to the ones that are 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 subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER 1 By: Joh R. Ninosky, Esquire Date: o/00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICKI KUNKEL, Plaintiff NO. 09-5533 CIVIL TERM VS. THOMLAN ENTERPRISES, INC., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Adams County Human Resources Department (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: Entire personnel file of Vicki Lyn Kunkel (DOB: 2/18/55; SS*: 210-44- 5342) including but not limited to applications, evaluations iob descriptions, disciolinarv actions, wages, attendance records and reason for termination. at Johnson Duffle Stewart & Weidner, 301 Market Street P.O. Box 109. Lemoyne. PA 17043. 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 THE FOLLOWING PERSON: NAME: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY T COURT: Prothono /Clerk, Civil Division r Deputy DATE: Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICKI KUNKEL, vs. Plaintiff NO. 09-5533 CIVIL TERM THOMLAN ENTERPRISES, INC., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: TriStarr Staffing (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: Entire personnel file of Vicki Lyn Kunkel (DOB: 2/18/55 SS#• 210-44- 5342) including. but not limited to applications evaluations job descriptions disciplinary actions wages attendance records and reason for termination at Johnson. Duffle. Stewart & Weidner. 301 Market Street P.O. Box 109, Lemoyne PA 17043. 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 THE FOLLOWING PERSON: NAME: John R. Ninoskv. Esquire . ADDRESS: 301* Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE OURT: Prothonotary/Clerk, vil Division Deputy DATE: C) Seal of the Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICKI KUNKEL, Plaintiff NO. 09-5533 CIVIL TERM vs. THOMLAN ENTERPRISES, INC., Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Keystone Staffing Services (Name of Person or Entity) Within twenty (20) days after service of tliis subpoena, you are ordered by the court to produce the following documents or things: Entire personnel file of Vicki Lyn Kunkel (DOB: 2!18/55: SS#: 210-44- 5342) including but not limited to applications evaluations, iob descriptions, disciplinary actions, wages. attendance records and reason for termination. at Johnson Duffle Stewart & Weidner, 301 Market Street. P.O. Box 109. Lemoyne, PA 17043. 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 THE FOLLOWING PERSON: NAME: John R. Ninosky. Esquire . ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 . BY THE ;RT. Prothon a lerk, Civi Division Deputy DATE: ?_ Seal of the-Court (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the day of NO VC M b4r Y- , 2010: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By:_ a?' /?, L,01??&-" Joh . Ninos y, Esquire U CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the day of /Ud YQl2ria- , 2010: Christina L. Bradley, Esquire Freeburn & Hamilton 4415 North Front Street Harrisburg, PA 17110 JOHNSON, DUFFIE, STEWART & WEIDNER By: Joh R. Ninosky, Esquire Christina L. Bradley, Esquire FREEBURN & HAMILTON ID No. 89107 2040 Linglestown Road, suite 300 Harrisburg PA 17110 (717) 671-1955 christinab ii;pa-injurylawyer.com LE_'O- 0 r r iLbr OF THE P ?LtTH )No 2012 MAR -I Pty 2: 17 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff VICKI KUN:KEL v. Plaintiff THOMLAN ENTERPRISES, INC Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5533 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter settled and discontinued. Respectfully submitted, FREEBURN & HAMILTON By: 0-,h 0, Q?"' Christina L. Bradley, Es ire I.D. No. 89107 2040 Linglestown Road, Suite 300 (717)671- 1955 Harrisburg, PA 17110 Date: 02/29/12 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the forgoing document was duly served on this 29th day of February, 2012, by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: John R. Ninosky, Esquire Johnson Duffie PO Box 109 Lemoyne, PA 17043 BY: o Elizabe . ZiegleW6dre Christina L. Bradl Attorney I.D. #89107 FREEBURN 8v HAMILTON 2040 Linglestown Road, Suite 300 Harrisburg, PA 17110 (717) 671-1955 Dated: 02/29/12 Attorney for Plaintiff