HomeMy WebLinkAbout01-0554 In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES, INC.,
Defendants
No. 01-554
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 Notice and Complaint are served, by
entering a written appearance personally, or by attorney, and filing in writing with the Court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you, and a judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH ON THE FOLLOWING PAGE TO F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square, Fourth Floor
Carlisle, PA 17013
(717) 240-6200
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES INC.,
Defendants
No. 01-554
COMPLAINT
AND NOW, come the Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through their
counsel, and file this Complaint, asserting the following in support thereof:
1. Plaintiff is Joyce M. Raudabaugh, an individual who resides at 388 Old Stonehouse
Road, Mechanicsburg, Pennsylvania, 17055.
2. Plaintiff is John Raudabaugh, an individual who resides at 388 Old Stonehouse Road,
Mechanicsburg, Pennsylvania, 17055.
3. At all times material hereto, Plaintiffs were wife and husband.
4. Defendant is Kenmar Enterprises Inc., a corporation organized and existing pursuant
to the laws of the state of Pennsylvania, having its principal place of business located at 608 East
High Street, Carlisle, Pennsylvania, 17013.
5. The Defendant is the lessee of certain property located at 608 East High Street,
Carlisle, Pennsylvania, and pursuant to such lease agreement has assumed all responsibility for
maintenance, operation and supervision of such property.
6. The property located at 608 East High Street, Carlisle, Pennsylvania, is improved by
means of a restaurant located on that property, identified as a McDonald's Restaurant.
7. The McDonald's Restaurant located at the 608 East High Street, Carlisle,
Pennsylvania, location is operated and maintained by the Defendant, Kenmar Enterprises.
8. The Defendant holds itself out as providing services to the public in the form of a
restaurant located at the aforementioned location. As such, Defendant provides a physical location
for members of the public to visit in order to purchase food and, ancillary thereto, to use certain
restroom facilities provided by Defendants, In the course of this business, Defendants invite and
expect the public to visit such facilities.
9. On December 18, 1999, Plaintiff, Joyce Raudabaugh, visited the 608 East High Street
location to visit and patronize the restaurant maintained by Defendants.
I 0. On that date, and for a period of time prior to Plaintiff's visit, a collection of water
and/or other liquid substance was located on the floor of the restaurant.
2
11. The water or other substance located on the floor of the restaurant was present for
such time that Defendants knew, or should have known, of its presence and the danger posed by such
substance to patrons.
12. In her visit to the restaurant on December 18, 1999, the Plaintiff, Joyce Raudabaugh,
stepped into and upon the water or other substance on the floor of the restaurant and, as a result
thereof, was caused to slip and fall to the floor.
13. As a result of the slip and fall of Plaintiff, she incurred certain injuries, including but
not limited to her shoulder, back and leg.
COUNT I - NEGLIGENCE
JOYCE RAUDABAUGH Vs. KENMAR ENTERPRISES INC.
14. The averments of Paragraphs 1 through 13, set forth above, are incorporated herein
as if set forth at length.
15. The Defendant was negligent in the operation and maintenance of the restaurant
facility, generally and specifically in the following particulars:
(a) In allowing an accumulation of water and/or other substances to
accumulate on the floor of the restaurant;
(b) In failing, in a timely and efficient manner, to clean up or otherwise
remove the accumulation of water or other substances from the floor of the
restaurant;
3
(c) In failing to post any warning or give any other notice to Plaintiff of
the existence of the accumulation of water or other substances on the floor of the
restaurant prior to her fail; and,
(d) In failing to regularly inspect the area of the restaurant in which
Plaintiff fell, which inspection, if conducted, would have revealed the existence of
the accmnulation of water or other substance which caused Plaintiff's fall.
16. But for the negligence of Defendants, set forth above, Plaintiff would not have failen
and the injuries suffered would not have been incurred.
17. As a result of her injuries, Plaintiff has suffered great pain, suffering, inconvenience,
annoyance, humiliation and embarrassment.
18. As a further result to her injuries, Plaintiff has been fomed to incur medical expenses
in an endeavor to cure herself of her injuries.
19. As a further result of the injuries incurred, PlaintilThas suffered a loss of wages due
to an inability to work subsequent to the fall.
WHEREFORE, Plaintiff, Joyce M. Raudabaugh, demands damages in an amount exceeding
the jurisdictional amount requiring arbitration referrai by Local Rule,
COUNT II - NEGLIGENCE/CONSORTIUM
JOHN RAUDABAUGH Vs. KENMAR ENTERPRISES INC.
4
20. The averments of Paragraphs 1 through 19, set forth above, are incorporated herein
as if set forth at length.
21. As a result of the injuries incurred by his wife, Joyce Raudabaugh, the Plaintiff, John
Raudabaugh, has been deprived of her services, companionship and consortium.
WHEREFORE, Plaintiff, John Raudabaugh, demands damages in an amount exceeding the
jurisdictional amount requiring arbitration referral by Local Rule.
Date: July / g~> ,2001
JURY TRIAL DEMANDED
REILLY, WOLFSON, SHEFFEY, SCHRUM
Counsel for Plaintiffs
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to
authorities.
Joyce M~d a~ugh
VERIFICATION
I verify that the statements made in the foregoing Complaint are tree and correct to the
best of my knowledge, information and belief. 1 understand that false statements herein are
made subject to the penalties of 18 Pa.C,S.A. § 4904, relating to unswom falsification to
authorities.
(/John Raudabaugh ~
JOYCEM. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMARENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-554
CIVIL ACTION - LAW
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Defendant Kenmar Enterprises, Inc. in
the above matter.
:138505.1
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
by: ~.~ ...___.____ ~'~
J~'mes l~_'_¥hom'=~-~i Esquire
Brooks R. Foland, Esquire
I.D. Nos. 15613/70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7617
CERTIFICATE OF SERVICE
I, Brooks R. Foland, Attorney for Thomas, Thomas & Hafer, LLP, hereby certify
that a copy of the foregoing document was served upon the following, by enclosing a true
and correct copy in an envelope addressed as follows, postage prepaid:
Henry W. Fenton, Esquire
Reilly, Wolfson, Sheffey,
Schrum & Lundberg
1601 Cornwall Road
Lebanon, PA 17042
THOMAS, THOMAS & HAFER, LLP
James K. Thomas, II,'E"~3m
Brooks R. Foland, Esquire
I.D. Nos. 15613/70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7617
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
VS.
KENMAR ENTERPRISES INC.,
Defendants
No. 01-554
CERTIFICATE OF SERVICE
Harry W. Fenton hereby certifies that he is counsel for Plaintiffs, Joyce M. and John
Raudabaugh, and that as such he served a copy of the Complaint filed in this matter upon the
Defendant, Kenmar Enterprises Inc., at 608 East High Street, Carlisle, Pennsylvania, 17013, by
Certified Mail, 7099 3220 0001 9483 9598, return receipt requested. Said return receipt can'd,
being attached as Exhibit "A", shows a receipt date of July 24, 2001.
Date: July ~" ,2001
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
By: ~5~656~
Counsel for Plaintiffs
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
· Complet~ items ~, 2, and 3. Nso ~omplete
Item 4 if Re~rt~ted D~lvery is desired.
· mm your nam~ and address on the reveme
so that we can return the ca~ to you.
· Attach this card to the baok of the n~Jlplece,
or on the front if space permit~.
KENMAR ENTERPRISES INC
608 EAST HIGH STREET
CARLISLE PA 17013
O. ~/~a~,v~ a~ dif~ fl13m ~tem 1 ? rlye~
2. ,~,le Number (Copy from ~rv~e ~/)
PS Form 3811,
i-i Registered I-i Return Receipt for Merchand~
rl Irmured Mail C3 C,O,D.
4, Restdcted ~ive~? (Extra Fee) I~ Yes
7099 3220 0001 9483 9598
,~OYCE I~1. RAUDABAUGH AND ~OHN
RAUDABAUGH~
PLAINTIFFS
VS.
KENMAR ENTERPR~SESv ZNC.,
DEFENDANT
TN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANZA
NO. 0Z-554
C'rv'rL ACT'rON - LAW
NOTZCE TO PLEAD
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 entered against you.
ANSWER Wl'rH NEW HATTER
1. Denied. Answering Defendant is without information or belief as to the truth of
the averments of paragraph i of Plaintiffs' Complaint and the same are therefore denied and
proof thereof is demanded at time of trial.
2. Denied. Answering Defendant is without information or belief as to the truth of
the averments of paragraph 2 of Plaintiffs' Complaint and the same are therefore denied and
proof thereof is demanded at time of trial.
3. Denied, Answering Defendant is without information or belief as to the truth of
the averments of paragraph 3 of Plaintiffs' Complaint and the same are therefore denied and
proof thereof is demanded at time of trial.
4. Denied as stated. It is admitted only that Defendant Kenmar Enterprises, Inc. is
a Pennsylvania corporation which has as its principal place of business an office at 123 South
Pitt Street, Carlisle, PA 17013. Any and all other allegations contained in paragraph 4 are
specifically denied and strict proof thereof is demanded at time of trial.
5. Denied as stated. ]~t is admitted only that Defendant Kenmar Enterprises, Inc. is
a franchisee of and operates a McDonald's restaurant located at 608 East High Street, Carlisle,
PA. Any and all other allegations contained in paragraph 5 are specifically denied and strict
proof thereof is demanded at time of trial.
6. Denied as stated. It is admitted only that a McDonald's restaurant is located at
608 East High Street, Carlisle, PA. Any and all other allegations contained in paragraph 6 are
specifically denied and strict proof thereof is demanded at time of trial.
7. Admitted.
8. Denied as stated. It is admitted only that Defendant's restaurant located at 608
East High Street in Carlisle, PA is open to the public during regular business hours. Any and all
other allegations contained in paragraph 8 are specifically denied and strict proof thereof is
demanded at time of trial.
9. Admitted based upon information and belief.
10. Denied. It is specifically denied that the collection of water and/or other liquid
substance was located on the floor of the restaurant for any period of time prior to Plaintiff's
visit at the restaurant on December 18, 1999. Any and all other allegations contained in
paragraph 10 are specifically denied and strict proof thereof is demanded at time of trial.
11. Denied. It is specifically denied that Defendant knew or should have known of
the presence of any water or other substance located on the floor of the restaurant on the date
in question or that Defendant knew or should have known any danger posed by any water or
other substance on the floor on the date in question. Any and all other allegations contained in
paragraph 11 are specifically denied and strict proof thereof is demanded at time of trial.
12. Denied. Answering Defendant is without information or belief as to the truth of
the averments of paragraph 12 of Plaintiffs' Complaint and the same are therefore denied and
proof thereof is demanded at time of trial.
13. Denied. Answering Defendant is without information or belief as to the truth of
the averments of paragraph 13 of Plaintiffs' Complaint and the same are therefore denied and
proof thereof is demanded at time of trial.
2
COUNT ! - NEGLZGENCE
3ovce RaudabauQh v. Kenmar Enterprises. !nc,
14. Answering Defendant incorporates by reference the answers to Plaintiffs'
Complaint as though the same were fully set forth herein at length.
15. (a-d) Denied. The allegations contained in paragraphs 15 a-d are
conclusions of law to which no response is required. To the extent a response is deemed to
be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e).
16. Denied. The allegations contained in paragraph 16 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the
allegations are denied pursuant to Pa.R.C.P. 1029(e).
17. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 17 of Plaintiffs' Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
18. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 18 of Plaintiffs' Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
19. Denied. Answering Defendant is without information or belief as to the truth
of the averments of paragraph 19 of Plaintiffs' Complaint and the same are therefore denied
and proof thereof is demanded at time of trial.
WHEREFORE, Defendant Kenmar Enterprises, ThC. respectfully requests that
judgment be entered in its favor and against Plaintiffs .loyce M. and .lohn Raudabaugh.
COUNT !Z - NEGLZGENCE/CONSORT!Ur4
3ohn Raudabauah v. Kenmar Enterprises, !nc.
20. Answering Defendant incorporates by reference the answers to Plaintiffs'
Complaint as though the same were fully set forth herein at length.
21. Denied. The allegations contained in paragraph 21 are conclusions of law to
which no response is required. To the extent a response is deemed to be required, the
allegations are denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant Kenmar Enterprises, 1nc. respectfully requests that
judgment be entered in its favor and against Plaintiffs .loyce M. and 3ohn Raudabaugh.
NEW MATTER
Plaintiffs' claims are barred by the expiration of the applicable statute of
22.
limitations.
23.
24.
Plaintiffs' claims are barred by the doctrines of waiver and/or estoppel.
Plaintiffs' claims are barred or reduced by Plaintiffs' contributory or
comparative negligence.
Plaintiffs' injuries and/or damages, if any, were caused by parties other than
25.
Defendant.
26,
Even if Plaintiff fell on water or another wet substance on the floor of
Defendant's restaurant, which is specifically denied, Defendant had no notice of the water or
other substance on the floor prior to Plaintiff's accident.
WHEREFORE, Defendant Kenmar Enterprises, Thc. respectfully requests that
judgment be entered in its favor and against Plaintiffs .]oyce M. and 3ohn Raudabaugh.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
by:
squire
I,D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) :)55-76:)6
:139273.1
Attorneys for Defendant
4
VER'rFZCATZON
I, Ken Levine, have read the foregoing Answer with New Matter and hereby affirm that
it is true and correct to the best of my personal knowledge, information and belief. This
Verification and statement is made subject to the penalties of i8 Pa.C.S, § 4904 relating to
unsworn l~alsification to authorities; I verify that all the statements made in the f~oregoing are
true and correct and that false statements may subject me to the penalties of 18 Pa.C,S. §
4904.
CERTZFZCATE OF SERVZCE
AND NOW, this day of ,200_/, I, Coleen M. Polek, of the
law firm of Thomas, Thomas 8~ Hafer, hereby certify that ! sent a true and correct copy of
the foregoing document by placing a copy of the same in the United States Mail, postage
prepaid, to the following:
Harry W. Fenton, Esquire
Reilly, Wolfson, Sheffey,
Schrum 8~ Lundberg
1601 Cornwall Road
Lebanon, PA 17042
Coleen M. Polek
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES INC.,
Defendants
No. 01-554
REPLY TO NEW MATTER
AND NOW, come the Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through
their counsel, and reply to the New Matter of Defendant, as follows:
22. The averment of Paragraph 22 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 22 is
denied.
23. The averment of Paragraph 23 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 23 is
denied.
24. The averment of Paragraph 24 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 24 is
denied.
25. The averment of Paragraph 25 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 25 is
denied.
26. Denied. It is denied that Defendant lacked notice of the water or other substance
on the floor prior to Plaintiff's fall. To the contrary, and for the reasons set forth in Plaintiffs'
Complaint, Defendant had notice of} or should have taken notice of, the substance on the floor.
WHEREFORE, Plaintiffs request judgment as set forth in their Complaint.
Date:
,2001
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
By:
I4~y W. Fenton, ID #55656
Counsel for Plaintiffs
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
2
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the
best of my knowledge, information m~d belief. I understand that false statements herein are
made subject to the penalties o[~ 18 Pa.C.S.A. § 4904, relating to unswom falsification to
authorities.
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES INC.,
Defendant
No. 01-554
MOTION TO COMPEL DISCOVERY
AND NOW comes Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through their
counsel, and move this Court to enter an Order pursuant to Pa.R.C.P. 4019(a) compelling
Defendant to serve full and complete answers to Plaintiffs' Interrogatories propounded to
Defendant, and assert the following in support thereof:
1. Plaintiffs instituted this action by Complaint on September 5, 2001.
2. Pursuant to Pa.R.C.P. 4005 and 4009.1, Plaintiffs served Defendant with
Interrogatories and Requests for Production on September 5, 2001, copies of the cover letter and
signed certified mail receipt to which the Interrogatories were attached is attached hereto as
Exhibit A.
3. Answers to these Interrogatories and Requests for Production were due, pursuant
to Pa.R.C.P. 4006 and 4009.12, on October 5, 2001.
4. To date, Defendant has failed and refused to respond to the Interrogatories and
Requests for Production.
WHEREFORE, Plaintiff respectfully requests that this Court enter an Order directing
Defendant to serve full and complete answers to Plaintiff's Interrogatories within twenty (20)
days.
Date: January
~-~, 2002
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
By:
Counsel for Plaintiff
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to
authorities.
Greer H. An~terson
Frederick $. Wolf~on
Timothy D. 5heffey
Loren A. Schrum
Paul A. Lundberg
Paul C. Bametzreider
Harry W. Fenton
John I. Ferry, Ir.
Michelle R. Calvert
Colleen S, Gallo
LAW OFFICE5
REILLY, WOLFSON, SHEFFEY,
sCHRUM & LUNDBERG
1601 Cornwall Road, Lebanon, Pennsylvania 17042-7460
(717) 273-3733 Fax (717) 273-1535
rwssl@leblaw.com www.leblaw.com
August 30, 2001
l~ranch Office:
112 West Main Avenue
Myerstown, PA 17067-1019
(717) 86&9095
Fax (7~73 s66-9160
James T. Reilly
0964-2OOO)
Brooks R. Foland, Esquire
THOMAS THOMAS & HAFER LLP
P.O. Box 999
Harrisburg, PA 17108
Re: John Raudabaugh, et ux v. Kenmar Enterprises Inc.
Dear Mr. Foland:
Enclosed you will find an original and one copy of Interrogatories directed tO the
Defendant. Also enclosed is an original and one copy of a Request for Production of
Documents, also directed to the Defendant.
Sincerely,
REILLY, WOLFSON, SffEFFEY, SCHRUM
AND LUNDBERG LLP
Harry W. Fenton
HWF/rmc
Enclosures
cc: John and Joyce M. Raudabaugh (w/o encs.)
Serving our C~ents tbr EO years
OO~:~
~DD(3
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES INC.,
Defendants
No. 01-554
REPLY TO NEW MATTER
AND NOW, come the Plaintiffs, Joyce M. Raudabaugh and John Raudabaugh, through
their counsel, and reply to the New Matter of Defendant, as follows:
22.
required.
denied.
23.
required.
denied.
The averment of Paragraph 22 is a conclusion of law to which no response is
To the extent a response may be deemed necessary, the averment of Paragraph 22 is
The averment of Paragraph 23 is a conclusion of law to which no response is
To the extent a response may be deemed necessary, the averment of Paragraph 23 is
24. The averment of Paragraph 24 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 24 is
denied.
25. The averment of Paragraph 25 is a conclusion of law to which no response is
required. To the extent a response may be deemed necessary, the averment of Paragraph 25 is
denied.
26. Denied. It is denied that Defendant lacked notice of the water or other substance
on the floor prior to Plaintiff's fall. To the contrary, and for the reasons set forth in Plaintiffs'
Complaint, Defendant had notice of, or should have taken notice of, the substance on the floor.
WHEREFORE, Plaimiffs request judgment as set forth in their Complaint.
Date:
,2001
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
By: IJ~ W. Fenton, ID #55656
Counsel for Plaintiffs
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733
2
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to
authorities.
]OYCE M. RAUDABAUGH :
and JOHN RAUDABAUGH, :
Plaintiffs :
V. :
.'
KENMAR ENTERPRISES, INC.,:
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-0554 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of February, 2002, upon consideration of Plaintiffs'
Motion To Compel Discovery, a Rule is hereby issued upon Defendant to show cause
why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
~"reer H. Anderson, Esq.
1601 Cornwall Road
Lebanon, PA 17042
Attorney for Plaintiffs
~Brooks R. Foland, Esq.
305 North Front Street
Sixth Floor
Harrisburg, PA 17108
Attorney for Defendant
BY THE COURT,
esley OleXt~r., J.
:rc
THOMAS, THOMAS & HAFER LLP
Brooks R. Foland, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 255-7626
(717) 237-7105 (Fax)
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMAR ENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-554
CIVIL ACTION - LAW
NOTICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve 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 will be served.
THOMAS, THOMAS & HAFER LLP
Date: April 9, 2002
CERTIFICATE OF SERVICE
AND NOW, this 9th day of April, 2002, I, BARBARA ONORATO, a paralegal in the law firm
of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing
document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the
following:
Harry W. Fenton, Esquire
Reilly, Wolfson, Sheffey,
Schrum & Lundberg
1601 Cornwall Road
Lebanon, PA 17042
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMAR ENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-554
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
To: Custodian of Records, Dr. Rodney Hough
(Name of Person or Entity)
Within twenty (20) days al/er service of this subpoena, you are ordered by the court to produce the following documents or things:
Any and all medical records, reports, treaunant notes, diagnostic tests, correspondence, writings, etc. for treatment
rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front S~'eet, POB 999, Harrisburg, PA 17108
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 a~vance, the reasonable cost of preparing the copies or producing the things
sought
If you fail to produce the documents or things required hy this subpoena, within/wenty (20) days after its service, the party serving this subpoena may seek a
couts order compelling you to comply with it
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Brooks R. Foland. Escluire
ADDRESS 305 N. Front Sa'eet, POB 999
Harrisburg, PA 17108
TELEPHONE: (717) 255-7626
SUPREME COURT ID No: 70102
ATTORNEY FOR: Defendant
DATE:
prothonotaly/Clerk, Civil Divisinn
Deputy
Seal of the Court
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMAR ENTERPRISES, INC.,
DEFENDANT
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-554
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Custodian of Records, Carlisle Hospital
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the cour~ to produce the following documents or things:
Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treat~nent
rendered on behalfofJoyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108
You may deliver or mail legible copies of the documents or produce things requerted by this subpoena, together with the certificate of compliance, to the pa~y
making this request at the address listed above You have the right to seek, in adv~mce, the reasonable cost of preparing the copie~ or producing the things
sought.
If you fail to produce the document~ or things required by this subpoena, within twenty (20) days after its service, the patty serving tl~i$ subpoena may seek a
court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME; Brooks R. Foland, Esouire
ADDRESS 305 N. Front Street, POB 999
Harrisburg, PA 17108
TELEPHONE: (717) 255-7626
SUPREME COURT ID No: 70102
ATTORNEY FOR: Defendant
DATE:
PmthonotaB,/Clerk, Civil Division
Deputy
Seal of the Court
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
I~ENMAR ENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0D554
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Custodian of Records, Perms Woods Physical Therapy
(Name of Person or Entity)
Within twenty (20) days ailer service of this subpoea~a, you are ordered by the court to produce the following documents or things:
Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, wrifmgs, etc. for treatment
renderedonbehalfofJoyceM. Raudabaugh, d/oPog/6/32, SSn: 168-26-4061
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108
You may deIiver or mail legible copies of the documents or produce things reque~ed by this subpoena, Iogether wifll 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 thh~gs
sought
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the par[y 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:
S^ME: Brooks R. Foland, Estluire
^DrmESS 305 N. Front Street, POB 999
Harrisbur~ PA 17108
TELEPHONE: (717) 255-7626
SUPREME COURT ID No; 70102
AT]'ORNEY FOR: Defendant
DATE:
Protbonota~/Clerlq Civil Division
Deputy
Seal of the Court
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMAR ENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-554
CIVIL ACTION -- LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Custodian of Records, Dr. David Baker
(Name of Person or Entity)
Within tv~nty (20) days after service of this subpoena, you are ordered by t~e court to produce the following documents or things:
Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment
rendered on behalf of Joyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, HarrisbUrg, PA 17108
You may deliver or mail legible copies of the documents or produce things v,quested by this subpoena, together with the certificate of compliance, to the par~y
making this request at the address listed above. YOU have the fight to seek, in ~lvance, the reasonable cost of prepafing the copies or producing the things
sou~t.
If you fail to produce the documents or things required by this sub,cna, within twenty (20) days after its service, the party serving this subpoena may seelc a
court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Brooks R. Foland, Esc~uire
ADDRESS 305 N. Front Street, POB 999
Harrisburg, PA 17108
TELEPHONE: (717) 255-7626
SUPREME COURT ID No: 70102
ATTORNEY FOR: Defendant
DATE:
Prothonotaq,/Clerk, Civil Division
Deputy
Seal of the Court
JOYCE M. RAUDABAUGH AND JOHN
RAUDABAUGH,
PLAINTIFFS
VS.
KENMAR ENTERPRISES, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-554
CIVIL ACTION - LAW
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Custodian of Records, Quantum lmaging
(Name of Person or Entity)
Within twenty (20) days a~er service of this subpoena, you are ordered by the corm to produce the following documents or things:
Any and all medical records, reports, treatment notes, diagnostic tests, correspondence, writings, etc. for treatment
rendered on behalfofJoyce M. Raudabaugh, d/o/b 9/6/32, ssn: 168-26-4061
at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108
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.
lfyou 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: Brooks R. Foland, Escluire
ADDRESS 305 N. Front Street, POB 999
Harrisburg, PA 17108
TELEPHONE: (717) 255-7626
SUPREME COURT ID No: 70102
ATTORNEY FOR: Defendant
DATE:
Prothonotary/Clerk, Civil Division
Deputy
Seal of the Court
In the
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Pennsylvania
CIVIL ACTION - LAW
JOYCE M. RAUDABAUGH and
JOHN RAUDABAUGH,
Plaintiffs
Vs.
KENMAR ENTERPRISES INC.,
Defendants
No. 01-554
PRAECIPE TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Please have the above-captioned matter marked settled and discontinued as to the docket.
Date: November /J , 2003
REILLY, WOLFSON, SHEFFEY, SCHRUM
AND LUNDBERG LLP
?
Greer H. ~nderson, ID #85675
Connsel for Plaintiffs
1601 Cornwall Road
Lebanon, PA 17042
(717) 273-3733