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Home My WebLink About09-7946IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAURIE OWENS 40 Liberty Court Carlisle, PA 17015 CIVIL ACTION - LAW Plaintiff JURY TRIAL DEMANDED V. ROSS'S STEAK & SEA HOUSE, INC. 61 Gettysburg Pike Mechanicsburg, PA 17055 Case No. 0' 7 G Civil Term Civil Action 170 Patchway Road Duncansville, PA 16635 and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP 764 Plaza Duncanville, PA 16635 and HOSS'S RESTAURANT OPERATIONS, INC. RD 4 Box 377 Duncansville, PA 16635 and HOSS'S FRANCHISE CORPORATION, INC. One 764 Plaza Duncansville, PA 16635 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Summons in the above case Writ of Summons shall be issued and forwarded to Attorney/Sheriff (Please Circle Cho'ce) Date: 1 l? » ignature of Attorney Print ame: John R. Lenahan Jr. Address: P.O. Box 234 Scranton, Pennsylvania 18501-0234 Telephone #: 570.346.2097 Supreme Court ID Number: 22690 WRIT OF SUMMONS To: Above named Defendants You are notified that the above-named Plaintiff has commenced an tion st o thonotary/ 'v' ivision DATE: /d^-??- ??? as dq By: Deputy D lt..E .may , 2009 NO V 16 PC 12: 2 5 F 4 P'- 0- 3 3?-l MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-tba CMR Attorney for Defendants 210 J~~. i 3 ~s`~ t t ~ ~~ LAURIE OWENS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-7946 vs. HOSS'S STEAK & SEA HOUSE, INC., HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendant CNIL ACTION -LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Hoss's Steak & Sea House, Inc. Hoss's Steak & Sea House Limited Partnership, Hoss's Restaurant Operations, Inc. and Hoss's Franchise Corporation, Inc., in the above captioned case. MARSHALL DENNEHEY WARNER COLEMADY~G~GGIN By: ~ ~ Christopher M. Reeser, Esquire Attorney for Defendants ID# 73672 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: July 8, 2010 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-tba CMR Attorney for Defendants LAURIE OWENS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 09-7946 vs. . HOSS'S STEAK & SEA HOUSE, INC., HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on July 8, 2010, I served a copy of Defendants' Entry of Appearance via First Class United States mail, postage prepaid as follows: John R. Lenahan, Jr., Esquire Lenahan & Dempsey PO Box 234 Scranton, PA 18501-0234 Attorney for Plaintiff ~~ Christopher M. Reeser Lenahan & Dempsey, P.C. By: John R. Lenahan, Jr., Esquire I.D. No. 22690 116 N. Washington Avenue Lenahan & Dempsey Professional Building Suite 400 P.O. Box 234 Scranton, Pennsylvania 18501-0234 (570) 346-2097 Telephone (570) 346-1174Facsimile E-Mail: jrl@lenahandempsey.com F1l.ED-fll~r C~ '~~ ~~:° -2 A~11~ 13 Attorneys for Plaintiff PENI'JSYivasv>A LAURIE OWENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW v. HOSS'S STEAK & SEA HOUSE, INC. and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP and HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendants NOTICE JURY TRIAL DEMANDED CASE NO.: 09-7946 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17103 Phone No:: 717-249-3166 Toll Free No.: 1-800-990-9108 Respectfully submitted, LEN & DE E' BY: ...._ hn R. Lenaha~ r., Esquire 2 Lenahan & Dempsey, P.C. By: John R. Lenahan, Jr., Esquire I.D. No. 22690 116 N. Washington Avenue Lenahan & Dempsey Professional Building Suite 400 P.O. Box 234 Scranton, Pennsylvania 18501-0234 (570) 346-2097 Telephone (570) 346-1174Facsimile E-Mail: jrl@lenahandempsey.com LAURIE OWENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW v. HOSS'S STEAK & SEA HOUSE, INC. and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP and HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendants Attorneys for Plaintiff PLAINTIFF'S COMPLAINT JURY TRIAL DEMANDED CASE NO.: 09-7946 NOW COMES the plaintiff, Laurie Owens, by and through her attorneys, Lenahan & Dempsey, P.C., and by John R. Lenahan, Jr., Esquire, and hereby presents and files the within Complaint setting forth the following: I. INTRODUCTION 3 1.) The plaintiff, Laurie Owens, is an adult and competent individual who resides at 40 Liberty Court, Carlisle, Pennsylvania 17015. 2.) The defendant, Ross's Restaurant Operations, Inc. (hereinafter referred to as either "the defendant" or "Ross's") is a Pennsylvania corporation authorized to conduct and transact business operations within the Commonwealth of Pennsylvania and with a principal place of business and address for mailing at RD4, Box 377, Duncansville, Pennsylvania 16635. 3.) On November 16, 2009, legal proceedings were timely and properly initiated by the plaintiff by the filing of a Summons in Cumberland County, Pennsylvania naming Ross's as a defendant. 4.) Thereafter, in a timely and legally proper manner, the aforesaid Summons was duly served on Ross's (specifically on November 24, 2009). 5.) At all times pertinent hereto, Ross's regularly conducted and transacted its business operations in Cumberland County, Pennsylvania and continues to do so. 6.) At all times pertinent hereto, Cumberland County is the proper county with regard to the jurisdiction of and venue for this matter. 7.) On February 14, 2008, the defendant owned and/or operated a restaurant business known as Ross's Steak & Sea House located at 61 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. 8.) On February 14, 2008, the said restaurant, Ross's Steak & Sea House, was open to the public (to wit: customers) for use. 4 9.) On February 14, 2008, on the subject premises where the aforesaid Hoss's Steak & Sea House restaurant was located, there was situated a parking lot which was open to the public/customers for use. 10.) On February 14, 2008, the real estate on which the aforesaid Hoss's Steak & Sea House restaurant was located was owned by the defendant. 11.) On February 14, 2008, the aforesaid parking lot of Hoss's Steak & Sea House restaurant was owned by the defendant. 12.) On February 14, 2008, and at all times pertinent hereto, Hoss's Steak & Sea House restaurant, the premises on which the restaurant was located and the parking lot also located on the said premises were open to the public and the defendant was responsible for the safety of the restaurant/premises/parking lot to customers while the said premises were subject to customer use. 13.) On February 14, 2008, and at all times pertinent hereto, the defendant acted individually and through its agents, servants and employees (for whom the defendant is responsible). 14.) On February 14, 2008, and at all times pertinent hereto, the defendant itself and through its agents, servants and employees was solely and exclusively responsible for the condition of the restaurant, the premises and particularly the parking lot at the subject business site (as above-described), and in particular the defendant was solely and exclusively responsible for maintenance, inspection, repair, treatment, care, safety and condition of the restaurant/premises/parking lot and was also responsible for the recognition of, treatment of, 5 inspection of, maintenance of and removal of snow/ice on/from the said premises and, in particular, in and on the said parking lot (which was open to the public for use as restaurant customers). 15.) On February 14, 2008, and at all times pertinent hereto, the parking lot at Hoss's Steak & Sea House restaurant was under the ownership and control of the defendant, and the defendant was solely and exclusively responsible for its safety, maintenance, repair, treatment, care, inspection and condition and - -with regard to snow, ice and slippery conditions - -the defendant was responsible for the recognition of, treatment of and inspection of said conditions and for the prevention of icy and slippery conditions and also for the removal of said icy and slippery conditions as required. 16.) All of the allegations in the preceding paragraphs (1 - 15) are incorporated herein by reference as if the same were set forth at length. On February 14, 2008, and at all times pertinent hereto, the defendant was responsible for and liable for the presence of a dangerous, untended, localized patch of ice in the parking lot of Hoss's Steak & Sea House restaurant which hazardous condition led to serious and permanent injuries to the plaintiff, Laurie Owens. II. THE FEBRUARY 14, 2008 FALL 17.) On February 14, 2008, the plaintiff was a business invitee of the defendant's and had been a paying customer at the restaurant known as Hoss's Steak and Sea House. 18.) The plaintiff had parked her motor vehicle in the parking lot on the subject premises upon her arrival on February 14, 2008, said parking lot being open for use by customers of the defendant/restaurant. 19.) After dining at the restaurant, the plaintiff paid her bill and walked into the parking lot in order to get to her parked car. 6 20.) As the plaintiff walked into the parking lot, her feet suddenly and unexpectedly shot out from beneath her and she was thrown up into the air, then landing very forcibly on the ground and suffering serious, permanent and disabling injuries thereby. 21.) As the plaintiff walked into the parking lot, the weather was not inclement; it was not snowing and there were no generally icy conditions. 22.) At all times pertinent hereto, on February 14, 2008, the plaintiff acted in a reasonable and prudent manner and no conduct or failure to act on her part in any way caused or contributed to the happening of the above-described slip and fall. 23.) After falling, the plaintiff reported the event to the defendant's agents, servants and employees and the defendant undertook an investigation which confirmed that the plaintiff did indeed fall in the parking lot on a patch of ice and that weather at the time was clear. Thereafter the defendant took corrective action, spreading anti-skid material. 24.) The plaintiff had no prior warning of the existence of the aforementioned dangerous condition of ice on February 14, 2008 and the defendant provided no warnings of the dangerous, icy conditions in the parking lot. 25.) As a business invitee on the defendant's premises on February 14, 2008, the plaintiff was owed the highest duty of care by Hoss's. 26.) As a direct and proximate result of the above-described negligence of the defendant (to be set forth in greater detail in paragraph 28 hereinafter), the plaintiff sustained serious, permanent and disabling injuries including but not limited to: • chronic pain • loss of consciousness • closed head injury • concussion 7 traumatic brain injury post-concussion syndrome headaches dizziness nausea neck injury left elbow injury left knee injury (traumatic tears requiring surgery) right knee injury mid-back injury low back injury lumbar radiculitis chronic spinal stiffness reduced range of motion spasm (lumbar) left arm numbness left forearm numbness left hand numbness radicular pain into upper and lower extremities with numbness and tingling lumbar disc trauma L4-5 disc herniation cervical disc trauma bilateral buttock pain bilateral thigh pain bilateral calf pain post-traumatic depression anxiety sleep disturbance aggravation of pre-existing conditions post-traumatic arthritic changes neuropraxia potential disfigurement mental anguish embarrassment and humiliation restrictions in work and daily living activities diffuse and severe trauma to the nerves, bones, joints, muscles, fibers and tissues of her body any and all injuries as set forth in the plaintiff's medical records and reports COUNT ONE LAURIE OWENS V. HOSS'S RESTAURANT OPERATIONS, INC. 27.) The plaintiff incorporates by reference the allegations in the preceding paragraphs by 8 reference as if the same were set forth at length. 28.) The defendant whose responsibilities with regard to the safety of business invitees on its premises and particularly in its parking lot have been previously detailed herein was negligent and careless and breached its duties of care to the plaintiff on or about February 14, 2008, individually and through its agents, servants and employees. The actionable carelessness and negligence of Hoss's consisted of the following: a.) failure to maintain the subject parking lot in a safe and proper condition; b.) failure to properly and thoroughly inspect the subject parking lot to determine whether dangerous and hazardous conditions existed on or around February 14, 2008. c.) failure to provide and maintain a reasonably safe parking lot for the use of its customers and/or business invitees; d.) failure to exercise reasonable care in order to maintain the parking lot in a reasonably safe condition for persons walking in and around the said area on February 14, 2008. e.) allowing a hazardous and dangerous icy condition (to wit: an untended, localized patch of ice) to exist in its parking lot on and around February 14, 2008 thereby posing a threat and a danger to foreseeable customers/invitees walking in and around the said area; f.) failure to take reasonable steps and failure to employ reasonable 9 procedures and measures to prevent the formation and/or development of a hazardous and dangerous condition in its parking lot; g.) failure to adequately and properly warn the plaintiff of the existence of a hazardous and dangerous condition in its parking lot as of February 14, 2008, despite knowing that the plaintiff and other invitees would be walking in and around the parking lot that day; h.) failure to locate, identify and tend to a slippery, localized patch of ice in its parking lot on February 14, 2008; i.) failure to treat this icy condition in its parking lot by the use of anti-ski material, rock salt and/or sand and/or by otherwise removing same; j.) failure to flag, cordon off, barricade or warn of a dangerous and hazardous icy condition in its parking lot as of February 14, 2008 when it knew or should have known of the necessity of doing so; k.) failure to fulfill its lawful duties to the plaintiff to ensure that the parking lot was free of dangerous and hazardous conditions on February 14, 2008; I.) failure to have in place and in operation necessary and appropriate maintenance/safety/inspection procedures and practices with regard to the restaurant premises and parking lot 10 to ensure that the previously described dangerous and hazardous icy condition did not develop and continue to exist on February 14, 2008; m.) failure to undertake prompt, competent and workman-like efforts to discern and correct a dangerous and hazardous icy condition in its parking lot through its agents, servants and employees when it knew or should have known that such efforts were necessary; n.) failure to educate and train its employees/staff properly in ice recognition, treatment, maintenance and removal from/on its premises and in particular in its parking lot; o.) failure to have in place routine and necessary maintenance and inspection practices to find dangerous and hazardous conditions on its premises and in its parking lot; p.) failure to inspect the parking lot on its premises on a regularly scheduled basis; q.) failure to apply anti-skid materials and to otherwise treat an icy condition in its parking lot, thereby endangering its customers/invitees; r.) failure to timely find and remedy a hazardous and dangerous condition in its parking lot on February 14, 2008; s.) failure to have non-skid or ice melting substances on hand and 11 convenient to prevent the development of a dangerous and hazardous condition in its parking lot on February 14, 2008; t.) failure to adhere to local and state codes, ordinances, and regulations with regard to the condition of its property and in particular its parking lot. 29.) As a direct consequence of the negligence of the defendant, the plaintiff suffered injuries as set forth in paragraph 26 of this Complaint which allegations are incorporated herein. 30.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the preceding paragraphs, the plaintiff has been rendered sick, sore and disabled and has sustained both physical and mental pain and suffering and potential disfigurement all of which have or will require medical care and treatment into the future. 31.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the proceeding paragraphs, the plaintiff has been and is suffering physical and mental discomfort, inconvenience, anxiety and permanent limitations on her ability to do normal everyday activities and will continue to so suffer permanently into the future. 32.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the preceding paragraphs, the plaintiff has been obligated to receive and undergo medical attention and care, to expend various sums of money and incur various medical expenses for treatment of her injuries and will be so obligated to continue to expend such sums and incur such expenses permanently into the future. 33.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the preceding paragraphs, the plaintiff has endured significant pain and suffering 12 and the effects of her injuries and trauma will cause significant pain, suffering, soreness, limitations and discomfort permanently into the future. 34.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the preceding paragraphs, the plaintiff has sustained the loss the everyday pleasures and enjoyments of life and will continue to suffer permanently into the future. 35.) As a direct and proximate result of the serious, permanent and painful injuries set forth more fully in the preceding paragraphs, the plaintiff has sustained a loss of earnings and/or permanent impairment of her future earning capacity and economic horizons. WHEREFORE, the plaintiff demands judgment against the defendant for an amount in excess of that requiring compulsory arbitration under the applicable statutes of the Commonwealth of Pennsylvania and the local rules of Court. The plaintiff also seeks such damages as are deemed just and proper including, but not limited to, compensatory damages as well as interest, costs, counsel fees and damages for delay. A jury trial is demanded. Respectfully submitted, Lenahan & Dempsey, P.C. BY: hn R. Lena~}a~r(, fir., Esquire 13 VERIFICATION The undersigned, Laurie Owens, hereby verifies that the foregoing Plaintiffs Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of #his lawsuit; that the language of Plaintiff's Complaint is that of counsel and not of signer; that the said Plaintiffs Complaint is subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of the said Plaintiff's Complaint; to the extent that the contents of the said Plaintiffs Complaint are that of counsel, the undersigned has relied upon counsel in making this Verification; that subject to the limitations set forth herein, the said Plaintiff's Complaint is 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., Section 4904, relating to unsworn falsification to authorities. C{,rQ~L/ Laurie Owens Dated `~ ~ ~ ~ ~d CERTIFICATE OF SERVICE I, John R. Lenahan, Jr., Esquire, hereby certify that on this 1st day of September, 2010, the foregoing PLAINTIFF'S COMPLAINT was served upon counsel of record as follows: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, LENA~fAN & DEMP BY: hn R. Lenahan/~r., Esquire 14 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 gums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00379 Attorney for Defendants LAURIE OWENS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS YLVANIA Plaintiff . No. 09-7946 -- vs. HOSS'S STEAK & SEA HOUSE, CIVIL ACTION -LAW t ~ `~ +^~ ~ o ~ -+ INC., HQSS'S STEAK & SEA =~: ~~ ~ - ~,~-n HOUSE LIMITED PARTNERSHIP : ~. s~, -~a -~' : ~ -~ ~-- ~' ~ HOSS'S RESTAURANT "~ ~ '"``' ~~~ ``' OPERATIONS, INC. and HOSS'S ~~ - ---~: o o~ FRANCHISE CORPORATION, ~ ~ ~ ~ ~ ~, INC. ~ c rv ~~ Defendant JURY TRIAL DEMANDED ..~_, ~ CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on October 28, 2010, I served a copy of Defendants' Answer with New Matter and Stipulation of Counsel via First Class United States mail, postage prepaid as follows: John R. Lenahan, Jr., Esquire Lenahan & Dempsey PO Box 234 Scranton, PA 18501-0234 Attorney for Plaintiff Christopher M. Reeser MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00379 Attorney for Defendants LAURIE OWENS Plaintiff . vs. HOSS'S STEAK & SEA HOUSE, INC., HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendant COURT OF COMMON PLEAS ~ ~ `'~ CUMBERLAND COUNTY, PENNS,?t~iIAz-,~ No. 09-7946 ~;: i~ __, ~, , -~ ; , ~n CIVIL ACTION -LAW °~ o~ ,k> ~ ~ ~- n ~'.:r~ sv o ~rn ~ ~ L ~ JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John R. Lenahan, Jr., Esquire Lenahan & Dempsey PO Box 234 Scranton, PA 18501-0234 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAI~.&-~OGGIN By: ~~ - Chris~BjiTier M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: October 28, 2010 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN $y: Christopher M. Reeser, Esquire ID# 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00379 Attorney for Defendants LAURIE OWENS Plaintiff vs. HOSS'S STEAK & SEA HOUSE, INC., HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP HOSS'S RESTAURANT . OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-7946 CIVIL ACTION -LAW ~ ~ c~ ~'' .~r ~^ ,~, ~a ~ ~-=~ ~ ~~ ~° ~~~ -° -? ~ o m ~. ~ r rv JURY TRIAL DEMANDED -~ ~ ` DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted in part and denied in part. It is admitted that plaintiff Laurie Owens is an adult individual. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the remainder of the allegations in Paragraph 1 and therefore, proof thereof is demanded at trial. 2. Admitted. t 3. Admitted that on November 16, 2009, plaintiff instituted this action by filing a Writ of Summons in Cumberland County naming Hoss's as a defendant. The remainder of the allegation in Paragraph 3 is a legal conclusion to which no responsive pleading is required. 4. Admitted that the Writ of Summons was served on Hoss's on November 24, 2009. The remainder of the allegation in Paragraph 4 is a legal conclusion to which no responsive pleading is required. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted that on February 14, 2008, the premises on which the Hoss's Steak and Sea House Restaurant is located and on which the restaurant parking lot is also located was open to the public. The remainder of the allegation in Paragraph 12 is a legal conclusion to which no responsive pleading is required. By way of further answer, the duty owed by Hoss's to its customers is the duty owed by a business owner to business invitees under Pennsylvania law. Business invitees, such as plaintiff, likewise have a responsibility to protect themselves from hazards or dangerous conditions. 13. Admitted. 14. Admitted in part and denied in part. It is admitted that Hoss's itself was solely and exclusively responsible for the condition of the restaurant. It is denied that Hoss's was solely and exclusively responsible for the premises and the pazking lot as Hoss's, on occasion, would delegate that responsibility to its independent contractors. 15. Admitted that on February 14, 2008, the pazking lot at Hoss's Steak and Sea House Restaurant was under the ownership and control of the defendant. The remainder of the allegation in Paragraph 15 is a legal conclusion to which no responsive pleading is required. With regard to the allegations in Pazagraph 15 regazding sole and exclusive responsibility for safety, maintenance, repair, treatment, care, inspection and condition with regazd to snow, ice and slippery conditions, Hoss's denies that it is solely responsible at all times for these conditions as in some instances, responsibility for maintenance, repair, treatment, Gaze, inspection, and condition is delegated to an independent contractor of Hoss's. By way of further answer, the business invitee who is a user of the premises also had a duty of caze to look for dangerous and slippery conditions and to use the appropriate amount of caze when traversing the pazking lot. 16. Defendants' answers to Pazagraphs 1-15 aze incorporated herein by reference as if set forth at length. By way of further answer, it is denied that Hoss's was responsible for or liable for the presence of a dangerous, intended, localized patch of ice in the pazking lot of the Hoss's Restaurant and it is denied that the patch of ice caused serious and permanent injuries claimed by plaintiff Laurie Owens. II. THE FEBRUARY 14, 2008 FALL 17. Admitted that on February 14, 2008, plaintiff was a business invitee of Hoss's. Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of the allegation that she was a "paying" customer at Hoss's at that time. 18. Admitted upon information and belief. 19. Admitted that plaintiff walked into the pazking lot in order to access a pazked caz after dining at Hoss's. The allegation that plaintiff "paid her bill" or walked in the parking lot in order to get to "her parked caz" aze denied as Answering Defendants do not have sufficient information to form a belief as to the truth or falsity of those allegations. 20. Denied pursuant to Pa.R.C.P. 1029(e). 21. Admitted. 22. Denied. 23. Admitted in part and denied in part. It is admitted that after plaintiff claims to have fallen (no employee of Hoss's saw her fall), plaintiff reported to Hoss's employees that she fell. It is admitted that employees of Hoss's undertook an investigation which confirmed that there was a patch of ice in the parking lot and that weather at the time was cleaz. It is admitted that defendants' employee then spread anti-skid or ice melting material on the patch of ice. It is denied that defendants' employee confirmed that plaintiff did indeed fall in the pazking lot. By way of further answer, salt had been applied to the patch of ice approximately two hours before plaintiff reported that she had fallen. 24. Admitted in part and denied in part. It is admitted that defendant did not provide a warning of the patch of ice in the pazking lot such as a sign or a barrier. It is denied that plaintiff had not prior warning of a dangerous or icy condition in the pazking lot. 25. The allegation in Paragraph 25 is a legal conclusion to which no responsive pleading is required. 26. The allegation in Paragraph 26 is a legal conclusion to which no responsive pleading is required. To the extent that the allegation in Pazagraph 26 is deemed to be factual, that allegation is denied pursuant to Pa.R.C.P. 1029(e). COUNT ONE Laurie Owens v. Hoss's Restaurant Ouerations, Inc. 27. No responsive pleading required. 28. The allegations of Pazagraph 28 and subpazagraphs 28(a)-28(t) aze legal conclusions to which no responsive pleading is required. To the extent that the allegations in Paragraph 28 and subparagraphs 28(a~28(t) aze deemed to be factual, those allegations aze denied pursuant to Pa.R.C.P. 1029(e). 29. Denied pursuant to Pa.R.C.P. 1029(e). 30. Denied pursuant to Pa.R.C.P. 1029(e). 31. Denied pursuant to Pa.R.C.P. 1029(e). 32. Denied pursuant to Pa.R.C.P. 1029(e). 33. Denied pursuant to Pa.R.C.F. 1029(e). 34. Denied pursuant to Pa.R.C.P. 1029(e). 35. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants request judgment be entered in its favor. NEW MATTER 36. Plaintiffs' claims or any amendment to those claims may be barred by the applicable statute of limitations. 37. Plaintiffs' claims aze barred or limited by the Pennsylvania Compazative Negligence Act, 42 PA.C.S. §7102. 38. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. 39. Plaintiffs' claims aze barred because Plaintiff could have chosen a safer choice of ways, but elected not to proceed following the safer path. WHEREFORE, Defendants request judgment be entered in its favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN OGGIN By: Christop er M. Reeser, Esquire Attorney for Defendants ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: October 28, 2010 VERIFICATION I, Phil Sukenik, hereby state and avez that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: lQ --2~ - l D 16200-00379/RPD Hoss's Steak & Sea House Lenahan & Dempsey, P.C. By: John R. Lenahan, Jr., Esquire 1.D. No. 22690 Lenahan & Dempsey Professional Building Suite 400 116 North Washington Avenue P.O. Box 234 Scranton, Pennsylvania 18501-0234 (570) 346-2097 Telephone (570) 346-1174 Facsimile E-mail: jr]@lenahandempsey.com LAURIE OWENS, v. Plaintiff(s) HOSS'S STEAK & SEP. HOUSE, lNC. Defendant(s) and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP and HOSS'S RESTAURANT OPERATIONS, INC and HOSS'S FRANCHISE CORPORATION, INC. Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED NO. 09-7946] -' ' T c ~ -, . ~ ~ -~. t _ , ;' . _ '~ °~ r ' -~ ° ~ ~ - ~ =~:--s- '"° ~ ~v °~ --a -= c-, 1> -. ~, STIPULATION OF COUNSEL 1. The Plaintiff s Complaint was filed with this Honorable Court on September 2, 2010. 2. Paragraph 28, Sub-paragraph (t) of the aforesaid Complaint was worded as follows: t.) failure to adhere to local and state codes, ordinances, and regulations with regard to the condition of its property and in particular its parking lot. 3. By stipulation of counsel, Paragraph 28, Sub-paragraph (t) of the Plaintiff s Complaint, as worded, is hereby withdrawn. 4. By stipulation of counsel, Paragraph 28, Sub-paragraph (t) is hereby replaced with and/or amended by the following allegations: t.) failure to adhere to the provisions of the Township of Lower Allen (Pennsylvania) Code (Chapters 70, 162 and 187) as well as the Uniform Construction Code (Chapters 401 through 405) and the 2006 International Property Maintenance Code (as relates to non-residential property care and maintenance) with regard to the condition of the subject parking lot. 5. By stipulation of counsel, Paragraph 28, Sub-paragraph (t) as replaced and/or amended is deemed to be denied by the defendants pursuant to the applicable provisions of the Pennsylvania Rules of Civil Procedure. 6. It is agreed that the foregoing Stipulation of Counsel is deemed to have the same force and effect as an Order of Court. LENAHAN & DEMPSEY, P.C. BY Christopher M. Reeser, Esquire Attorney for Defendants 2 YJ Lenahan & Dempsey, P.C. By: John R. Lenahan, Jr., Esquire I.D. No. 22690 116 N. Washington Avenue Lenahan & Dempsey Professional Building Suite 400 P.O. Box 234 Scranton, Pennsylvania 18501-0234 (570) 346-2097 Telephone (570) 346-1174Facsimile E-Mail: jrl@lenahandempsey.com LAURIE OWENS Plaintiff V. HOSS'S STEAK & SEA HOUSE, INC. and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP and HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendants ^' F °'., t? '? t try} ? Y•A {'?l! t , lae ? l ;_ r , 1 " Attorneys for Plaintiff 12 P 1 31: - ?- kaLA4 ,J to a wy ',{ z , iat^.r? ?Ii ?R13, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -- LAW JURY TRIAL DEMANDED CASE NO.: 09-7946 PLAINTIFF'S ANSWER TO NEW MATTER NOW COMES the plaintiff and answers the New Matter allegations of the defendants as follows: 36.) Denied. The averments contained in paragraph 36 are denied pursuant to Pennsylvania Rule of Civil Procedure #1029 (c-e). By way of further defense, the claims made by the plaintiff have been submitted to the Court in a proper and timely fashion and within the applicable statute of limitations. 37.) Denied. The averments contained in paragraph 37 are denied pursuant to Pennsylvania Rule of Civil Procedure #1029 (c-e). By way of further defense, it is denied that the claims of the plaintiff are barred by or limited by the Pennsylvania Comparative Negligence Act; at all times pertinent hereto the plaintiff acted reasonably and properly and was free of any and all liability-producing conduct. 38.) Denied. The averments contained in paragraph 38 are denied pursuant to Pennsylvania Rule of Civil Procedure #1029 (c-e). By way of further defense, it is denied that the defendants owed no duty to the plaintiff as is alleged in paragraph 38. 39.) Denied. The averments contained in paragraph 39 are denied pursuant to Pennsylvania Rule of Civil Procedure #1029 (c-e). By way of further defense, it is denied that the plaintiff could have chosen a safer choice but elected not to do so. At all times pertinent hereto, the plaintiff acted reasonably and properly and was free of any and all liability-producing conduct. WHEREFORE, the plaintiff demands judgment in her favor and against the defendants with regard to the allegations contained in their New Matter. Respectfully submitted, 2 Lenahan & Dempsey, P.C. VERIFICATION The undersigned, Laurie Owens, hereby verifies that the foregoing PLAINTIFF'S ANSWER TO NEW MATTER of the Defendants is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit; that the language of PLAINTIFF'S ANSWER TO NEW MATTER of the Defendants is that of counsel and not of signer; that the said PLAINTIFF'S ANSWER TO NEW MATTER is subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in the preparation of the said PLAINTIFF'S ANSWER TO NEW MATTER; to the extent that the contents of the said PLAINTIFF'S ANSWER TO NEW MATTER are that of counsel, the undersigned have relied upon counsel in making this Verification; that subject to the limitations set forth herein, the said PLAINTIFF'S ANSWER TO NEW MATTER is true and correct to the best of our knowledge, information and belief. 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. Laurie Owens Dated: 11 11110 f CERTIFICATE OF SERVICE I John R. Lenahan Jr. Esquire, hereby certify that on this day of November, 2010, the foregoing PLAINTIFF'S ANSWER TO NEW MATTER was served upon counsel of record as follows: Christopher M. Reeser, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Respectfully submitted, LENAIPM- '%MPSEY, P.C. BY: OfUhn R. Len han, , Esq Attorney for lai iff 3 CERTIFICATE C-) C *.3 rz) rn PREREQUISITE TO SERVICE OF A SUBPOENA Cfi P R ? nJ ?? U SUANT TO RULE 4009.22 ., a r IN THE MATTER OF: Court of Common Pleas - Cumberland County PA--: - ?J LAURIE OWENS TERM: vs. HOSS'S STEAK HOUSE & SEA HSE, ET AL CASE No: 09-7946 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of CHRISTOPHER RFF';FR Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 12/14/2010 RecordTrak on behalf of /S/ CHRISTOPHER REESER Attorney for Defendant RT#: 216619 RECORDS PERTAIN TO: LAURIE OWENS LAURIE OWENS COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: / / HOSS'S STEAK HOUSE & SEA HSE, ET DOCKET: 09-7946 AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: JOHN LENAHAN, ESQ. LENAHAN & DEMPSEY SUITE 400 KANE BUILDING SCRANTON, PA 18503 (717) 346-1174 November 24, 2010 Please take notice that on behalf of CHRISTOPHER REESER, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until December 14, 2010 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY December 14, 2010 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Lisa Kaub 610-354-8321 REcoRDTRAx 651 Allendale Road P. 0. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG CORD CUSTODIAN MATERIALS BEING OBTAINED 1 BURICK & AZIZKHAN 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND INTERNAL MED ASSOCIATES HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND L RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE CORDS***********INCLUDING BUT NOT LI [ITED TO RECORDS FROM WHEN YOUR FACILITY WAS KNOWN AS : BURICK & AZIZKHAN [ INTERNAL MEDICAL ASSOC.*** 2 HOLY SPIRIT HOSPITAL 1. ALL MEDICAL RECORDS IN YOUR POSSESSION.PLEASE BE SURE TO (MED) INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. LAURIE OWENS vs. HOSS'S STEAK HOUSE & SEA HSE, ET AL TD ORTHOPAEDIC ;EONS OF CENTRAL PA, 4 HEALTHSOUTH REHAB F MECHANICSBURG COURT: Court Of Common Pleas - Cumberland County, Pa TERM: / / DOCKET: 09-7946 ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND AND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, ADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, UESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER HYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION HEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND LL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE TTACHED CERTIFICATION AND RETURN WITH THE 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET.PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: ------------------------------------------------------------------------------------------------------------------------------------ YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: FIRM: EMAIL: Date: Page 2 RE: LAURIE OWENS vs. HOSS'S STEAK HOUSE & SEA HSE, ET AL CASE NO. 09-7946 RECORDTRAK FILE #: 216619; TAG 1 LOCATION: BURICK & AZIZKHAN INTERNAL MED ASSOCIATES RECORDS PERTAIN TO: LAURIE OWENS SS #: 146-62-9978, DOB: 11/01/1959 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS******** 'INCLUDING *INCLUDING BUT NOT LHVIITED TO RECORDS FROM WHEN YOUR FACILITY WAS KNOWN AS : BURICK & AZIZKHAN INTERNAL MEDICAL ASSOC.*** To: BURICK & AZIZKHAN INTERNAL MED ASSOCIATES 888 POPLAR CHURCH ROAD CAMP HILL. PA 17011 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Laurie Owens V Fife No. 09-7946 Hoss's Steak & Sea House, ET AL.,; SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: BURICK & AZIAKHAN INTERNAL MED (Name of Parson or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: DEFENDANT at RecordTrak. 651 Allendale Rd. PO lox $1591. ing of Pru , PA IYA06 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 may have the right to seek in advance the reasonable cost of preparing 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: Narne: RecordTrak Christopher Reeser. E Address: 651 Allendale Rd, PO Box 61591 Klag of Prussia. PA 19406 Telephone: 600-801-7620 Supreme Covert IN Attorney for: L)EFENDANT J BY THE COURT: RE: LAURIE OWENS vs. ROSS'S STEAK HOUSE & SEA HSE, ET AL CASE NO. 09-7946 RECORDTRAK FILE #: 216619; TAG 2 LOCATION: HOLY SPIRIT HOSPITAL (N ED) RECORDS PERTAIN TO: LAURIE OWENS SS #: 146-62-9978, DOB: 11/01/1959 1, ALL MEDICAL RECORDS IN YOUR POSSESSIONTLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. T0: HOLY SPIRIT HOSPITAL (MED) RECORL)TRAK 503 N. 21ST STREET 651 Allendale Road CAMP HILL, PA 17011 P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Laurie Owens Y V . File No. 09-7946 Hose's Steak & See House, ET AL.,: TO: HOLY SPIRIT HOSPITAL(med) (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: SEE ATTACHED RIDER. at Recordl'rak 859 Allendale Rd.PO Box 61$91, King of Prussia PA 1>?4Q16 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought. If you fall 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. RecordTrak. Christopher Reeser. Esa. Address: 651 Allendale Rd. PO Box 61591 King of Prussia. E619406 Telephone: 800-801-7620 Supreme Court ID# Attorney for., DEFENDANT DATE- s BY THE COURT: a AA A It e% r% 9kb.- P fionotary! Clerk CI VII Dlvis n b fEV-r.D O . u? L L RE: LAURIE OWENS vs. HOSS'S STEAK HOUSE & SEA HSE, ET AL CASE NO. 09-7946 RECORDTRAK FILE #: 216619; TAG 3 LOCATION: ORTHOPAEDIC SURGEONS OF CENTRAL PA, LTD RECORDS PERTAIN TO: LAURIE OWENS SS #: 146-62-9978, DOB: 11/01/1959 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* To: ORTHOPAEDIC SURGEONS OF CENTRAL PA, LTD 550 N. 12TH STREET LEMOYNE. PA 17043 "coRDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Laurie Owens V . File No. 49-7946 Hoss's Steak & Seal House, ET AL.,: , h??,j s PA To: liir '-r?+ s? A?e (Hama 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: SEE ATTACHED RIDER. at RecordTrak. 651 Allendale Rd PO Box 01x91. Kina of Pruss PA 19406 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 may have the right to seek In advance the reasonable cost of preparing copies or producing the things sought. If you fall 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: RecordTrak. Christopher Ree?r Esa Address: 051 Allendale Rd PO Box 81591 King of Prussia PA 19406 Telephone; 800-801-7620 Supreme Court 10# Attorney for: ,,x. I7kX RANT DATE: e?.bfe Court BY THE COURT: I thonotary/Clark, C iI Division bAY:ED b."I3u1ELL- RE: LAURIE OWENS vs. HOSS'S STEAK HOUSE & SEA HSE, ET AL CASE NO. 09-7946 RECORDTRAK FILE #: 216619; TAG 4 LOCATION: HEALTHSOUTH REHAB OF Iv1ECHANICSBURG RECORDS PERTAIN TO: LAURIE OWENS SS #: 146-62-9978, DOB: 11/01/1959 1. ALL MEDICAL RECORDS IN YOUR POSSESSION. INCLUDE OFFICE AND HAND WRITTEN NOTES, TEST RESULTS INCLUDING LABORATORY, RADIOLOGY AND PATHOLOGY REPORTS, CORRESPONDENCE, QUESTIONNAIRES/HISTORY & RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEETYLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ********PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS********* To: HEALTHSOUTH REHAB OF MECHANICSBURG 175 LANCASTER BLVD MECHANICSBURG. PA 17055 REcoRDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Laurie Owens ; V Fife No. 09-7946 Hors's Steak & Sea House, ET AL.,: TO: HEALTHSOUTH REHAB OF MECHANICSBURG (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the foitowing documents or things: ___...S.EE ATTACHED RIDER. at Recard7rak 651 Allendale Rd PO Box 6115911, Mag,of P,fussia PA 1 406 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 may have the right to seek In advance the reasonable cost of preparing 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: RecordTrak,_ Christopher Reeser Address: 51 Al rule Rd, PO Box 61591 King pf Prussia, PA 12106 Telephone: 600-801-7620 Supreme Court ID# Attorney for:.: DEFERUNDIT .. DATE .?Yr^?i$ Court .?- i BY THE COURT: tsoxICL lb-*'.LL Lenahan & Dempsey, P.C. By: John R. Lenahan, Jr., Esquire I.D. No. 22690 Lenahan & Dempsey Professional Building Suite 400 116 North Washington Avenue P.O. Box 234 Scranton, Pennsylvania 18501-0234 (570) 346-2097 Telephone (570) 346-1174 Facsimile LAURIE OWENS, Plaintiff V. HOSS'S STEAK & SEA HOUSE, INC. and HOSS'S STEAK & SEA HOUSE LIMITED PARTNERSHIP and HOSS'S RESTAURANT OPERATIONS, INC. and HOSS'S FRANCHISE CORPORATION, INC. Defendants THE PROTHo 7011 MA Y 26 All 10.6 3 CUM6ERLAN CIO r Attorneys for Plaintiff FINNS YLVA IA 'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO. 09-7946 PRAECIPE FOR DISCONTINUANCE TO: Prothonotary Kindly discontinue the captioned action of ohn R. LenahanY.Ir. ' 1 - AND NOW, this day of , 2011, the captioned action is discontinued of record with prejudice. BY THE OURT: -k 4 '1A A r% BY: to ?Q,f??d Q. ?3cCt,2( ,fir y