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HomeMy WebLinkAbout04-3045 ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (7i 7) 238-5610 E.mai I jdecinti@angino.rovner.com Attorneys for Plaintiffs: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, I' A NANCY PIPPENGER, v. CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/dIb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants CIVIL ACTION - LAW C. . 1<-'- NO. 04. -.JCWS L c.1\. L I €J2J..7t JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and tiling 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 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. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. . IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE 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 2 Liberty Avenue Carlisle, I' A 17013 (717) 249-3166 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 pOI' medio de un abogado una (;omparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya poria Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENrO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, I' A 17013 (717) 249-3166 278489-1 II ANGINa & RaYNER, P.C. James DeCinti, Esquire I.D. No. 77421 4503 North Front Street Harrisburg, P A i 711 0-170S (7 i 7) 238-6791 FAX (7i 7) 238-56iO E-mail jdecinti@angino~rovner.com Attorneys for Plaintiff: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. CNIL ACTION - LAW NO. OLI- 30'15 eiULL ~~ JURY TRIAL DEMANDED CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants COMPLAINT 1. Plaintiff Nancy Pippenger is an adult individual who resides in Cumberland County, Pennsylvania. 2. Defendant Carlisle Realty and Lodging Associates is a Pennsylvania partnership, with a business address of 1825 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Appalachian Trial, Inc., is a Pennsylvania business corporation Vd/b/a Appalachian Motor Inn, 2320 N. Second Street, Harrisburg, Dauphin County, Pennsylvania. 4. Defendant Lorie Radabaugh is an adult individual who maintains residences in Cumberland County and LeGrange, Georgia. 5. Defendant Ben Wright is an adult individual who maintains residences III Cumberland County and LeGrange, Georgia. 6. The facts and occurrences hereinafter related took place on or about May 10, 2003, at approximately 9:00 p.m., in the "B" wing of the Appalachian Motor Inn, 1825 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 1 272536.1 VD\DZ 7. At that time and place, Plaintiff Nancy Pippenger, a guest at the Inn, was walking through the corridor on her way to her room, number 1038, in the aforementioned Appalachian Motor Inn. 8. At that time and place, Plaintiff Nancy Pippenger suddenly and unexpectedly slipped in a puddle of dog urine that was approximately six inches away from the right wall of the corridor. 9. It is believed and therefore averred that the dog that deposited the urine is owned by Defendants Radabaugh and Wright. 10. At that time and place, Plaintiff Nancy Pippenger's foot slipped on the puddle of urine, causing to lose her balance, and violently strike the floor. II. Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., through their employees, agents, apparent agents, and/or servants, were aware that, contrary to motel rules, a puppy was being housed at the motel by Defendants Radabaugh and Wright and was permitted to run loose on motel property, including the hallways traversed by persons such as Plaintiff. 12. As a direct and proximate result of the negligence of all Defendants, as hereinafter stated, in causing the aforementioned fall, Plaintiff Nancy Pippenger sustained painful and severe injuries, which include but are not limited to cervical strain, lumbar strain, severe loss of range of motion to the neck and upper extremities, severe headaches, and disc herniation of the C4-5 requiring surgical repair. 13. As a result of the injuries sustained, Plaintiff Nancy Pippenger was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 2 272536.] VDlDZ WHEREFORE, Plaintiff Nancy Pippenger demands judgment against Defendant Appalachian Motor Inn in an amount in excess of $25,000 exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT I Nancy Pippenger v. Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tld/b/a Appalachian Motor Inn 22. Paragraphs I through 21 of Plaintiff's Cornplaint as set forth above are hereby incorporated by reference as though if fully set forth at length herein. 23. The aforementioned accident and resulting injuries sustained by Plaintiff Nancy Pippenger were the direct and proximate result of the wanton, careless, reckless, and negligent conduct of Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tl<l/b/a Appalachian Motor Inn, through their employees, agents, apparent agents, and/or servants, as follows: (a) failure to properly inspect and maintain its premises; (b) failure to properly inspect the floor of the prernises for the presence of substances in the area used extensively by invitees; (c) failure to remove any present or accumulated hazardous conditions or substances of which the Defendant was aware or should have been aware; (d) failure to properly inspect the premises for accumulated hazardous conditions that might pose a hazard to business invitees; ( e) failure to properly warn business invitees of the possibility of slippery conditions, and the possibility of slipping and falling on such substances; (f) failure to exercise the high degree of care that a business or landowner owes to business invitees utilizing the premises for its intended purposes; (g) allowing a hazardous condition to exist in public hallways traversed by persons such as Plaintiff Nancy Pippenger. 4 272536.] VDIDZ (h) failing to properly train its employers, agents, apparent agents, and servants to inspect the property for dangerous conditions; and (i) failing to enforce its own rules regarding animals on the premises. WHEREFORE, Plaintiff Nancy Pippenger demands judgment against Defendant Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tldIb/a Appalachian Motor Inn, in an amount in excess of $25,000 exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Nancy Pippenger v. Lorie Radabaugh and Ben Wright 24. Paragraphs I through 23 as set forth above are hereby incorporated by reference as though if fully set forth at length herein. 25. Plaintiff believes and therefore avers that the dog from which the urine came was owned by Defendants Lorie Radabaugh and Ben Wright. 26. As such, Plaintiff alleges that Defendants Radabaugh and Wright were negligent, wanton, reckless, and careless as follows: (a) failing to follow motel rules and regulations pertaining to animals; (b) allowing their dog to urinate in public areas of the rnotel at which they were guests; (c) creating and/or allowing to be created a hazardous condition causing injury; and (d) failing to clean up after their dog. 27. As a direct and proximate result of the negligence of Defendants Radabaugh and Wright, Plaintiff Nancy Pippenger sustained injury as stated herein. 5 272536.1 'JDIDZ II WHEREFORE, Plaintiff Nancy Pippenger dernands judgment against Defendants Lorie Radabaugh and Ben Wright in an amount in excess of$25,OOO exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Date: ~! 2-10 lr ANGINO & ROVNER, P.C. \~r~ James DeCinti, Esquire J.D. No. 77421 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Attorney for Plaintiff 6 272536.] VDlDZ II I: VERIFICATION I, NANCY J. PIPPENGER, verify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information or belief I understand that this Verification is made subject to the provisions of 18 Pa. C.S. 94904, relating to unswom falsitication to authorities. DATED:,_~f 1 -----.......-,.......------.....---.- CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy ofthe foregoing COMPLAINT was served via United States certified mail, return receipt requested, postage prepaid, and regular first class mail, postage prepaid, upon the following: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, P A 17108 Counsel for Carlisle Realty and Lodging Associates, Appalachian Trail, Inc.. t/dlb/a Appalachian Motor Inn Lorie Radabaugh P.O. Box 1057 LeGrange, GA 30241 Ben Wright P.O. Box 1057 LeGrange,Gi\ 30241 Lorie Radabaugh P.O. Box 822 Carlisle, PA 17013 Ben Wright P.O. Box 822 Carlisle,PA 17013 Dated: 0! zq !OL( 272536.]\IOID2 IC)~~ ~'i0 _ CI1 b t CJ ~ ~ ~ ~ 0- r- -l- ~~ ~ €) NANCY PIPPENGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/dlb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, : NO. 04-3045 Defendants : JURY TRIAL DEMANDED ANSWER AND NOW, come the Defendants, Lorie Radabuagh and Bennie Wright, by their attorney, William A. Addams of Hanft & Knight, P.C., and file the following Answer to the Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. It is admitted that the Defendants are residents of Cumberland County, Pennsylvania. 5. The answer to Paragraph 4 is incorporated herein by reference. 6. After reasonable investigation, the Defendants are without knowledge sufficient to form a belief as to the truth of the averment. The same is therefore denied. 7-10. The answer to Paragraph 6 is incorporated herein by reference. 11. It is specifically denied that the puppy was permitted to run loose or that it was being housed contrary to motel rules. 12. After reasonable investigation, the Defendants are without knowledge sufficient to form a belief as to the truth of the averments regarding the Plaintiffs injuries and damages. The same are therefore denied. 13-21. The answer to Paragraph 12 is incorporated herein by reference. WHEREFORE, the Defendants request the Complaint be dismissed. COUNT I NANCY PIPPENGER v. CARLISLE REALTY. et aI. 22-23. Paragraphs 22 and 23 are not applicable to Defendants Radabaugh and Wright. 24. The answers to Paragraphs 1-23 are incorporated herein by reference. COUNT II NANCY PIPPENGER v. LORIE RADABAUGH and BEN WRIGHT 25. The answer to Paragraph 6 is incorporated herein by reference. 26. Denied in accordance with Pa. R.C.P. 1029(e). 27. The conclusion oflaw is denied. WHEREFORE, the Defendants request the Cornplaint be: dismissed. HANFT & KNIGHT, P.C. .#.'" ~ /. ..4 , . //7.,/ _/ ~~'%~Z' William A. A dams Attorney J.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defend,mts VERIFICATION Lorie Radabaugh and Bennie Wright hereby verify that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsifications to authorities. ~" 112 kkh fr1 (}/" Lorie Ra,ugh / / / / Y , Bennie Wright / / / DATE:! CERTIFICATE OF SERVICE AND NOW, this 8th day of July, 2004, I, Mary M. Price, an employee of Hanft & Knight, P.C., hereby certify that I have served a copy of the Defendants Answer to Complaint by mailing the same by United States mail, postage prepaid, to: James DeCinti, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, P A 1711 0-1708 Kevin C. McNamara, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street Harrisburg, PA 17108 ~1l'(~ (; "-.> ~ "'" c,. "'" ~ """" (~!T; <- =T1 ~.~} (,' c: fl'l:D r- r- 2:" I I :s~ ~;l - CO O( '". =;j'>r. ~ :g ~,'~: , C5:cJ ):~i~?\ -:>0 c5rn "-f ..... ~ :< c.n -< THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara. Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. t1d/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tJdlbla APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-~1045 JURY TRIAL DEMANDED Defendants NOTICE TO PLEAD TO: NANCY PIPPENGER, Plaintiff, and JAMES DEC/NTI, ESQUIRE, her attorney YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Kevin ~::! .f~~ 1.0.#72668 Laura A. Gargiulo, Esquire I.D. # 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants Car/isle Realty and Lodging Associates and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. t1d/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARliSLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/bla APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY THIAL DEMANDED Defendants NOTICE TO PLEAD TO: LORIE RADABAUGH and BEN WRIGHT, Co-DefEmdants, and WILliAM A. ADDAMS, ESQUIRE, their attorney YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER-CROSS CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINlST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~~J~~~ 1.0.#72668 Laura A. Gargiulo" Esquire 1.0. # 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants Carlisle Realty and' Lodging Associates and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn THOMAS, THOMAS & HAFER, UP Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. Vd/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tld/bla APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY mlAL DEMANDED Defendants ANSWER WITH NEW MATTER AND NOW, come the Defendants, Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. tld/b/a Appalachian Motor Inn, by and through their attorneys, Thomas, Thomas and Hafer, LLP, and Answer Plaintiffs Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and proof thereof is demanded. 2. Admitted. 3. Denied as stated. Appalachian Trail, Inc. is 81 Pennsylvania corporation with a business address of 1825 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 4. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and proof thereof is demanded. 5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and proof thereof is demanded. 6. Admitted based upon information and belief. 7. Admitted in part and denied in part. Answering Defendants admit only that Plaintiff was a guest at the Inn, staying in Room 1038. The remaining averments of this paragraph are denied since after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded. 8-10. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and proof thereof is demanded. 11. Admitted in part and denied in part. It is admitted that Answering Defendants knew Radabaugh and Wright had a dog staying with them. It is denied that this was against motel rules. It is further denied that Answering Defendant or its employees knew the dog was permitted to run loose on the motel property, including the hallways, which is contrary to motel rules. 12. Denied. The allegations of negligence are conclusions of law to which no response is required. To the extent an answer may be required, same are denied pursuant to Pa.R.C.P. 1029(e). As to any injuries Plaintiff may have sustained as a result of a fall, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 13-21. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and proof thereof is demanded. WHEREFORE, Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. tJd/b/a Appalachian Motor Inn re!spectfully request that Plaintiff's Complaint be dismissed without cost to them. COUNT I Nancy Pippenger v. Carlisle Realty and Lc)dging Associates and Appalachian Trail, Inc. tJd/b/a Appal.achian Motor Inn 22. Answering Defendants hereby incorporate their responses to paragraphs 1 through 21 is if set forth at length. 23(a)-(i) Denied. The allegations in this para!~raph are conclusions of law to which no response is required. To the extent a responsl9 is required, same are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. tJd/b/a Appalachian Motor Inn respectfully request that Plaintiff's Complaint be dismissed without cost to them. COUNT II Nancy Pippenger v. Lorie Radabaugh and Ben Wright 24. Answering Defendants hereby incorporatl3 their responses to paragraphs 1 through 23 is if set forth at length. 25.-27. Denied. The averments of paragraphs 25-27 are directed to a party other than Answering Defendants, hence no responSiVE! pleading is required. WHEREFORE, Defendants Carlisle Realty and l.odging Associates and Appalachian Trail, Inc. tld/bla Appalachian Motor Inn respectfully request that Plaintiffs Complaint be dismissed without cost to them. NEW MATTER 28. No acts or omissions on the part of the Answering Defendants were a substantial factor or factual cause in bringing about the incident or injuries set forth in the Plaintiffs Complaint. 29. The condition which Plaintiff alleges to havI3 caused the incident set forth in the Complaint was open, obvious and should have been known to the Plaintiff, and therefore, the Answering Defendants owed her no duty. 30. Some or all of the Plaintiff's injuries and darnages claimed in this matter were not caused by the incident referred to in the Plaintiff's Complaint, and instead may be due to pre-existing or unrelated problems or conditions. 31. Some or all of the Plaintiff's claims may be the result of the intervening, superseding negligence of a party other than Answering Defendant. 32. The Plaintiff may have failed to mitigate her damages. WHEREFORE, Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Udlb/a Appalachian Motor Inn re!spectfully request that Plaintiffs Complaint be dismissed without cost to them. NEW MATTER. CROSS CLAIM AGAINST LORIE RADABAUGH AND BEN WRIGHT 33. If the averments contained in the Plaintiffs Complaint are established, said averments being specifically denied as they may mlate to Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Ud/b/a Appalachian Motor Inn, then the injuries and damages complained of were caused solely by the Co- Defendants, Lorie Radabaugh and Ben Wright. 34. Co-Defendants, Lorie Radabaugh and Ben Wright, have been joined herein to protect Defendants', Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Ud/bla Appalachian Motor Inn, right of indemnity and contribution, and Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Ud/bla Appalachian Motor Inn aver that the above-said Co-Defemdants are alone liable to the Plaintiff, or in the alternative, that the above-said Co-Defendants are liable over to Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Ud/b/a Appalachian Motor Inn, or jointly and severally liable on the Plaintiff's causes of action. WHEREFORE, Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. Ud/b/a Appalachian Motor Inn request that this Honorable Court find Lorie Radabaugh and Ben Wright solely liable to Pla,intiff, jointly or severally liable to Plaintiff, or liable over to Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. lIdlbla Appalachian Motor Inn for contribution andlor indemnity. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: 1)-11-01- 302586.1 ~~ ;tu e in C. McNal ra, ~ire 1.0.#72668 Laura A. GargiUllo, Esquire 1.0.#86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Dl~fendants Carlisle Realty i3nd Lodging Associates and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn VERIFICATION I, Geraline Hinson, on behalf of CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACHIAN TRAIL, INC. Udlbla APPALACHIAN MOTOR INN, hereby verify that I have read the foregoing Answer with New Matter to Plaintiffs Complaint and affirm that it is true and correct to the best of my knowledge, information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities; I verify that all statements made therein are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. CARLISLE REALTY AND LODGING ASSOC. AND APPALACHIAN TRAIL, INC. Ud/b/a APPALACHIAN MOTOR INN By: "J~,..::;,k~ Geraline Hinson DATE: CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing document by first class mail, postage prepaid, addressed to the following: James DeCinti, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, SuitE~ 106 Carlisle, PA 17013-914:~ DATE: '8- (1;-04- Thomas, Thomas & Hafer, LLP By: ~::-tj~ ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rsadlock@angino-rovner.com NANCY PIPPENGER, Plaintiff v. CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tldlb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants ORIGINAL Attorneys for Plaintiffs: Nancy Pippenger IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 04-3045 -- Civil Term JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE AND I~NTER APPEARANCE P1_ wilhdmw my "","Mre ~ '"=" I~' "/)/('"'0"" octioo. J es DeCinti, Esquire I.D. No. 77421 1\/ 4503 N. Front Street August'" 2004 Harrisburg, P A 17110 Please enter my appearance as counsel for Plai~.. ~--:;;;-caPtioned action. Date: Date: 282]61 August "04 I.D. No. 4728 Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110 (717) 238-6791 CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of A.ngino & Rovner, P.c., do hereby certify that 1 am this day serving a true and correct copy of PLAINTIFF'S PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE on the following via postage prepaid, first class United States mail, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, PA 17108 y~aj)~~yno4.o~ Marcy L. B messe Date: August 19, 2004 282t61 C) ( . "",, C71 t::.:J .,.L'" ",l C""" c.) ..r- r,,) ORIGINAL ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire LD. No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiffs: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tldlb/a APPALACHIAN MOTOR INN, LORlE RADABAUGH and BEN WRIGHT, Defendants NO. 04-3045- Civil Term JURY TRlAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACHIAN TRAIL. INC. TlDlB/A APPALACHIAN MOTOR INN AND NOW comes the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and hereby enter the following Reply to the New Matter of Defendants as follows: 28. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the acts and omissions of the Defendants do constitute negligence and were substantial causes and factors of the subject incident and did result in the injuries and losses sustained by the Plaintiff 282049 29. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the condition of the property alleged in Plaintiff's Complaint was not open and obvious and should not have been know to the Plaintiff. Further, given the circumstances as contained within Plaintiff's Complaint, answering Defendants owed a duty to Plaintiff. 30. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, ill is hereby specifically denied. By way of amplification, all of Plaintiff's injuries and damages wer<~ caused by the incident referred to in Plaintiff's Complaint and are recoverable in the instant action. To the extent Plaintiff may have had any pre-existing condition, said condition was aggravated by the negligence, carelessness, and wantonness, and recklessness of the instant Defendants, and Plaintiff is entitled to compensation for said aggravation herein. 31. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there were no intervening or superseding causes. All of Plaintiff s injuries and damages are recoverable in the instant action and were causf,d solely and directly as a result of the negligence, carelessness, wantonness, and recklessness of the instant Defendants. 32. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, where appropriate, Plaintiff properly mitigated her damages. 282049 .' 33. - 34. The instant paragraphs are not directed to Plaintiff herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants' Answer and New Matter and enter judgment in her favor against the Defendants. ANGINO & ROVNER, P.C. =-< Sadlock, Es ~1~'281 4503 North on reet Harrisburg, 17110 (717) 238-6791 Counsel for Plaintiff ~_.- Date: August 20, 2004 282049 COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN I, Richard A. Sadlock, Esquire, being dilly sworn according to law, depose, and state that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing PLAINTIFF'S RE:PLY TO NEW MATTER OF CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACHIAN TRAIL, INC. TilllBlA APPALACHIAN MOTOR INN are true and correcil to the best of my knowledge and belief. ~ . chard A. S '- Sworn to and subscribed before me r \\^ 2028t I.tIRAS\MLB CERTIFICATE OF SERVICE I, Marcy 1. Brymesser, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of P'LAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACIAN TRAIL, INC. et al. on the following via postage prepaid, first class United States mail, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, PA 17108 William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 7f)()J)~o.~-^- Marcy 1. Besser Date: August 20, 2004 282049 " CJ ~'( l P: w C,"'; ,to, ""..", THOMAS, THOMAS & HAFER, LLP Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. t1d/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tld/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas identical to the onl:S 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. Ifno objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER, LLP Date: September 22, 2004 B' LAURA A. GARGI 0, SQUIRE 305 N. Front Street, P.O. Box 999 Harrisburg, P A 17108 (717) 255-7626 J.D. No. 86128 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this ~~ day of September, 2004, I, Barbara Onorato, a Paralegal in the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy ofthe foregoing docwnent by placing a copy of the same in the Unitl~d States Mail, first class, postage prepaid, to the following: Richard Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 ~ 4.e.d Barbara Onorato, Paralegal NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., Udlb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pathology Associates of Central PA, Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. reports. treatment notes. diaanostic studies. correspondence. writinas. etc. for treatment rendered to Nancv J Pippenaer. ssn: 169-38-7276. d/o/b: 2/9/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front SI.. P.O. Box 999. Harrisbura. 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. 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: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., Ud/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TR:IAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DiSCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Moffit Heart & Vascular Group, 1000 N. Front Street, Wormleysburg, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. reports. treatment notes. diaanostic studies. correspondence. writinas. etc. for treatment rendered to Nancy J Pippenaer. ssn: 169-38-7276. d/o/b: 2/9/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisbura. 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. 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: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 10#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBEFi:LAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. William Phelan, 2 Tyler Court, Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. reports, treatment notes. diaanostic studies, correspondence. writinas, etc. for treatment rendered to Nancv J Pippenaer, ssn: 169-38-7276. d/olb: 2/9146 at: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999, Harrisburo. 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. 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 cornpelling you to comply with it. . THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t1d/bla APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pennsylvania Neurosurgery & Neuroscience, 4310 Londonderry Road, Harrisburg PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records, reports. treatment notes, diaonostic studies. correspondence. writinos. etc. for treatment rendered to Nancv J Pippenoer, ssn: 169-38-7276. dlolb: 219/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St., P.O. Box 999. Harrisburo. 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. 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: Laura A. Garoiulo. Esouire ADDRESS: P.O. Box 999. Harrisburo. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBER:LAND COUNTY, PA CIVIL ACTION - LAW CARliSLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tld/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Comrnunity General Osteopathic Hospital, 4300 Londonderry Road, Harrisburg PA 17109 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. reports. treatment notes. diaanostic studies. correspondence. writinas. etc. for treatment rendered to Nancv J Pippenaer. ssn: 169-38-7276. d/o/b: 219/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. F'.O. Box 999. Harrisbura. 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. 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: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., Vd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Alexander Springs Rehab, 'I Tyler Ct., Carlisle PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. reports. treatment notes. diaanostic studies. correspondence. writinas. etc. for treatment rendered to Nancv J Pippenaer. ssn: 169-38-7276. d/o/b: 2/9/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. F).O. Box 999. Harrisbura, 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. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its seNice, the party seNing 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: Laura A. Garaiulo. Esquire ADDRESS: P.O. Box 999. HarrisburQ, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tldlb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DiSCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Carlisle Regional Medical Center, 246 Parker St, Carlisle PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records, reports. treatment notes, diaanostic studies. correspondence, writinas. etc. for treatment rendered to Nancv J Pippenaer, ssn: 169-38-7276. d/o/b: 219/46 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. 1='.0. Box 999, Harrisbura. 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. 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: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 10#: 86128 A TIORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court ProthonotarylClerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t1d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Walnut Bottom Radiolo!;JY, 850 Walnut Bottom Rd., Carlisle PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. reports, treatment notes. diaqnostic studies. correspondence. writinqs. etc. for treatment rendered to Nancv J Pippenqer. ssn: 169-38-7276. d/olb: 2/9146 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. 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 ri!~ht 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: Laura A. Garaiulo. Esquire ADDRESS: P.O. Box 999. Harrisburq. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 10#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court ProthonotarylClerk, Civil Division Deputy NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., Ud/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Cressler Trucking Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all employment records, includina but not limited to application for employment. pre-employment physical, attendance records. disability slips. medical reports or notes. correspondence. writinQs, etc. for Nancy J Pippenaer, ssn: 169-38-7276. d/o/b: 2/9146 at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisbura. 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. 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: Laura A. Garaiulo. Esauire ADDRESS: P.O. Box 999. Harrisbura. PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 10#: 86128 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court ProthonotarylClerk, Civil Division Deputy (') ?;~ iJt:)..) T",,:"1F: _.. ; I , ...., C..;) ",::;0 ..l.."'. U) rr1 -U 1',' -.J o -n -I :J:'T) rn0 --,,::;; -r~ 'n ~() (~~(~ ." :"i ::10.'- '. --..('j .:c.,.:rrl ~~.~ ",.. ":1:1 '< ..,., ::&:: ':'? 1''' WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 . .NANCY"PIPPENGER............................................T........ln..tlle..C.ourt"ot"Com.mon..Pleas..or..... Plaintiffi Cumberland County Pennsylvania CIVIL ACTION - LAW VS. Case No. 04-3045 CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., T IDIBI A JURY TRIAL DEMANDED APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT ...........................................................................~~~~=~:=~:.I........................................................................................................... ORDER OF COURT AND NOW,this day of December, 2004, upon consideration of the within Petition a Rule is issued on the Respondents to show cause why William. A. Addams, Esquire, should not be permitted to withdraw as counsel. This Rule shall become absolute if no response is filed within twenty (20) days. It is further ordered that this action is stayed for thirty (30) days from the date of this Order to give the Respondents an opportunity to obtain other counsel. By the Court, J. Distributed to: Lorie Radabaugh and Ben Wright Richard A. Sadlock, Esquire Laura A. Gargiulo, Esquire William A. Addams, Esquire " WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 f'N1\NCY.PIPPENGER.............................................r.......lfi..the..c.ourFo(Com.mon.Pleas..o{..... i Plaintiffi Cumberland County Pennsylvania I:: VS. l CIVIL ACTION - LAW Case No. 04-3045 1 CARLISLE REALTY AND LODGING i ASSOCIATES, APPALACHIAN 1 TRAIL, INC., T ID/B/ A JURY TRIAL DEMANDED i APPALACHIAN MOTOR INN, l LORIE RADABAUGH and BEN I..:::.."........"................,""""~:.:~:~L..".........."............,,''',.....,''"",,,....,,,,,,,,..,,,....,,....,,,,,,..,,,,,,,! PETITION TO WITHDRAW AS COUNSEL FOR DEFENDANTS And now comes William A. Addams, counsel for Defendants, Lorie Radabaugh and Ben Wright, and in accordance with P A R.c.P. 1012, petitions Your Honorable Court for leave to withdraw, and in support thereof asserts the following: 1. Your Petitioner is William A. Addams, who entered his appearance as counsel for Respondents. 2. The Respondents are Lorie Radabaugh and Ben Wright who reside at 7073 Carlisle Pike, Lot 8, Carlisle, P A 17013. 3. On July 8, 2004, Petitioner filed an Answer to the Complaint on behalf of the Respondents. 4. Discovery in this matter has been commenced by the Plaintiff and the other Defendants. 5. At the initial meeting with the Respondents and also by letter, the Petitioner requested a $500 retainer and has since billed Respondents for his professional services to date. '. 6. Despite repeated requests and promises, the Respondents have paid nothing to the Petitioner for his services, which causes an unreasonable strain on the attorney client relationship. WHEREFORE, your Petitioner requests Your Honorable Court to issue an Order permitting his withdrawal as counsel. /_~ William . Addams . ,./" Dated: December 16, 2004 ", WILLIAM A. ADDAMS, ESQUIRE A TIORNEY ID # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 D\jA:NCY'PIPPENGER..............................................C'.......Iil..the..C.oul:t".o(Common.Pleas..ot'.....1 ! Plaintiff Cumberland County Pennsylvania ! : VS. CIVIL ACTION - LAW !:.~: Case No. 04-3045 CARLISLE REALTY AND LODGING ASSOCIATES, APP ALAClllAN TRAIL, INC., T IDIBI A JURy TRIAL DEMANDED APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT ..........................................................................~~~~~~:~l........................................................................................................... CERTIFICATE OF SERVICE AND NOW, this 16th day of December 2004, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Petition to Withdraw by United States Mail, addressed to the party or attorney of record as follows: Lorie Radabaugh and Ben Wright 7073 Carlisle Pike, Lot 8 Carlisle, P A 17013. Richard A. Sadlock, Esquire Angino & Rovner 4503 N. Front St. Harrisburg, P A 17110-1708 Laura A. Gargiulo, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999 Harrisburg, P A 17108 ~~~ William A. Addams ," n r-_,) ( (' " '. , .. , " f' ::-~ I i.. .-' i ~ -- - , .. , \~j --- , ( -. \ .. , '. \"" ; ,.. .. ("J,) '. <- ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire !.D. No. 47281 4503 North Front StTeet Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiffs: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/dIb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO MOTION TO WITHDRAW OF WILLIAM A. ADDAMS, ESQUIRE AND NEW MATTER 1. Admitted. 2. Plaintiff lacks information sufficient to form a belief as to the truths of the instant averment and therefore it is specifically denied. 3. Admitted. 4. Admitted. 5. Plaintiff lacks information sufficient to form a belief as to the truths of the instant averment and therefore it is specifically denied. 6. Plaintiff lacks information sufficient to form a belief as to the truths of the instant averment and therefore it is specifically denied. It appears that Petitioner knows where his 290475 II client's reside and has had contact with them. Rather than withdraw as counsel, Petitioners should make greater efforts to collect his fee. Additionally, continuing as counsel does not prevent Petitioner for collecting his fee at the conclusion of the case. NEW MATTER 7. Granting the instant Petition will actually serve an injustice and prejudice to Plaintiff, Nancy Pippenger. 8. The parties are m the process of scheduling depositions. Obviously, those depositions would be delayed while Defendants Radabaugh and Wright decide whether to represent themselves or secure new counsel. Further, if new counsel is retained, there will be further delay while new counsel reviews the file and learns the case. 9. On the contrary, should the Petition be denied, discovery can be completed and the matter be listed for trial in the early part of 2005. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court to DENY the Petition to Withdraw as Counsel for Defendants filed by Attorney William A. Addams. Respectfully submitted, - .. Date: , '1", P , Richard A. ~C1UIOCk, Esquire LD. No. 47281 4503 North Front Street Harrisburg, P A 171103 (717) 238-6791 Counsel for Plaintiff 290475 " , I , CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P.e., do hereby certify that I am this day serving a true and correct copy of the foregoing on the following via postage prepaid, first class United States mail, addressed as follows: Kevin e. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, P A 17108 Counsel for Defendants, Carlisle Realty and Lodging Associates, Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17013 Counsel for Defendants Lorie Radabaugh and Ben Wright Date: (2 { 211 oW 1'11tCtCLn 771G~ Megan Moll 290475 .. ,-' ,"- , I ,. c. "'... .-"~ , ". ) "::-:- ) .::- ~ ( . , j '. -- I "j J i.. r',~ r.,.', ) -,I -~, .. , " AN GINO & ROVNER, P.c. Richard A. Sad lock, Esquire 1.0. No. 47281 4503 North Front Street Harrisburg, PAl 7110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NANCY PIPPENGER, v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACHIAN TRAIL, INC. t/d/b/a APPALACHIAN MOTOR INN Plaintiff, by and through her attorneys, Angino & Rovner, P.C., respectfully move Your Honorable Court to compel Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn to file full and complete answers/responses to Plaintiffs Interrogatories and Request for Production of Documents for the following reasons: 1. The Complaint was filed on June 30, 2004, with service via United States first- class mail on Lorie Radabaugh, Ben Wright, and Kevin McNamara, Esquire, counsel for 289496 Defendants Carlisle Realty and Lodging Associates, Appalachian Trial, Inc., t/d/b/a Appalachian Motor Inn. 2. On September 14,2004, Plaintiffs counsel forwarded Interrogatories and Request for Production of Documents to Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn's counsel. A copy of said discovery is attached hereto as Exhibit A. 3. Plaintiff's counsel has sent correspondence to Defendants' counsel requesting full and complete answers/responses to the discovery requests. 4. As of the date of this Motion, Defendants have failed to respond or fully respond to Plaintiff's Interrogatories and Request for Production of Documents. 5. On or about November 18, 2004, Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn sent their Objections and Answers to Plaintiff s Interrogatories and Request for Production of Documents. A copy of the Objections and Answers are attached hereto as Exhibit B. 6. All of the discovery sought by Plaintiff through her Interrogatories and Request for Production of Documents is relevant to the instant action. 7. Our Rules of Civil Procedure provide for the liberal granting of discovery. 8. Defendants have failed to comply with the discovery as required by Pa.R.C.P. 4005 and 4006. 9. Defendants have had more then ample time to respond to Plaintiff's discovery requests. 289496 10. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery." Pa.R.C.P. 4019(a)(viii). 11. Plaintiff therefore believes that answering all of Plaintiff s discovery requests would not burden or oppress any of the Defendants. 12. In addition, Plaintiff is requesting an in-court inspection of the documents produced in response to Plaintiff s Request for Production of Documents. There are a number of documents that Defendants have marked privileged and blocked out information. Plaintiff has no way of knowing if the information is indeed privileged or not; and therefore, Plaintiffs feel that an in-court inspection of these documents is very important. See, attached photocopy of examples attached hereto as Exhibit C. 13. Plaintiff is represented by Richard A. Sadlock, Esquire of the firm of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 14. Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn are represented by Laura Gargiulo, Esquire and Kevin C. McNamara, Esquire, of the firm Thomas, Thomas & Hafer, LLP, 305 North Front Street, Sixth Floor, Harrisburg, P A 17108, (717) 237-7100. 15. Plaintiff forwarded a letter via fax on January 5, 2005, requesting defense counsel for Defendants to advise whether or not they will concur with the filing of this Motion. See copy of letter attached hereto as Exhibit D. 16. On January 5, 2005, Plaintiffs counsel received a fax from Laura Gargiulo, the attorney for Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., 289496 t/d/b/a Appalachian Motor Inn advising she does not concur with the instant Motion. A copy of Ms. Gargiulo's letter is attached hereto as Exhibit E. 17. To date, Plaintiffs counsel has not heard from Attorney Addams, defense counsel for Lorie Radabaugh and Ben Wright, and therefore believes he will not concur in the aforesaid Motion. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court order Defendants to fully answer and respond to Plaintiff s Interrogatories and Request for Production of Documents. In addition, Plaintiff believes that an in-court inspection of documents produced by Defendants with blocked out information should be reviewed by the court to determine whether the information is in fact privileged. Plaintiff further requests that should Defendants fail to comply with the Court Order, then Defendants should be prohibited from presenting any testimony at the trial of this matter, precluded from entering defenses to Plaintiff s claims at trial, required to pay Plaintiffs attorney's fees and costs associated with the instant Motion, and such other sanctions as the Court deems appropriate. Date: January 7, 2005 289496 CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S MOTION TO COMPEL RESPONSES OF DISCOVERY on the following via postage prepaid, first class United States mail, addressed as follows: Laura Gargiulo, Esquire Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor Harrisburg, PA 17108 Counsel for Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn William A. Addams Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17013 Counsel for Defendants Lorie Radabaugh and Ben Wright ffl Marcy Date: January 7, 2005 289496 \') ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire J.D. No. 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES. APPALACIDAN TRAIL, INC. TIDIB/A APPALACIDAN MOTOR INN TO: Carlisle Realty and Lodging Assoc. & Appalachian Trial Inc., and their counsel, Kevin C. McNamara Thomas, Thomas & Hafer LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Plaintiff, through her attorney, hereby propounds the following Interrogatories upon Defendant pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If between the time of your answers to said Interrogatories and the time of the trial for this case you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses no identified in your said answers, or if you obtain or become aware of additional requested information not supplied to your answers, you shall promptly furnish the same to plaintiffs attorney by supplemental answers. For the purposes of these Interrogatories, "YOU" or "your" refers to the defendant and his or her files, the defendant's insurance company and its files, the defendant's attorney and his files, and all other persons, agents or representatives of the defendant and their files. "You" shall 283382 further include all persons on whose behalf defendant prosecutes this action and all persons who will benefit or be legally bound by the results of this action. Your answers to the Interrogatories shall reflect and contain the knowledge of all of the above persons. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendant shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies, and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries, and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendant or known by him/her to exist. It shall also mean all copies of documents by whatever means made. Answer each interrogatory in the space following the interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure 4006. These Interrogatories are to be deemed continuing and supplemental answers should reasonably be provided. .. - ~- ~ JI ~ Richard iT. ~::tnl()ckl Esyurre I.D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: September 14,2004 283382 1. For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your employer, employer's address, as well as the nature of your employment, and if married, give your spouse's name. ANSWER: 283382 2. Please set forth the following: (a) Proper corporatelbusiness name; (b) Proper address; (c) If the Defendant is a corporation, the date of incorporation; and (d) If the Defendant is a corporation, the state in which it was incorporated. ANSWER: 283382 3. Does the hotel/motel have any policies regarding pets being on their premises? If so, please set forth the policies below and produce copies if reduced to writing. ANSWER: 283382 4. Does the hotel/motel advertise or publish that they are pet friendly in any travel magazmes, billboards, or any other advertisements? If so, produce copies of any and all advertisements. ANSWER: 283382 5. Does the hotel/motel have a pet policy? If so, explain it in complete detail and produce a copy if reduced to writing. ANSWER: 283382 '. 6. Is any documentation provided to guests that are accompanied by a pet? If so, produce copies of any and all documentation. ANSWER: 283382 '0) 7. Does the hotel/motel charge additional fees for guests accompanied by a pet? If so, explain the price differences. ANSWER: 283382 8. Are there designated rooms available strictly for guests accompanied by a pet? If so, please state how many rooms are available and where they are located on the premises. ANSWER: 283382 9. Is there an employee handbook that sets out the guidelines for pet provisions? If so, please produce a copy. ANSWER: 283382 10. Does the hotel/motel have designated areas on the premises for pet walking? If so, please describe in complete detail where the areas are located and how guests are made aware of the areas. ANSWER: 283382 11. Was management or any employee of the Defendants aware that there was a dog in the common area of the hotel/motel prior to or about at the time of the accident? If so, identify the individual(s) and provide address and telephone number. ANSWER: 283382 12. Does the hotel/motel have any signs posted regarding pets or pet waste at the hotel/motel? If so, describe the signs and their locations and indicate when, in relation to the instant action, the signs were posted. ANSWER: 283382 13. Please provide the name, address, telephone number and job title of the person or persons who were in charge of maintaining and cleaning the hotel/motel on the date of the accident. ANSWER: 283382 14. Was any person responsible for supervising/inspecting/cleaning/maintaining the area where the Plaintiff was injured? If so, for each such person state: (a) His/her name and address; (b) His/her job title; (c) A description of his/her duties; (d) Frequency of their inspections; (e) His/her location at the time of the accident; and (f) Date the property was last inspected before Plaintiffs accident. ANSWER: 283382 15. What are the names, ages, addresses, and current telephone numbers of the employees, included but not limited to the desk clerk, shuttle driver, security, and maintenance personnel, that were working on the premises for the 48 hours prior to and on the date of the accident? For each, indicate job title, duties, and date and hours worked. ANSWER: 283382 16. Were there any other pets in the hotel/motel on the date of the accident? If so, produce hotel/motel registration cards for each pet owner. ANSWER: 283382 17. For the period two years prior to Plaintiffs accident to the present, please identify the name, current address and telephone numbers (if known) of each and every person known by you to have been injured by tripping, slipping or falling on dog urine or feces and indicate each individual's injury, the date of the accident, and the exact nature and location for the accident. ANSWER: 283382 18. Did you receive any complaint, warning, or other notice concerning a dangerous condition created by a dog or puppy urinating on the floor prior to Plaintiffs accident? If so, for each complaint, warning, or other notice, state: (a) The date and time it was received; (b) Whether it was written or oral, and if oral, the substance of it; (c) The name and address of the person by whom it was given; (d) The nature and location of the danger or defect to which it related; and (e) Whether any action was taken as a result of each complaint, warning or other notice, and if so, a description of the action and the date and time it was taken. ANSWER: 283382 , ,,' 19. Give the carrier name, policy number and policy limits for each and every policy insuring you against the claims made in the instant action and indicate whether there is any reason why said policy would not be applicable to the allegations in Plaintiffs Complaint. ANSWER: 283382 " 20. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing distance of the accident referred to in the Plaintiffs Complaint or who claims to have any information concerning the condition of the area where the accident occurred prior to the accident and of the accident itself, and with regard to each person, state: (a) His or her exact location at the time of the accident; (b) His or her activity a the time of the accident; and (c) Whether he or she witnessed the accident. ANSWER: 283382 21. List the names, addresses and telephone numbers of each fact witness you intend to call at trial, and briefly summarize their anticipated testimony. ANSWER: 283382 . ", 22. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) The subject matter on which the expert is to testify; (b) The facts and opinions to which the expert is to testify; (c) A summary of the grounds of each opinion; (d) The name of any report, memorandum or transcript used to substantiate each opinion; (e) Any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in part; (f) Any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and (g) The date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER: 283382 II ..\ 23. With regard to each individual you expect to call as an expert witness at trial, state the following: ANSWER: 283382 (a) Date of birth; (b) Name and address of present employer, and if self-employed, name and address of the business; (c) Full formal educational background, with date of attendance and degrees obtained; (d) A list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) Names and addresses of all persons, firms or corporations who have retained this expert in the past ten years to render a report or testify as an expert witness. " 24. State exactly how you contend the incident occurred. ANSWER: 283382 .[ 25. Do you contend that Plaintiff was contributorily negligent or assumed the risk of her injuries? If so, state precisely the facts that support your position. ANSWER: 283382 " 26. State whether there was an accident report made regarding the subject incident, and if so, the place were such report was filed and produce a copy. ANSWER: 283382 , ,j 27. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, or any other thing or matter involved in the incident in suit? If so, state: (a) The nature of the document the name(s) and addressees) of the person(s) preparing such document, and the date of its preparation; (b) The name(s) and addressees) of the person(s) presently having possession or custody of each such document; (c) The specific subject matter of the document; (d) The date it was made or taken; and (e) What the document purports to show, illustrate or represent. ANSWER: 283382 " 28. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Plaintiffs Complaint? Is so, identify: (a) Each person and the employer of each person who conducted any investigation; (b) The dates of investigations; and (c) All notes, reports or other documentation prepared during or as a result of the investigation, and the identity of the person(s) who have possession thereof. ANSWER: 283382 ,[ " 29. State the name of any person(s) who investigated this incident for you and for any person(s) interviewed by you or anyone on your behalf, state: (a) The address of the person(s) interviewed; (b) The method used in the interviewed (i.e., in person, telephone, etc.); (c) The date of the interview; (d) The substance of the information provided to you by the person interviewed; and (e) If you took a written statement or transcribed any oral statement, state who currently has possession of said statement and/or attach a copy to your response. ANSWER: 283382 , , 30. Have you ever previously been involved in a lawsuit arising out of a fall similar to Plaintiff s fall? If so, state: (a) The date and location of the action; (b) The nature of the action; (c) The name(s) and addressees) of the party(ies); (d) The disposition of the action; and ( e) The name and address of the attorney who represented you and the Plaintiff. ANSWER: 283382 31. Have you or any of you agents or employees made any statements, whether in writing, tape recording or otherwise, to any person(s) regarding any of the events referred to in the Plaintiffs Complaint? If so, state: (a) The name(s) and addressees) of the person(s) to whom such statement was made; (b) The date of such statement; (c) The form of the statement, I.e. written, oral, recording device, or stenographer; (d) Whether such statement, if written, was signed; and (e) The name(s) and addressees) of the person(s) presently having custody of such statement. ANSWER: 283382 , " 32. Identify all exhibits which you expect to offer into evidence at the time of trial of this case. ANSWER: 283382 33. Did you or any agent or employee of the Defendant have any knowledge of the existence of the condition alleged in Plaintiffs Complaint prior to the alleged occurrence? If so, indicate when and how said knowledge was obtained and any action taken in response to said knowledge. ANSWER: 283382 . . 34. Please state the name and address of each person who has any knowledge concerning the condition of the area where the accident occurred within a month prior to the accident? Please indicate each individual's specific knowledge. ANSWER: 283382 . " 35. Was an inspection made prior to the accident to determine whether the area where Plaintiff was injured was in a safe condition? If so, state: (a) The frequency of such inspection; (b) The date and time of the last inspection prior to the accident; (c) The name, address and job title of the person who made each inspection and who made the last inspection; (d) A description of or the substance of the findings that were made on the last inspection; and (e) Whether any instructions were given as a result of the last inspection to remove, clean or alter anything in the area of the accident and, if so, a description of the instructions, and the name of each person to whom such instructions were given. ANSWER: 283382 " 36. Was any inspection made ofthe scene of the accident subsequent to the accident? If so, state: (a) The date and time it was made; (b) The name, address and job title of each person who made the inspection; ( c) What findings were made; and (d) Any changes made to that area after the accident. ANSWER: 283382 , ,,[ 37. Was any warning given to Plaintiff or any other person concerning any danger in the area where the accident occurred? If so, for each warning, state: (a) A description of, or the substance of, the warning that was given; (b) The name (or other means of identification) and address of each person who designed the warning; (c) The name (or other means of identification) and address of each person who implemented the warning; (d) The form in which it was given, and (e) The reason it was given. ANSWER: 283382 " 38. If your attorney has completed an investigation, please provide the name, address telephone number of all witnesses identified in the investigation, ANSWER: 283382 " 39. Have the Defendants, or any representative of the Defendants, their counsel, or insurer performed or contracted to perform any surveillance of the Plaintiff or her activities at any time. If so, please identify each such person(s) or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data, or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes, or other information, including, but not limited to, videos, eight- minute films, and hand-written notes. ANSWER 283382 " These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial of this case, you or anyone acting on your behalf learn the identity and whereabouts of any other witnesses( es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersigned by supplemental answers. " ~~ .~ . adlock, ~ o.4728~- 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff Date: September 14,2004 283382 " CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law finn of Angino & Rovner, P.e., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANTS CARLISLE REALTY AND LODGING ASSOC. AND APPALACHIAN TRAIL INC. T/D/B/A APPALACHIAN MOTOR INN on the following via postage prepaid, first class United States mail, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, P A 17108 Counsel for Carlisle Realty and Lodging Assoc. and Appalachian Trail Inc., IId/bla Appalachian Motor Inn William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Counsel for Lorie Radabaugh and Ben Wright ,1 ./;-', . , /~'/I n /) 1) I ' =-'I' J ,. - ,r /! . CViil, / f..-.:-r ->JL/,hj/ v'l/) /h{1y /\ I , ...... 'l1, ~ _/ /4 1 I ......x.. ~ '-- Marcy L. Bdmesser() Date: September 14,2004 283382 " ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire J.D. No. 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiffs: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NANCY PIPPENGER, v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES. APP ALACHIAN TRAIL. INC. TIBID/A APPALACHIAN MOTOR INN PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory . 283469 " 2. Any and all documents containing information relating to any answer to any Interrogatory . 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 5. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 6. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 283469 " 7. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 8. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiff and her case. 9. Copies of all statements, memoranda, summaries or other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation or your attorney's investigation into the incident involved. You need not supply any attorney's "work product" or other material which is specifically accepted as a privileged by the above rule. 10. All documents in your possession, custody or control prepared in anticipated of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. 283469 " 11. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 12. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34. 13. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 283469 '. 14. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 15. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial ofthis matter. 16. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possessiOn. 17. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. 283469 " 18. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. 19. Copies of all surveillance/security videos of the lobby from the date of the accident. 20. Copies of all employee manuals and policies. 21. Copies of all manuals and policies dealing with pets. 22. Copies of any ledgers that list the names of guests staying at the hotel/motel with pets from two weeks prior to and the week following the accident. 283469 " 23. Photographs of any warning signs used by the hotel/motel. ( Date: September 14,2004 283469 " CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C. do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS on the following via postage prepaid, first class United States mail, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Counsel for Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc., t/b/dla Appalachian Motor Inn William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Counsel for Lorie Radabaugh and Ben Wright <--~,~ri; tl:!~" J ~ ,1 J.- / I, -- (. t; . ^ I I ()/h1JfJ . _. - ?~M;1)) _~....:"-I,,---1 r ",,----- Marcy L. Brymessd) Date: September 14, 2004 283469 " Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. tJdlb/a Appalachian Motor Inn v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NANCY PIPPENGER Plaintiff CARLISLE REALTY AND LODGING: ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 - Civil Term : JURY TRIAL DEMANDED Defendants ANSWERS OF DEFENDANTS CARLISLE REAL TV AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC. TIDIBIA APPALACHIAN MOTOR INN TO PLAINTIFF'S INTERROGATORIES 1. For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your employer, employer's address, as well as the nature of your employment, and if married, give your spouse's name. ANSWER: Answering Defendant objects to this request to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Subject to and without waiving same, Geraline G. Hinson, Hotel Manager for Appalachian Trail, Inc. '. 2. Please set forth the following: (a) Proper corporate/business name; (b) Proper address; (c) If the Defendant is a corporation, the date of incorporation; and (d) If the Defendant is a corporation, the state in which it was incorporated. ANSWER: (a) (b) (c) (d) Appalachian Trail, Inc. 1825 Harrisburg Pike, Carlisle, PA 17013 8/09/1998 Pennsylvania. 3. Does the hotel/motel have any policies regarding pets being on their premises? If so, please set forth the policies below and produce copies if reduced to writing. ANSWER: No. 4. Does the hotel/motel advertise or publish that they are pet friendly in any travel magazines, billboards, or any other advertisements? If so, produce copies of any and all advertisements. ANSWER: No. 5. Does the hotel/motel have a pet policy? If so, explain it in complete detail and produce a copy if reduced to writing. ANSWER: No. '. 6. Is any documentation provided to guests that are accompanied by a pet? If so, produce copies of any and all documentation. ANSWER: No. 7. Does the hotel/motel charge additional fees for guests accompanied by a pet? If so, explain the price differences. ANSWER: No. 8. Are there designated rooms available strictly for guests accompanied by a pet? If so, please state how many rooms are available and where they are located on the premises. ANSWER: No. 9. Is there an employee handbook that sets out the guidelines for pet provisions? If so, please produce a copy. ANSWER: There is an employee handbook, however, it does not set out guidelines for pet provisions. " 10. Does the hotel/motel have designated areas on the premises for pet walking? If so, please describe in complete detail where the areas are located and how guests are made aware of the areas. ANSWER: No. 11. Was management or any employee of the Defendants aware that there was a dog in the common area of the hotel/motel prior to or about at the time of the accident? If so, identify the individual(s) and provide address and telephone number. ANSWER: Answering Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. 12. Does the hotel/motel have any signs posted regarding pets or pet waste at the hotel/motel? If so, describe the signs and their locations and indicate when, in relation to the instant action, the signs were posted. ANSWER: Yes. Two signs reading "No Pets Allowed" were placed at each of the two main entrances, posted several years ago. 13. Please provide the name, address, telephone number and job title of the person or persons who were in charge of maintaining and cleaning the hotel/motel on the date of the accident. ANSWER: Mary Shields. However, all employees keep a watchful eye for maintenance issues and perform those duties as necessary. '. 14. Was any person responsible for supervising/inspecting/c1eaning/ maintaining the area where the Plaintiff was injured? If so, for each such person state: (a) His/her name and address; (b) His/her job title; (c) A description of his/her duties; (d) Frequency of their inspections; (e) His/her location at the time of the accident; and (f) Date the property was last inspected before Plaintiffs accident. ANSWER: (a-f) See response to Interrogatory No. 13 above. 15. What are the names, ages, addresses, and current telephone numbers of the employees, included but not limited to the desk clerk, shuttle driver, security, and maintenance personnel, that were working on the premises for the 48 hours prior to and on the date of the accident? For each, indicate job title, duties, and date and hours worked. ANSWER: Robert Arnold, 501 Windy Hill Road, Shermansdale, PA 17090, desk; Paul Futch, 99 Short Lane, Newville, PA 17241, Security; Josie Hawbaker, 4 Pear Cedar St., Mt. Holly Spring, PA 17065, Desk; Dawn Jumper, 228 E. Mulberry Avenue, Carlisle, PA 17013, desk; Sandy Moser, 3467 Ritner Highway, Newville, PA 17241, Desk; Kimberly Rivera, 406 NoPitt St., Carlisle, PA 17013, Desk; George Hodge, 1934 Fry Loop St., Carlisle, PA, Van Driver; Lester McAlister, 209 Zion Road, Mt. Holly, PA 17065, Van Driver; Terry McCafferty, 1125 Harrisburg Pike, Carlisle PA 17013, Van Driver; Thomas River, 102 W. High Street, Carlisle PA 17013, Van Driver; Barry VanAsdalan, 6594 Carlisle Pike, Mechanicsburg, PA 17050, MaintenanceNan Driver;, Jessica Marie Howe, 135 Tower Circle, Carlisle, PA 17013; Samantha Jo Thompson, 17C Creekside Lane, Carlisle, PA 17013; Heather Ann Smith, 501 Windy Hill Rd., Lot 86, Shermansdale, PA 17090; Susan D. Petit, 234 York Road, Carlisle PA 17013; Amy Sue Turner, 8 Turner Lane, Shermansdale, PA 17090, Wesley Ankney, 455 Carlisle St., Hanover, PA 17331. See schedule attached. '. 16. Were there any other pets in the hotel/motel on the date of the accident? If 50, produce hotel/motel registration cards for each pet owner. ANSWER: Answering Defendant has no registration information regarding any pets in the hotel at the time of the alleged incident. 17. For the period two years prior to Plaintiff's accident to the present, please identify the name, current address and telephone numbers (if known) of each and every person known by you to have been injured by tripping, slipping or falling on dog urine or feces and indicate each individual's injury, the date of the accident, and the exact nature and location for the accident. ANSWER: None. 18. Did you receive any complaint, warning, or other notice concerning a dangerous condition created by a dog or puppy urinating on the floor prior to Plaintiffs accident? If 50, for each complaint, warning, or other notice, state: (a) The date and time it was received; (b) Whether it was written or oral, and if oral, the substance of it; (c) The name and address of the person by whom it was given; (d) The nature and location of the danger or defect to which it related; and (e) Whether any action was taken as a result of each complaint, warning or other notice, and if 50, a description of the action and the date and time it was taken. ANSWER: (a-e) No. , . 19. Give the carrier name, policy number and policy limits for each and every policy insuring you against the claims made in the instant action and indicate whether there is any reason why said policy would not be applicable to the allegations in Plaintiffs Complaint. ANSWER: See dec sheet attached in response to Plaintiff's Request for Production of Documents. 20. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing distance of the accident referred to in the Plaintiffs Complaint or who claims to have any information concerning the condition of the area where the accident occurred prior to the accident and of the accident itself, and with regard to each person, state: (a) His or her exact location at the time of the accident; (b) His or her activity a the time of the accident; and (c) Whether he or she witnessed the accident. ANSWER: Barry VanAsdalan, 6594 Carlisle Pike, Mechanicsburg, PA 17055; (a) Entrance to B-wing; (b) Waiting for next scheduled shuttle run. (c) No. 21. List the names, addresses and telephone numbers of each fact witness you intend to call at trial, and briefly summarize their anticipated testimony. ANSWER: No determination has been made as to which, if any, fact witness(es) Defendant will call at the trial of this matter. Upon such determination, this response will be supplemented in a timely manner prior to trial. , , 22. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) The subject matter on which the expert is to testify; (b) The facts and opinions to which the expert is to testify; (c) A summary of the grounds of each opinion; (d) The name of any report, memorandum or transcript used to substantiate each opinion; (e) Any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in part; (f) Any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and (g) The date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER: No determination has been made as to which expert(s) Defendant will call at trial. Upon such determination, this response will be supplemented in a timely manner prior to trial. 23. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) Date of birth; (b) Name and address of present employer, and if self-employed, name and address of the business; (c) Full formal educational background, with date of attendance and degrees obtained; (d) A list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) Names and addresses of all persons, firms or corporations who have retained this expert in the past ten years to render a report or testify as an expert witness. ANSWER: See Answering Defendant's response to Interrogatory No. 22 above. " 24. State exactly how you contend the incident occurred. ANSWER: Answering Defendant's investigation is continuing and as such, Answering Defendant reserves the right to supplement this response in a timely manner prior to trial. 25. Do you contend that Plaintiff was contributorily negligent or assumed the risk of her injuries? If so, state precisely the facts that support your position. ANSWER: above. See Answering Defendant's response to Interrogatory No. 24 26. State whether there was an accident report made regarding the subject incident, and if so, the place were such report was filed and produce a copy. ANSWER: See Acord Loss Notice attached in response to Plaintiff's Request for Production of Documents. 27. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, or any other thing or matter involved in the incident in suit? If so, state: (a) The nature of the document the name(s) and address(es) of the person(s) preparing such document, and the date of its preparation; (b) The name(s) and address(es) of the person(s) presently having possession or custody of each such document; (c) The specific subject matter of the document; (d) The date it was made or taken; and (e) What the document purports to show, illustrate or represent. ANSWER: (a-e) See photographs attached in response to Plaintiff's Request for Production of Documents. '. 28. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Plaintiffs Complaint? Is so, identify: (a) Each person and the employer of each person who conducted any investigation; (b) The dates of investigations; and (c) All notes, reports or other documentation prepared during or as a result of the investigation, and the identity of the person(s) who have possession thereof. ANSWER: Terry McLaughlin, Crawford & Company and Answering Defendant's counsel, Thomas, Thomas & Hafer, LLP. All discoverable documents are attached to Defendant's responses to Plaintiff's Requests for Production of Documents. 29. State the name of any person(s) who investigated this incident for you and for any person(s) interviewed by you or anyone on your behalf, state: (a) The address of the person(s) interviewed; (b) The method used in the interviewed (Le.,in person, telephone, etc.) (c) The date of the interview; (d) The substance of the information provided to you by the person interviewed; and (e) If you took a written statement or transcribed any oral statement, state who currently has possession of said statement and/or attach a copy to your response. ANSWER: Answering Defendant objects to this request to the extent that it seeks information beyond the permissible scope of discovery as defined by Pennsylvania Rules of Civil Procedure. In addition, Defendant objects to this request to the extent that it seeks work product or mental impressions, conclusions or opinions of Defendant or of Defendants' agents, employees, staff, representatives and/or attorneys. Further, Defendant also objects to this request to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Subject to and without waiving same, see documents attached in response to Plaintiff's Request for Production of Documents. Defendant's investigation is continuing and as such, Defendant reserves the right to supplement this response in a timely manner prior to trial. " 30. Have you ever previously been involved in a lawsuit arising out of a fall similar to Plaintiff's fall? If so, state: (a) The date and location of the action; (b) The nature of the action; (c) The name(s) and address(es) of the party(ies); (d) The disposition of the action; and (e) The name and address of the attorney who represented you and the Plaintiff. ANSWER: No. 31. Have you or any of you agents or employees made any statements, whether in writing, tape recording or otherwise, to any person(s) regarding any of the events referred to in the Plaintiff's Complaint? If so, state: (a) The name(s) and address(es) of the person(s) to whom such statement was made; (b) The date of such statement; (c) The form of the statement, i.e. written, oral, recording device, or stenographer; (d) Whether such statement, if written, was signed; and (e) The name(s) and address(es) of the person(s) presently having custody of such statement. ANSWER: See summary of statement of Barry Vanasvalan provided to Terry McLaughlin on 8/13/02, which is attached in response to Plaintiff's Request for Production of Documents. 32. Identify all exhibits which you expect to offer into evidence at the time of trial of this case. ANSWER: No determination has been made as to which exhibit(s) will be introduced into evidence at the time of trial. Upon such determination, this response will be supplemented in a timely manner prior to trial. " 33. Did you or any agent or employee of the Defendant have any knowledge of the existence of the condition alleged in Plaintiff's Complaint prior to the alleged occurrence? If so, indicate when and how said knowledge was obtained and any action taken in response to said knowledge. ANSWER: No. 34. Please state the name and address of each person who has any knowledge concerning the condition of the area where the accident occurred within a month prior to the accident? Please indicate each individual's specific knowledge. ANSWER: The condition did not exist one month prior to the accident. 35. Was an inspection made prior to the accident to determine whether the area where Plaintiff was injured was in a safe condition? If so, state: (a) The frequency of such inspection; (b) The date and time of the last inspection prior to the accident; (c) The name, address and job title of the person who made each inspection and who made the last inspection; (d) A description of or the substance of the findings that were made on the last inspection; and (e) Whether any instructions were given as a result of the last inspection to remove, clean or alter anything in the area of the accident and, if so, a description of the instructions, and the name of each person to whom such instructions were given. ANSWER: All employees keep a watchful eye for maintenance issued and perform those duties as necessary. " 36. Was any inspection made of the scene of the accident subsequent to the accident? If so, state: (a) The date and time it was made; (b) The name, address and job title of each person who made the inspection; (c) What findings were made; and (d) Any changes made to that area after the accident. ANSWER: (a-d) Yes. After Answering Defendant's employee Barry VanAsdalan had notice of the puddle, the area was cleaned by him. 37. Was any warning given to Plaintiff or any other person concerning any danger in the area where the accident occurred? If so, for each warning, state: (a) A description of, or the substance of, the warning that was given; (b) The name (or other means of identification) and address of each person who designed the warning; (c) The name (or other means of identification) and address of each person who implemented the warning; (d) The form in which it was given, and (e) The reason it was given. ANSWER: (a-e) No. 38. If your attorney has completed an investigation, please provide the name, address telephone number of all witnesses identified in the investigation. ANSWER: ongoing. The investigation by Answering Defendant's attorneys is '. 39. Have the Defendants, or any representative of the Defendants, their counsel, or insurer performed or contracted to perform any surveillance of the Plaintiff or her activities at any time. If so, please identify each such person(s) or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data, or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes, or other information, including, but not limited to, videos, eight - minute films, and hand-written notes. ANSWER: No. THOMAS, THOMAS & HAFER LLP ~.~~J;~Uire 10 No. 72668 Laura A. Gargiulo, Esquire 10 No. 86128 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 '. ,FRIFICA TJON I. Gerahne Hinson. on behalf of CARLISLE REAL TV AND LODGING ASSOCIATES AND APPALACHlft.N TRAIL INC. tJd/b/a APPAi-ACHIAN MOTOR INN, hereby verify that I have read the foregoir,g Answers tc Plaintiffs Interrogatories and Responses to Reqlolest for Production of Documents and affirm that the information therein is true and correct to the best of my knowledge, infoimallon and belie~. This verification and statement is made subject to the penalties of 18 Pa C S 3 4904 relating to unsworn falsification to authorities; I verify that all statements made therein are true and correct and that false statements may subject me to the pe'ialties of 18 Pa.C.S. ~ 4904. CARLISLE REALTY AND LODGiNG ASSOC AND APPALACHIA.N TRAIL, INC. t/d/b/a APPALA.CI-iIAN MOTOR INN By. ..~/k~~_____ Geraiine Hmson " Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NANCY PIPPENGER Plaintiff CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants ~\:<:}:j:; ':~:~fi.,:,~:':~~'~~,~,:'" ". ",'" ,.", "'.-'. .' Glliii~!,"'ilF: v/(,ly.J;;;;f;;U.f0 '.0 ,\<;~':<;'~/:,:;~>?,>',~:~~,::~ (,: "~" '~/,,:,,~:>Jt~Y~" .!,/<;,',~"" <4<V::::C~::":'}> ',i tk AND NOW, this l<g day of November, 2004, I do hereby certify that I sent a true and correct copy of the foregoing Answers to Plaintiff's Interrogatories, by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Richard Sad lock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 ~G~P " Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and odging Assoc. and Appalachian Trail, Inc. t1d/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 - Civil Term JURY TRIAL DEMANDED Defendants RESPONSE OF DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES. APPALACHIAN TRAIL. INC. T/B/D/A APPALACHIAN MOTOR INN TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory. RESPONSE: All discoverable documents are attached hereto. 2. Any and all documents containing information relating to any answer to any Interrogatory. RESPONSE: Answering Defendant objects to this request to the extent that it seeks information beyond the permissible scope of discovery as defined by Pennsylvania Rules of Civil Procedure. In addition, Answering Defendant objects to this request to the extent that it seeks work product or mental impressions, conclusions or opinions of Answering Defendant or of Answering Defendants' agents, employees, staff, representatives and/or attorneys. Answering Defendant also objects to this request to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. Subject to and without waiving same, all discoverable documents are attached hereto. " 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. RESPONSE: See summary of statement of Barry Vanasvalen provided by Terry McLaughlin on 8/13/02 attached hereto. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. RESPONSE: All discoverable documents are attached hereto. 5. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. RESPONSE: All discoverable documents are attached hereto. 6. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. RESPONSE: No determination has been made as to which expert(s) Answering Defendant will call at trial. Upon such determination, this response will be supplemented in a timely manner prior to trial. 7. Any and all expert reports from each person whom you expect to call as an expert witness at trial. RESPONSE: See Answering Defendant's response to Request No.6 above. 8. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiff and her case. RESPONSE: See Answering Defendant's response to Request No.2 above. \ 9. Copies of all statements, memoranda, summaries or other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation or your attorney's investigation into the incident involved. You need not supply any attorney's "work product" or other material which is specifically accepted as a privileged by the above rule. RESPONSE: All discoverable documents are attached hereto. 10. All documents in your possession, custody or control prepared in anticipated of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. RESPONSE: All discoverable documents are attached hereto. 11. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. RESPONSE: All discoverable documents are attached. '. 12. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34. RESPONSE: All discoverable documents are attached. 13. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. RESPONSE: All discoverable documents are attached hereto. 14. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. RESPONSE: See Answering Defendant's response to Request No.6 above. 15. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. RESPONSE: No determination has been made as to which exhibit(s) Answering Defendant will offer into evidence at the trial of this matter. Upon such determination, this response will be supplemented in a timely manner prior to trial. 16. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possession. RESPONSE: All discoverable documents are attached. 17. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. RESPONSE: See documents attached. 18. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. RESPONSE: All discoverable documents are attached. 19. Copies of all surveillance/security videos of the lobby from the date of the accident. RESPONSE: None. 20. Copies of all employee manuals and policies. See documents attached. 21 . Copies of all manuals and policies dealing with pets. None. 22. Copies of any ledgers that list the names of guests staying at the hotel/motel with pets from two weeks prior to and the week following the accident. RESPONSE: Answering Defendant objects to this request to the extent that it the request is unduly burdensome, cumbersome, and neither relevant nor likely to lead to the discovery of admissible evidence. Subject to and without waiving same, Defendant has attached the ledgers for the three days prior to the alleged incident. 23. Photographs of any warning signs used by the hotel/motel. RESPONSE: See photographs attached. THOMAS, THOMAS & HAFER LLP 0~2-~ Kevin C. McNamara, Esquire ID No. 72668 Laura A. Gargiulo, Esquire ID No. 86128 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 '. Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo. Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. tJd/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants < !~,;i~};~;5,l,;>*A''rt .....;,;,;~0..:'T'i .;~> . ". ....y>Ccn,,:r!aFI,,~,I;E.u . '-)~~~~{i~~::o;Y~' Y:""'A/oS ",;,);l~!< ,,,:, ,~,'~i' <,;,~}>0>;t\~, " AND NOW, this f6th day of November, 2004, I do hereby certify that I sent a true and correct copy of the foregoing Response to Plaintiff's Request for Production of Documents, by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Richard Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 ~~~ '. AUTO-PO o AUTO-BI o INSURED CLAIMANT DATE //)1 S/7 ~-; I~ CLAIM PROGRESS FILE NO. WC-NLT o WC-LT o CONTACTS. FILINGS & RESERVES MED. PAY. o GEN. L1AB. o PRODUCTS o AUTO PHY. DAM. o P . PERSONAl T . TELEPHONE DATE TYPE W . WRITTEN RESERVE INSURED CLAIMANT WITNESS SISDAT INPUT CARD EMPLOYERS 1st NOTICE WC FORMS COMPANY SISDAT FIUNGS APPLICABLE DYES 0 NO SISDAT CLAIM NO. RECORD BRIEFLY CONTACTS, DECISIONS AND ACTIONS - INDICATE NAMES, PLACES, ETC. I, . \\ P . 1\ R. \ -J d e..~ e.,~ -~. 1J~ r/~ ~ jJ ~~ IW" ~ .e f:F-J:::.~ PTf,. . P {~\ -.I~l e~e.d 11 -~ vv-d:t. {~~J ~~.I M- 1A4~ C4.~_ ~ ~ ~$~C/(/C/ 1-"-- At pt:r7 :P # ~_ ~ .-R.(;/;(.l/f ~ (~a-t#-t'HAlf' a~ ~ ~ (~A~ JtM7 J/Q~ ~/lL~ l~ PR\ J I \ Q..~E.-d II r----------------------------------------- FUTURITY SUPERVISION DATE INmAL DATE INmAl OF03I (Rev. 5/71) Printed In U.S.A. ~ CLAIM PROGRESS RLE NO. AUTO-PO o AUTO-BI o WC-NLT o WC-LT o MED. PAY. o GEN. L1AB. o PRODUCTS o AUTO PHY. DAM. o CONTACTS, FIUN~S & RESERVES P - PERSONAL T - TELEPHONE DATE TYPE W . WRITTEN RESERVE INSURED COMPANY INSURED CLAIMANT WITNESS SISDAT INPUT CARD EMPLOYERS 1st NOTICE WC FORMS CLAIMANT SISDAT FILINGS APPLICABLE DYES ONO SISDAT CLAIM NO. DATE RECORD BRieflY CONTACTS, DECISIONS AND ACTIONS - INDICATE NAMES, PLACES, ETC. t~ ~ ~ ~ ~ ~6 ,/~~ /7f~~.P ?4~~ if/t? Jf1uk k - /UJ-t1;o tvh 1Zu+"U.,.; ~ \ \ () \ - \ 1\ II(\V\ ~ , g II PR\V\'\e/~L~ V i/7j & YJ-. ~ ~~.~ r----------------------------------------- f FUTURITY SUPERVISION DATE INITIAL DATE INmAL 0F03I (Rft. 5/71) Printed In U.S.A. . AUTO-PO o AUTO-BI o INSURED CLAIMANT DATE ! z)z7 I / ~d ~/tr2. 1/~ --. . r 3/17 3/?i$" CLAIM PROGRESS , WC-NlT o WC-LT o MED. PAY. o GEN. lIAB. o COMPANY FILE NO. PRODUCTS o AUTO PHY. DAM. o ~ '.~ONTACTS, FILINGS & RESERVES P . p,"sc.HAl T . TELEPHONE W . WRITTEN DATE TYPE RESERVE INSURED ClAIMANT WITNESS SISDAT INPUT CARD EMPlOYERS 1-' NOTICE we FORMS SISDAT FILINGS APPLICABLE DYES DNO SISDAT CLAIM NO. RECORD BRiEFlY CONTACTS, DECISIONS AND AcnONS - INDICATE NAMES, PLACES, ETC. ~L/ ~ 1/0 - ~c?~- 5YJO -X'3otJ? ~~~ ~""'/- ~ r~ ~~~~ ../ ~~bU4 ~-zA- /p~ ~-V~~ )1 PR; \{ ~ \Q.~ e..c\ 'I - - " ..J4?~ ~ Jo../ ~-~ f~ ~~ 0F03I (Rev. 517') Printed In U .SA. ~L~ ~ r----------------------------------------- I FUTURITY SUPERVISION I I DATE INITIAL DATE INmAL I I I I I I I J I I I I I I I I I .. . AUTO-pr r-; i-.: A~"'O-BI o INSURED CLAIMANT DATE <iJ,,- ~/ ~ tJ ri/f> 1/' /tt/'7 CLAIM PROGRESS. FILE NO. ~ . _"CON"';~CTS, FIlJNGS & RESERVES 'P . PEHSONAL . T . TELEPHONE W . WRITTEN DATE TYPE RESERVE WC-NLT o WC-LT o MED. PAY. o GEN. L1AB. o INSURED CLAIMANT WITNESS SISDAT INPUT CARD EMPlOYERS 1st NonCE we FORMS PRODUCTS o AUTO PHY. DAM. o COMPANY SISDAT FILINGS APPLICABLE DYES oNO SISDAT CLAIM NO. RECORD BRIEFLY COtlTACTS, DECISIONS AND ACTIONS - INDICATE NAMES, PLACES, ETC. ~cA.. ~ ~ H Pi('\-l \ \~e-6 '{ B~~~ ~;r ~/j b-dM ~~ ~;bt';/f_L~ (~-4- .J#/r~ z-/ ~~/~-'~A" kl1~ R;r-iJI? ~--b.- ~~ ~ LIJ IA / , t: f.,tJl.oI lit 6(""7 J" f/. o. /'!?~ ~ It) S'7 L 6 t /"t( 11?.L 0 A ''7() a 'II 717- 69{;.- 70 Lj~ ~ , I-{ l-(b 'Q..'€\J\e~ ~ - p lO(M\{ ~+OJu.l\. @ . ~ A.VyL. i { / I'd' ~d/~ ~ fJ'~ k~-e~ ~fC:7~ r----------------------------------------- FUTURITY SUPERVISION DATE INmAL INfl1AL DATE 0F038 (R.... 5171' Printed In U.S.A. .:=r...r Larry D. Milburn B!)IKh Manager // March 26, 2004 MS SUSAN EICH ALL RISKS LIMITED 1920 GREEN SPRING DR #200 TIMONIUM MD 21093-4126 RE: Policy #: Insured: Claimant: Date of Loss: Crawford File #: 0077/LEA624 Hilton C. Smith Companies Nancy Pippenger 05/10/03 151-45910-TM Dear Ms. Eich: This will serve as a status report referenced the above-captioned claim. and also confirm our e- mail to you on 5/7/04. CLAIMANT A ITORNEY II p{< \ i\ \ t g Q,d II . . He stated he would be filing suit in this claim. He asked for the information on the dog owner, Laurie Radabaugh, which we forwarded to him. He advised he intends to bring her in as an additional defendant on this claim. REMARKS: We have notified the insured manager, Jerri Henson, that ifshe is served with any papers to contact this office immed~ely. FURTHER HANDLING: We will'diary our file thirty (30) days. Very truly yours, CRAWFORD & COMPANY Terry McLaughlin, Adjuster TM/jr Cc: :MR CHUCK WIDTMORE CRAWFORD & COMPANY 1104 KENIL WORTH DR STE 200 BALTIMORE MD 21204-2160 4309 Linglestown Road, Suite 114WB · Harrisburg, PA 17112 · 717-671-1486 · FAX 717-671-5060 www.crawfordandcompany.com ar..,..@ Larry D. Milburn Branch Manager October 6, 2003 MS SUSAN EICH ALL RISKS LIMITED 1920 GREEN SPRING DR #200 TIMONIUM MD 21093-4126 RE: P06cy #: Insured: Claimant: Date of Loss: Crawford File #: 0077/LEA624 Hilton C. Smith Companies Nancy Pippinger 05/1 0/03 151-44276-TM Dear Ms. Eich: This letter follows and supplements our August 20, 2003 correspondence referenced the above- captioned claim.__ __ T.AIJRffi RADARAlTGH: We received a call from Ms. Laurie Radabaugh who is the owner of the dog that the insured stated may have caused the urine to be on the insured floor. She is the husband of Benny Wright. Ms. Radabaugh declined to give a recorded statement. She did say, however, that her dog did not get loose during their visit to the Appalachian Motor Inn. Furthermore, she states their rooms were not near the location of the fall. They stated their dog would never have been in this area of the insmed motel. Her current address for futlD"e information is PO Box 1057, LaGrange, GA 30241. Her cell phone number being (717) 386-7042. CT .ATMANT A TTORNEV. I PR,\\J\\QSe...d \I FlmTRF. ACTIVlTlF.S: We will maintain a thirty (30) day diary and await contact from the claimant attorney. Very truly yours, CRAWFORD & COMPANY Terry McLaughlin, Adjuster TMfJT 4309 Linglestown Road, Suite 114WB · Harrisburg, PA 17112 · 717--671-1486 · FAX 717--671-5060 www.crawfordandcompany.com August 20, 2003 MS SUSAN EICH ALL RISKS LIMITED 1920 GREEN SPRING DR #200 TIMONIUM MD 21093-4126 RE: Policy #: Insured: Claimant: Date of Loss: Crawford File #: Your File #: London File #: 0077/LEA624 Hilton C. Smith Companies Nancy Pippinger 05/10/03 151-44276-TM Unkown Unknown Dear Ms. Eich: This will serve as our initial report referenced the above~captioned claim. COVF.RAGF.: With the assignment, we received the coverage for the insured. The insured carries a commercial general liability policy applicable to the above-captioned accident. The term of this policy is 12/31/02 to 12/31/03 . We note that there is no deductible listed for bodily mJury. OATF., TIMF. ANO PI,ACF.: The above accident occurred on 5/10/03 at the Appalachian Motor Inn at 1825 Harrisburg Pike, Carlisle, P A 17013. OF.SC.RIPTION OF ACCIOF.NT: The claimant was walking in a hallway between the lobby and the rooms when she fell. The claimant was walking on the tile floor near the elevators when she slipped in a puddle of dog urine. The urine was left by a guest's dog and the insured was unaware of the puddle until after the fall. WlTNF.SSF.S: Attac~d is a cassette and summary of a statement obtained from Barry VanasvaIen. He resides at 6594 Carlisle Pike, Mechanicsburg, PA 17050. He is a 46 year old male with a home phone number of (71 7) 697-4195. He is employed by the insured as a maintenance worker. The insured maintenance worker was in the lobby when the claimant fell. The insured witness states that he saw the claimant walking near the elevators back to the rooms. The insured witness states that he saw the claimant fall backwards on the tile floor. Upon closer investigation, he saw that the claimant had slipped on a puddle of dog urine which was left on the tile floor. The insured witness stated he did not know about this puddle until after the fall. He states he would PAGE 2 have cleaned it up had he known about it. He states the claimant fell on her back and did not complain of any immediate injuries. No ambulance was called and the claimant returned to her room. TNSlJRF.D: We met with Ms. Gem Hinson, the manager of the Appalachian Motor Inn. The insured states dogs are allowed in the guests' rooms. She stated, however, they are not to be running free as is the case with this claim. . The owner of the dog was Bennie Wright and Laurie Radabaugh. The insured states that she has no phone number for these guests. She knows that Heartland Express Trucking employs them. . . They have a PO box in Carlisle. We will send a request for them to call us in regards to this. C.T .ATMANT: We have identified the claimant as Nancy Pippinger. The insured states she has been a guest at the insured on previous occasions. IN.TIJRY: The insured states that the claimant complained of some stiffuess after the accident. The insured states no ambulance was called. We will obtain more injury information once we obtain her statement. " 9t<.' \ 'J\ \t~-0_~'____ ___ A TTORNFY: Please see the enclosed letter to the claimant attorney. \\ p(\'~\\t~u ' "\0 \ _\q r (<\\)\ e~ FNCT .OSlJRF.S: EnSfsed is the statement summary as well as photos of the accident scene. We will hold the statement cassette in our file. Page 3 F1TT1TRF. ACTTVTTTF.S: We will report as information is received. If you have any additional investigation please advise. Very truly yours, CRAWFORD & COMPANY Terry McLaughlin, Adjuster TM/jr Enc: Photographs Diagram Insured witness statement summary and cassette Letter to claimant attorney .... ,~GINO & ROVNER, P.C. 4503 NORTIi FRONT STREET HARRISBURG, PA 17UO-1708 RICHARD C. ANGINO NEIL]. ROVNER JOSEPH M. MELIllO DAVlDL LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOAN 1. STEHULAK LISA M.B. WOODBURN 717/238-6791 FAX 717/238-5610 WWW.ANGlNo-ROVNER.COM E-MAIL: RSADLOCK@ANGlNo-ROVNER.COM January 5, 2005 VIA FAX: 237-7105 Laura Gargiulo, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor Harrisburg, P A 17108 VIA FAX: 243-8995 William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17013-0261 Re: PippeDl~er v. Carlisle Realtv and Lodging Associates, et al. Dear Laura and Bill: Please be advised I intend to file Motions to Compel Discovery Responses of all Defendants. Please immediately advise whether or not you will concur to this Motion. If I do not hear from you by the end of business on Thursday, January 6,2005, I will conclude you do not concur with the filing of this Motion. Thank you. .V:'lftrui;;o~. ss" ~ ~~ , .~~ J ... . Richa! A. S~d1(V'~,- . RAS/mlb ... 291182 ====... . ' THOMAS, THQMAS & HAFER LLP ATTORNEYS AT LAW WWW.tthlaw.t:om " 305 North Front Street, P.O. Box 999, Harrisburg, P A 17108 PhON: (717) 237~7100 Fax: (717) 237-7105 Laura A. Gargtulo (717) 441-7057 Igarg;ulo@rthlaw.com , ~ I January 5, 2005 " .' VIA FACSIMILE: 238-5610 Richard Sad lock, Esquire ANGINO & ROVNER, P .c. 4503 North Front Street Harrisburg, PA 17110-1708 ; ,}. '. ' Re: Nancy Pippenger v. Carlisle Realty and Lodging Associates, Appalachian Trail, Inc., tld/b/a Appalachian Motor Inn, Lorie Radabaugh and Ben Wright . c , ;~ :'::~ Dear Attorney Sad lock: ; I am in receipt of your faxed correspondence of today's date which indicates that you intend to file a Motion to Compel Discovery Responses of all Defendants. Please be advised that we do not concur in the Motion, Defendant Appalachian Trail, Inc.'s discovery responses were sent to your office on November 18, 2004. Very truly yours, THOMAS, THOMAS & HAFER. LLP ~,,~o-lr:, Laura A Gargiulo Enclosure cc: William A Addams . 333628.1 Bethlehem Office · 3400 Bath Pike, Suite :;'02, Bethlehem, PA 18017 · Phone: (610) 868-1675. Fax; (610) 868-1702 Pittsburgh Of.fice · 301 Grant Street, Suite 1150, Pittsburgh, P A 15219 · Phone: (412) 697-7403 . Fax: (412) 697-74fJ7 TOTAL P.12I2 (') l',) C <:7.;;, ~ C::;) <:;."'~ en <- -~ :1::;.a I::!J ;;;C rn -~ c r- .' -nr'1 ~ ~ 0 f~C? ~ . I. , :;J9 .. j ::" . ._' 1 .C'__ , -1,; C) ~~: J .J~J' r:-': i~; ~:~ ~.::; t-.) " --..! :<: C.',) ):'''' :J:J -< . . ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire LD. No. 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NANCY PIPPENGER, v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., tld/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFENDANTS LORIE RADABAUGH AND BEN WRIGHT Plaintiff, by and through her attorneys, Angino & Rovner, P.C., respectfully move this Honorable Court to compel Defendants Lorie Radabaugh and Ben Wright to file full and complete answers to Plaintiff s Interrogatories and Request for Production of Documents for the following reasons: 288351 1\ ANGINO & ROVNER, P.c. Richard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., tld/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL DISCOVERY DIRECTED TO DEFENDANTS LORIE RADABAUGH and BEN WRIGHT Plaintiff, by and through her attorneys, Angino & Rovner, P.C., respectfully move this Honorable Court to compel Defendants Lorie Radabaugh and Ben Wright to file full and complete answers to Plaintiffs Interrogatories and Request for Production of Documents for the following reasons: 288351 II 1. The Complaint was filed on June 30, 2004, with service via United States first- class mail on Lorie Radabaugh, Ben Wright, and Kevin McNamara, Esquire, counsel for Defendants Carlisle Realty and Lodging Associates and Appalachian Trial, Inc. tldlb/a Appalachian Motor Inn. 2. On September 14,2004, Plaintiffs counsel forwarded Interrogatories and Request for Production of Documents to counsel for Defendants Radabaugh and Wright. A copy of said discovery is attached hereto as Exhibit A. 3. Plaintiff s counsel has sent correspondence to Defendants' counsel requesting full and complete responses to the discovery requests. 4. As of the date of this Motion, Defendants have failed to respond to Plaintiffs Interrogatories and Request for Production of Documents. 5. All of the discovery sought by Plaintiff through her Interrogatories and Request for Production of Documents is relevant to the instant action. 6. Our Rules of Civil Procedure provide for the liberal granting of discovery. 7. Defendants have failed to comply with the discovery as required by Pa.R.C.P. 4005 and 4006. 8. Defendants have had more then ample time to respond to Plaintiffs discovery requests. 9. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery." Pa.R.c.P. 4019(a)(viii). 288351 . . 10. Plaintiff therefore believes that answering all of Plaintiffs discovery requests would not burden or oppress any of the Defendants. 11. Plaintiff is represented by Richard A. Sadlock, Esquire of the firm of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 12. Defendants Lorie Radabaugh and Ben Wright are represented by William A. Addams, Esquire, 27 West High Street, P.O. Box 261, Carlisle, PA 17013, (717) 243-7638. 13. Plaintiff forwarded a letter via fax on January 5, 2005, requesting defense counsel for Defendants to advise whether or not they will concur with the filing of this Motion. See copy of letter attached hereto as Exhibit B. 14. On January 5, 2005, Plaintiffs counsel received a fax from Laura Gargiulo, the attorney for Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn advising she does not concur with the instant Motion, A copy of Ms. Gargiulo's letter is attached hereto as Exhibit C. 15. To date, Plaintiffs counsel has not heard from Attorney Addams, defense counsel for Lorie Radabaugh and Ben Wright, and therefore believes he will not concur in the aforesaid Motion. WHEREFORE, Plaintiff respectfully requests Your Honorable Court order Defendants to respond to Plaintiffs Interrogatories and Request for Production of Documents. Plaintiff further requests that should Defendants fail to comply with the Court Order, then Defendants should be prohibited from presenting any testimony at the trial of this matter, precluded from entering 288351 , . defenses to Plaintiffs claims at trial, required to pay Plaintiffs attorney's fees and costs associated with the instant Motion, and such other sanctions as the Court deems appropriate. Richard A. A~(_~L' L:squire LD. No. 47281 4503 N. Front Street Harrisburg, PAl 711 0 (717) 238-6791 Counsel for Plaintiff Date: January 7,2005 288351 , II CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S MOTION TO COMPEL RESPONSES OF DISCOVERY on the following via postage prepaid, first class United States mail, addressed as follows: Laura Gargiulo, Esquire Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, P A 17108 Counsel for Defendants, Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tld/bla Appalachian Motor Inn William A. Addams Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17013 Counsel for Defendants Lorie Radabaugh and Ben Wright ~(ll J;:J lYuYm()~ Marcy L. ~~;s~r~ .. Date: January 7, 2005 288351 ANGINO & ROVNER, P.e. Richard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiffs: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NANCY PIPPENGER, v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO, 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS LORIE RADABAUGH AND BEN WRIGHT PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory. 283485 2. Any and all documents containing information relating to any answer to any Interrogatory. 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 5. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 283485 , . 6. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 7. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 8. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiff and her case. 9. Copies of all statements, memoranda, summaries or other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation or your attorney's investigation into the incident involved. You need not supply any attorney's "work product" or other material which is specifically accepted as a privileged by the above rule. 283485 10. All documents in your possession, custody or control prepared in anticipated of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. 11. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 283485 12. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.c.P. 4003.5 and/or F.R.C.P. No. 34. 13. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 14. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 283485 15. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 16. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possessIOn. 17. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. 18. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. 283485 19. Copies of any and all receipts from the Motor Inn for the week including the date of the accident. 20. Copies of any and all veterinarian records concerning your dog. 21. A duplicate original or a photograph of your dog taken at or about the time of the accident and any photographs taken at Defendant Motor Inn. ~d /D.~o. 4503 N. :t eet Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff Date: September 14, 2004 283485 CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C. do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS on the following via postage prepaid, first class United States mail, addressed as follows: William A. Addams, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 Counsel for Lorie Radabaugh and Ben Wright Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Counsel for Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc., tlb/dla Appalachian Motor Inn 'I /) '1'- iti" '/ II r /, , ',f !\ "--!1/6U) e~/r . __)LJh')'\f2,lj,~/L~- Marcy L. Brymesser t, j Date: September 14, 2004 283485 ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire I.D. No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A NANCY PIPPENGER, v. CIVIL ACTION-LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/dIb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANTS LORIE RADABAUGH AND BEN WRIGHT TO: Lorie Radabaugh and Ben Wright, and their counsel, William A. Addams, Esquire Hanft & Knight, P.c. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Plaintiff, through her attorney, hereby propounds the following Interrogatories upon Defendant pursuant to Pennsylvania Rules of Civil Procedure 4005 and 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If between the time of your answers to said Interrogatories and the time of the trial for this case you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses no identified in your said answers, or if you obtain or become aware of additional requested information not supplied to your answers, you shall promptly furnish the same to plaintiff's attorney by supplemental answers. 283444 For the purposes of these Interrogatories, "YOU" or "your" refers to the defendant and his or her files. the defendant's insurance company and its files, the defendant's attorney and his files, and all other persons. agents or representatives of the defendant and their files. "You" shall further include all persons on whose behalf defendant prosecutes this action and all persons who will benefit or be legally bound by the results of this action. Your answers to the Interrogatorie shall reflect and contain the knowledge of all of the above persons. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendant shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies, and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries, and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendant or known by him/her to exist. It shall also mean all copies of documents by whatever means made. Answer each interrogatory in the space following the interrogatory. Supplemental sheets may be attached for answers which require additional space. Please taken notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure 4006. These Interrogatories are to be de continuing and supplemental answers should reasonably be provided. ,/" /" Date: 11''I/oY Rfc~d ~lOCk. P'^iw! I.D. No.~;;;~ 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff 283444 1. For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your employer, employer's address, as well as the nature of your employment, and if married, give your spouse's name. ANSWER: 283444 2. Did either of the Defendants own a dog on the date of the accident referenced in Plaintiff's Complaint. If so, identify the breed of dog, its gender, its age, whether it was housebroken on the date of the accident, and how long you owned the dog up to the date of the accident. ANSWER: 283444 3. Prior to arriving at the Appalachian Motor Inn, did either of you make any formal reservations with the hotel/motel? If so, did either of you make any inquires regarding pet policies or provisions? ANSWER: 283444 4. Have either of you stayed at the Motor Inn prior to the date of the accident referenced in Plaintiff's Complaint? If so, provide the dates of your stays or number of times you stayed, on what occasions, and whether you brought a dog or other pet. ANSWER: 283444 5. Was the hotel/motel aware that a puppy or dog was present with you at any point in time prior to and subsequent to checking in for your stay that included the date of the accident? If so, please state how the hotel/motel was aware and whether anything in writing was necessary from you or the hotel/motel to keep the dog in your room. ANSWER: 283444 6. Did either of you receive any documentation from the hotel/motel regarding pet policies or provisions? If so, please specify what the policies or provisions were. ANSWER: 283444 much. ANSWER: 283444 7. Did you have to pay an additional charges for having a dog with them? If so, how 8. Did the hotel/motel have designated areas on the premises for pet walking? If so, how were you made aware of it and where was it located? ANSWER: 283444 9. Was management or any hotel/motel employee aware that your dog was in the common area of the hotel/motel prior to the time of the accident? ANSWER: 283444 10. Did the hotel/motel have warning signs regarding pets and the possibility of pet waste being on the floor of common areas in the hotel/motel? If so, please explain in detail the signs. ANSWER: 283444 11. Was your dog ever attended or supervised by anyone other than Ms. Radabaugh and/or Mr. Wright? If so, please provide the name, address, and telephone number of any such individual. ANSWER: 283444 12. Was your dog ever left unattended while at the Motor Inn? ANSWER: 283444 13. Did your dog interact with any employees ofthe Motor Inn? If so, please identify in complete detail the employees. ANSWER: 283444 14. Were there any other pets in the hotel/motel on the date of the accident? ANSWER: 283444 15 . For the period two years prior to Plaintiff's accident to the present, please identify the name, current address and telephone numbers (if known) of each and every person known by you to have been injured by your dog from tripping, slipping or falling on your dog's urine or feces and indicate each individual's injury, the date of the accident, and the exact nature and location for the accident. ANSWER: 283444 16. Did you receive any complaint, warning or other notice concerning a dangerous condition created by your dog urinating on the hotel/motel floor prior to Plaintiff's accident? If so, for each complaint, warning or other notice, state: (a) The date and time it was received; (b) Whether it was written or oral, and if oral, the substance of it; (c) The name and address of the person by whom it was given; (d) The nature and location of the danger or defect to which it related; and (e) Whether any action was taken as a result of each complaint, warning or other notice, and if so, a description of the action and the date and time it was taken. ANSWER: 283444 17. Give the carrier name, policy number and policy limits for each and every policy insuring you against the claims made in the instant action and indicate whether there is any reason why said policy would not be applicable to the allegations in Plaintiff's Complaint. ANSWER: 283444 18. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing distance of the accident referred to in the Plaintiff's Complaint or who claims to have any information concerning the condition of the area where the accident occurred prior to the accident and of the accident itself, and with regard to each person, state: (a) His or her exact location at the time of the accident; (b) His or her activity a the time of the accident; and (c) Whether he or she witnessed the accident. ANSWER: 283444 19. List the names, addresses and telephone numbers of each fact witness you intend to call at trial, and briefly summarize their anticipated testimony. ANSWER: 283444 20. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) (b) (c) (d) (e) (f) (g) ANSWER: 283444 The subject matter on which the expert is to testify; The facts and opinions to which the expert is to testify; A summary of the grounds of each opinion; The name of any report, memorandum or transcript used to substantiate each opinion; Any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in part; Any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and The date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. 21. With regard to each individual you expect to call as an expert witness at trial, state the following: ANSWER: 283444 (a) Date of birth; (b) Name and address of present employer, and if self-employed, name and address of the business; (c) Full formal educational background, with date of attendance and degrees obtained; (d) A list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) N ames and addresses of all persons, firms or corporations who have retained this expert in the past ten years to render a report or testify as an expert witness. 22. State exactly how you contend the incident occUlTed. ANSWER: 283444 23. Do you contend that Plaintiff was contributorily negligent or assumed the risk of her injuries? If so, state precisely the facts that support your position. ANSWER: 283444 24. State whether there was an accident report made regarding the subject incident, and if so, the place were such report was filed. ANSWER: 283444 25. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, or any other thing or matter involved in the incident in suit? If so, state: (a) The nature of the document the name(s) and addressees) of the person(s) preparing such document, and the date of its preparation; (b) The name(s) and addressees) of the person(s) presently having possession or custody of each such document; (c) The specific subject matter of the document; (d) The date it was made or taken; and (e) What the document purports to show, illustrate or represent. ANSWER: 283444 26. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Plaintiff's Complaint? Is so, identify: (a) Each person and the employer of each person who conducted any investigation; (b) The dates of investigations; and (c) All notes, reports or other documentation prepared during or as a result of the investigation, and the identity of the person(s) who have possession thereof. ANSWER: 283444 27. State the name of any person(s) who investigated this incident for you and for any person(s) interviewed by you or anyone on your behalf, state: (a) The address of the person(s) interviewed; (b) The method used in the interviewed (i.e., in person, telephone, etc.); (c) The date ofthe interview; (d) The substance of the information provided to you by the person interviewed; and (e) If you took a written statement or transcribed any oral statement, state who currently has possession of said statement and/or attach a copy to your response. ANSWER: 283444 28. Have you ever previously been involved in a lawsuit arising out of a fall similar to Plaintiff's fall? If so, state: (a) The date and location of the action; (b) The nature of the action; (c) The name(s) and addressees) of the party(ies); (d) The disposition of the action; and (e) The name and address of the attorney who represented you and the Plaintiff. ANSWER: 283444 29. Have you made any statements, whether in writing, tape recording or otherwise, to any person(s) regarding any of the events referred to in the Plaintiff's Complaint? Ifso, state: (a) The name(s) and addressees) of the person(s) to whom such statement was made; (b) The date of such statement; (c) The form of the statement, 1.e. written, oral, recording device, or stenographer; (d) Whether such statement, if written, was signed; and (e) The name(s) and addressees) of the person(s) presently having custody of such statement. ANSWER: 283444 30. Identify all exhibits which you expect to offer into evidence at the time of trial of this case. ANSWER: 283444 31. Did you or any employees of the Motor Inn have any knowledge of the existence of the condition alleged in Plaintiff's Complaint prior to the alleged occurrence? If so, indicate when and how said knowledge was obtained and any action taken in response to said knowledge. ANSWER: 283444 32. Was an inspection made prior to the accident to determine whether the area where Plaintiff was injured was in a safe condition? If so, state: (a) The frequency of such inspection; (b) The date and time of the last inspection prior to the accident; (c) The name, address and job title of the person who made each inspection and who made the last inspection; (d) A description of or the substance of the findings that were made on the last inspection; and (e) Whether any instructions were given as a result of the last inspection to remove, clean or alter anything in the are of the accident and, if so, a description of the instructions, and the name of each person to whom such instructions were given. ANSWER: 283444 33. Was any inspection made of the scene of the accident subsequent to the accident? If so, state: (a) The date and time it was made; (b) The name, address and job title of each person who made the inspection; (c) What findings were made; and (d) Any changes made to that area after the accident. ANSWER: 283444 34. Was any warning given to Plaintiff or any other person concerning any danger in the area where the accident occurred? If so, for each warning, state: (a) A description of, or the substance of, the warning that was given; (b) The name (or other means of identification) and address of each person who designed the warning; (c) The name (or other means of identification) and address of each person who implemented the warning; (d) The form in which it was given, and (e) The reason it was given. ANSWER: 283444 35. If your attorney has completed an investigation, please provide the name, address telephone number of all witnesses identified in the investigation. ANSWER: 283444 36. Have the Defendants, or any representative of the Defendants, their counsel, or their insurer performed or contracted to perform any surveillance of the Plaintiff or her activities at any time. If so, please identify each such person(s) or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data, or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes, or other information, including, but not limited to, videos, eight- minute films, and hand-written notes. ANSWER 283444 These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial of this case, you or anyone acting on your behalf learn the identity and whereabouts of any other witnesses(es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersigned by supplemental answers. Ric A. Sad . No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: September 14,2004 283444 CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANTS LORIE RADABAUGH AND BEN WRIGHT on the following via postage prepaid, first class United States mail, addressed as follows: William A. Addams, Esquire Hanft & Knight, P.c. 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 Counsel for Lorie Radabaugh and Ben Wright Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor Harrisburg, PA 17108 Counsel for Carlisle Realty and Lodging Assoc. and Appalachian Trail Inc., tld/bla Appalachian Motor Inn L/??(~l tLlx@~l1r}1}x~/ ~ Marcy L. B&messer{J Date: September 14, 2004 283444 ~GINO & ROVNER, P.C. 4503 NORm FRONT STREET HARRISBURG, PA 17110-1708 717/238-6791 FAX 717/238-5610 RICHARD C. ANGINO NEIL}. ROVNER JOSEPH M. MELILLO DAVID 1. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOAN 1. STEHULAK LISA M.B. WOODBURN WWW.ANGINo-ROVNER.COM E-MAIL: RSADLOCK@ANGINo-ROVNER.COM January 5, 2005 VIAFAX: 237-7105 Laura Gargiulo, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor Harrisburg, P A 17108 VIA FAX: 243-8995 William A. Addams, Esquire 27 West High Street P.O. Box 261 Carlisle, P A 17013-0261 Re: Pippenl!:er v. Carlisle Realtv and Lode:inl!: Associates. et al. Dear Laura and Bill: Please be advised I intend to file Motions to Compel Discovery Responses of all Defendants. Please immediately advise whether or not you will concur to this Motion. If I do not hear from you by the end of business on Thursday, January 6, 2005, I will conclude you do not concur with the filing of this Motion. Thank you. - ... Rich~ ~. Sadl[\,..~,- RAS/mlb .. 291182 ..Jnl' l:.J....)-.::::.t:J~;:) l.O-':::=;:;:) IHUMR~ THOMRS & HRFER '(1'( ~S( '(lk:1::> t-'.I,j':::: ==='" . THOMAS, TH9MAS & HAFER LLP ATTORNEYS AT LAW WWW.tthlaw.com 305 North Front Street, P.O. Box 999, Harrisburg, PA 171.08 Phone: (71'7) 237-7100 Fax: (717) 237.71.05 Laura A. Gargiulo (717) 441-7057 Igarg;ulo@rthlaw,lom , ,~ I January 5. 2005 ; , )~~ VIA FACSIMILE: 238-561Q Richard Sad lock. Esquire ANGINO & ROVNER, P .c. 4503 North Front street Harrisburg, PA 17110-1708 Re: Nancy Pippenger v. Carlisle Realty and Lodging Associates, Appalachian Trail, Inc., tJd/b/a Appalachian Motor Inn. Lorie Radabaugh and Ben Wright .,. f ~1.. ;';,: Dear Attorney Sad lock: ; I am in receipt of your faxed correspondence of today's date which indicates that you intend to file a Motion to Compel Discovery Responses of all Defendants. Please be advised that we do not concur in the Motion. Defendant Appalachian Trail, Inc.'s discovery responses were sent to your office on November 18, 2004. Very truly yours, THOMAS, THOMAS & HAFER. LLP ~"~d-it, Laura A. Gargiulo Enclosure cc: William A Addams , 333628.1 Bethlehem Oifice · 3400 Bath Pike, Suite 302, Bethlehem, PA 18017 · Phone: (610) 868-1675. Pax; (610) 868-1702 Pittsburgh Office · 301 Grant Street, Suite 1150, Pittsburgh, P A 15219 . Phone: (412) 697-7403 · Fax: (412) 697-74f:f1 TOTAL P.02 f'; " ", ~., () C ~ "-' .' -j -, ,......, C:"':) =~ (..../-, o .1 ---I F;:::g T1 ~:J ~; .:) '- C::J -'v ~~i r-) <' in (...) :{ (,) "'1 =-< NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3045 CIVIL CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d1b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES DIRECTED TO CARLISLE REALTY AND LODGING ASSOCIATES AND APPALACHIAN TRAIL INC" t/d/b/a APPALACHIAN MOTOR INN ORDER AND NOW, this I'r day of January, 2005, an argument on the plaintiff's motion to compel discovery is set for Thursday, March 3, 2005, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard A. Sadlock, Esquire For the Plaintiff Laura Gargiulo, Esquire \\ . For Defendants Carlisle Realty and Lodging Associates and ) ~ Appalachian Trail, Inc., t/d/b/a Appalachian Motor Inn ;/ , I K;t;ifu";jJ / William A. Addams, Esquire For Defendants Lorie Radabaugh and Ben Wright ~'- 1_ /9iJS 9~, ~iS:2 ;.:::1 '! :nT SiJOZ J NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-3045 CIVIL CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tldIb/a APPALACHIAN MOTOR INN, LORlE RADABAUGH and BEN WRIGHT, Defendants JURY TRlAL DEMANDED IN RE: PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES DIRECTED TO LORIE RADABAUGH AND BEN WRIGHT ORDER AND NOW, this /'/ . day of January, 2005, an argument on the plaintiff's motion to compel discovery is set for Thursday, March 3, 2005, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Richard A. Sadlock, Esquire For the Plaintiff ~. /lJ '. Hess, J. Laura Gargiulo, Esquire For Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tldIb/a Appalachian Motor Inn (./.J.-F0 fil-t.,ott,~tC- -' 1_19.05 <--r ' William A. Addams, Esquire For Defendants Lorie Radabaugh and Ben Wright :rlm SS :2 j ,f J 't C", 7 ...l.'U~ ::1Ci " ", WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 rNANCYI5fPpENGElr--------'--'-r-li1fueCollrfoFCommonPjea'so[--'] Plaintiff! Cumberland County Pennsylvania , CNIL ACTION - LAW JVs. No. 04-3045 i CARLISLE REALTY AND LODGING i ASSOCIATES, APPALACHIAN ! TRAIL, INC., T !D/B/ A I APPALACHIAN MOTOR INN, i LORlE RADABAUGH and BEN ! WRIGHT JURY TRIAL DEMANDED Defendants! PRAECIPE To Curt Long, Prothonotary: And now, this 20th day of January, 2005, it appearing that no response has been filed by the Respondents, in accordance with the attached Order of Court of December 21, 2004, the undersigned hereby withdraws as counsel for the Defendants, Lorie Radabaugh and Ben Wright. By:2~ William A. Addams DATE: January 20, 2005 WILLIAM A. ADDAMS, ESQUIRE ATTORNEY ill # 06265 27 W. HIGH ST. P.O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 rNANCY..PfPPENGER................;~.=:~~~.i. VS. ! CARLISLE REALTY AND LODGING! : ASSOCIATES, APPALACHIAN i ! TRAIL, INC., T/D/B/ A ! APPALACHIAN MOTOR INN, ! LORIE RADABAUGH and BEN !WRIGHT ...................;c.....................................................................-................................. In me Court of Common Pleas of , Cumberland County Pennsylvania CIVIL ACTION -LAW Case No. 04-3045 JURY TfUAL DEMANDED Defendants: i.............. ................................................,.............................................................m._...........,.................................................,........ ................................... ................................................... CERTIFICATE OF SERVICE AND NOW, this 20th day of January, 2005, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Praecipe wherein I am withdrawing as counsel for the Defendants, Radabaugh and Wright, by United States Mail, addressed to the party or attorney of record as follows: Lorie Radabaugh and Ben Wright 7073 Carlisle Pike, Lot 8 Carlisle, P A 17013. Richard A. Sadlock, Esquire Angina & Rovner 4503 N. Front St. Harrisburg, P A 17110-1708 Laura A. Gargiulo, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999 Harrisburg, P A 17108 /;:? ~~ ~-~ !......:.v y ~ r, ~'-.=~. WILUAM A. ADDAMS, ESQUIRE ATIORNEY ID# 06265 27 W. HIGH ST. P.o. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 ,!"':~ NANcY-PIPPENGER ---'--f---In the Cowt of cOlnmon Pleas of Plaintiff! Cumberland County Pennsylvania I VS. ,I a::~:~:~~w i CARLISLE REALlY AND LODGING ! ASSOCIATES, APPALAOIIAN 1 TRAIl... INC, TIDIBI A ! APPALAOIIAN MOTOR INN, 1 LORIE RADABAUGH and BEN ! WRIGHT L_~___~ JURy mlALDEMANDED Defendantsl QRPER OF COURT AND NOW,this ~ day of December, 2004, upon consideration of the within Petition a Rule is issued on the Respondents to show cause why William A. Addams, Esquire, should not be permitted to withdraw as counsel. This Rule shall become absolute if no response is filed within twenty (20) days. It is further ordered that this action is stayed for thirty (30) days from the date of this Order to give the Respondents an opportunity to ob~ other 7~ counsel. / Distributed to: Lorie Radabaugh and Ben Wright Richard A. Sadlock. Esquire Laura A. Gargiulo, Esquire William A. Addams, Esquire WILIlAM A. ADDAMS, ESQUIRE ATfORNEY ID'# 06265 27W.ffiGHST. P.O. BOX 261 CARUSLE P A 17013 TELEPHONE 717-243-7638 rNANCY PIPPENGER ---lfu-the Cow:t of Common Pleas of ! ;"'::,:': Plaintiff! Cumberland County Pennsylvania ! ! OVIL ACTION - LAW l vs.! ! i Case No. 04-3045 ! 1 CARUSLE REALTY AND LODGING i i !ASSOCIATIS,APPALACHIAN i i iTRAlL,INc., TID/B/A i JURY TRIAL DEMANDED ! ! APPALACHIAN MOfORINN, i i i LORIERADABAUGH and BEN i ! l WRIGHT i i : ~ : I _________. Def:~~tsl ______.__ ___ I .- QRDER OF <:OURT AND NOW,this day of December, 2004, upon consideration of the within Petition a Rule is issued on the Respondents to show cause why William A. Addams, Esquire, should not be permitted to withdraw as counsel. This Rule shall become absolute if no response is filed within twenty (20) days. It is further ordered that this action is stayed for thirty (30) days from the date of this Order to give the Respondents an opportunity to c;>btain other counsel. By the Court, J. WILLIAM A. ADDAMS, ESQUIRE AlTORNEY ID# 06265 27 W. HIGH ST. P.O. BOX 261 CARUSLE P A 17013 TELEPHONE 717-243-7638 ":,,!',,::NANCY PIPPENGV-ERS--. --.-- -or In the Cowt of Common Pleasof -- Plaintiff! Cumberland County Pennsylvania i.' CIVIL ACITON - LAW i Case No. 04-3045 ! CARUSLE REALTY AND LODGING !,.: ! ASSOClATES, APPALAOiIAN i TRAII..INC., T/D/B/ A "I, ! APPALAanAN MOTOR INN, :"".!.'_~...O~_ABAUGHandBEN I ___~~endantsl JURy lFlAL DEMANDED .' PETITION TO WITHDRAW AS COUNSEL fOR DEFENDANTS And now comes William A. Addams, counsel for Defendants, Lorie Radabaugh and Ben Wright, and in accordance with PA R.c.P. 1012, petitions Your Honorable Court for leave to withdraw, and in support thereof asserts the following: 1. Your Petitioner is William A. Addams, who entered his appearance as counsel for Respondents. 2. The Respondents are Lorie Radabaugh and Ben Wright who reside at 7073 Carlisle Pike, Lot 8, Carlisle, P A 17013. . 3. OnJuly 8,2004, Petitioner filed an Answer to the Complaint on behalf of the Respondents. 4. Discovery in this matter has been commenced by the Plaintiff and the other Defendants. 5. At the initial meeting with the Respondents and also by letter, the Petitioner requested a $500 retainer and has since billed Respondents for his professional services to date. .' 6. Despite repeated requests and promises, the Respondents have paid nothing to the Petitioner for his services, which causes an unreasonable strain on the attorney client relationship. WHEREFORE, your Petitioner requests Your Honorable Court to issue an Order permitting his withdrawal as counsel. William A Addams Dated: December 16, 2004 .. " WILUAM A. ADDAMS, ESQUIRE AITORNEY ID # 06265 '2:7 W. HIGH ST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 ,. Ii NANCY PIPPENG~-----'-- i Plaintiff ! I . I vs. I ! CARLISLE REALTY AND WDGING I I ASSCXlATES, APPALAGllAN.. ::..:l..: ITRAIL,INC., T/D/B/A i APPALACHIAN MOTOR INN, I WRIE RADABAUGH and BEN !wroGHT ! ! Defendants I ! \..----.---.--.---.---..------i-________________._I In the Court of ComnionPieasor-l Cumberland County Pennsylvania i ClVILACl10N -LAW ! Case No. 04-3045 I JURYTIUAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 16th day of December 2004, I, William A. Addams, Esquire, hereby certify that I have this date served a copy of the Petition to Withdraw by United States Mail, addressed to the party or attorney of record as follows: Lorie Radabaugh and Ben Wright 7073 Carlisle Pike, Lot 8 Carlisle, P A 17013. Richard A. SadIock, Esquire Angino & Rovner 4503 N. Front St. Harrisburg, P A 17110-1708 Laura A. Gargiulo, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front St. P.O. Box 999 Harrisburg, P A 17108 , , William A. Addams ~-" "' ~ .-;) <.:.J"'\ '-~ ".>- ':'~~ C) , -'II ~-\ "'I' ; ",\ t..) C,;. ,,-I ,'\ - Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and odging Assoc. and Appalachian Trail, Inc. t/d/b/a Appalachian Motor Inn v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NANCY PIPPENGER Plaintiff CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 - Civil Term JURY TRIAL DEMANDED Defendants RESPONSE OF DEFENDANTS CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL. INC, Ud/b/a APPALACHIAN MOTOR INN TO PLAINTIFF'S MOTION TO COMPEL AND NOW, comes Defendant, Appalachian Trail, Inc., by and through its attorneys, Thomas, Thomas and Hafer, LLP, who files this response to Plaintiff's Motion to Compel Discovery Responses: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. On November 18, 2004, Defendant, Appalachian Trail, Inc. submitted its responses to Plaintiff's Interrogatories and Request for Production of Documents. Moreover, on January 7,2005 and January 14, 2005 Defendant supplemented said discovery responses as additional information became available. Attached hereto as Exhibits "A" and "B" respectively are true and correct copies of the transmittal letters for said supplemental discovery. Further, as Defendants investigation is ongoing, to the extent additional information becomes available in the future, Defendant will continue to timely supplement its responses to Plaintiff's discovery requests. 5. Admitted. 6. Denied as stated. Although certain items in the Interrogatories and Request for Production of Documents are relevant to the claims raised, limited objections were made to a few of the Interrogatories and Requests based, in part, upon relevancy and, in part, upon other considerations. See, Exhibit "B" to Plaintiff's Motion. Even in the few instances where objections were made, responsive answers were given. 7. Admitted with qualification. The Rules of Civil Procedure provide for liberal discovery, but subject to specific limitations. 8. Denied. 9. Admitted with qualification. The responding party has answered discovery as required by the Rules of Civil Procedure. 1 O. It is admitted that counsel has paraphrased Rule 4019. 11. Denied. See, objections to Plaintiff's discovery requests. 12. Denied. Pursuant to Pa.R.C.P. 4003.3: The discovery shall not include disclosure of the mental impressions of a party's attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories. With respect to the representative of a party other than the party's attorney, discovery shall not include disclosure of his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. Pursuant to, and in accordance with Rule 4003.3, Defendant redacted portions of documents that contained material that is not discoverable. This response has also been supplemented by letter dated February 22, 2005 and a Privilege Log has been produced describing the materials that are being withheld. The materials withheld are clearly not 335581-1 2 discoverable and a in camera inspection of them would be useless. A copy of the Privilege Log is attached hereto and marked Exhibit C. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and proof thereof is demanded. WHEREFORE, Defendant, Appalachian Trail, Inc., respectfully requests that this Honorable Court deny Plaintiff's Motion to Compel. Respectfully submitted, Date: d/:>>!tJ.5 THOMAS, THOMAS & HAFER LLP i C . VV'! Ylt\-'\,~~ Kevin C. McNamara, Esquire ID No. 72668 Laura A. Gargiulo, Esquire ID No. 86128 305 North Front Street, PO Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant, Appalachian Trial Inc. 335581-1 3 ATTORNEYS AT LAW THOMAS, THOMAS & HAFER LLP w\',,'w.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, P A 17101 Phone: (717) 237-7100 Fax: (717) 237-7105 Laura A. Gargiulo (717) 441-7057 19argiulo@tthlaw.com January 7, 2005 Richard Sad lock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Re: Nancy Pippenger v. Carlisle Realty and Lodging Associates, Appalachian Trail, Inc., t/dlbla Appalachian Motor Inn, Lorie Radabaugh and Ben Wright Dear Attorney Sadlocl<: As a supplement to discovery requests previously answered by Defendant Appalachian Trail Inn, enclosed please find schedules for the hotel employees during the relevant time frame. Very truly yours, THOMAS, THOMAS & HAFER, LLP Laura A. Gargiulo LAG:l<s:333628.2 Enclosure celene: William A. Addams Bethlehem Office .3400 Bath Pike, Suite 302, Bethlehem, PA 18017 . Phone: (610) 868-1675. Fax: (610) 868-1702 Pittsburgh Office .301 Grant Street, Suite 1150. Pittsburgh, PA 15219 . Phone: (412) 697-7403. Fax: (412) 697-7407 ATTORNEYS AT LAW ~ ~ THOMAS, THOMAS & HAFER LLP Wt\Tw.tthlaw.com Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Street Address: 305 North Front Street, Harrisburg, P A 17101 Phone; (717) 237-7100 Fax: (717) 237-7105 Laura A. Gargiulo (717) 441-7057 19argiulo@tthlow.com January 14, 2005 Richard Sadlock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, P A 1711 0-1708 Re: Nancy Pippenger v. Carlisle Realty and Lodging Associates, Appalachian Trail, Inc., tJd/b/a Appalachian Motor Inn, Lorie Radabaugh and Ben Wright Dear Attorney Sadlock: Per your request, enclosed please find clearer color photocopies taken relative to the above- captioned matter. Very truly yours, THOMAS, THOMAS & HAFER, LLP Laura A. Gargiulo LAG:ks:333628.3 Enclosures celene: William A. Addams , Bethlehem Office .3400 Bath Pike, Suite 302, BeUuehem, PA 18017 Pittsburgh Office .301 Grant Street, Suite 1150, Pittsburgh, PA 15219 . Phone: (610) 868-1675. Fax; (610) 868-1702 . Phone; (412) 697-7403 . Fax; (412) 697-7407 Pippenger v. Carlisle Realty and Lodging Associates, Appalachian Trail, Inc. tld/b/a Appalachian Motor Inn, Lorie Radabaugh and Ben Wright "PRIVILEGE LOG" Documents Withheld or Redacted by Defendant Carlisle Realty and Lodging Associates, Appalachian Trail, Inc. Ud/b/a Appalachian Motor Inn Privileae/Obiection Svmbols ACP = Attorney-client privilege AWP = Mental impressions, conclusions OpiniOnS, memoranda, notes or summaries, legal research or legal theories of Defendant's attorney MI = Menta! impressions, conclusions, or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of Defendant's representatives NR = Information that is neither relevant nor likely to lead to the discovery of relevant information Document Number Date Description Objection/ Privile e MI MI MI 01 02 D3 /22/ /13 3/26/2004 to re-suit offer of settlement Claim note containjn ad'uster's summa of the claim Correspondence from adjuster pertaining to claim alue Correspondence from adjuster containing liability evaluation, reserving information and planning for urther handlin Email re ardin unrelated "Conwa " claim Correspondence from adjuster containing liability evaluation Fax containing liability evaluation, planning for urther handlin Correspondence from adjuster containing liability evaluation Correspondence containing claim summary and evaluation This letter is an exact duplicate of 08 his is an exact duplicate of 09 Correspondence from adjuster containing evaluation and qualitative comments on the value of pre-suit disclosures b Plaintiff's counsel Correspond rvin information MI D4 8/20/2003 D5 D6 /15/2003 1/2/2004 NR MI D7 3/15/2004 MI D8 3/26/2004 MI D9 3/17/2004 MI D10 011 D12 1/26/2004 3/17/2004 1/30/2004 MI MI MI D13 335645..1 5/7/2004 MI . . . ~ CERTIFICATE OF SERVICE AND NOW, this ,;)..J. ",t day of r;trH~Y" I , 2005, I do 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: Richard Sad lock, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Ben Wright and LorieRadebaugh 7073 Carlisle Road, Lot 85 Carlisle, PA 17013 THOMAS, THOMAS AND HAFER, LLP i-C-W1Yl~~ Kevin C. McNamara, Esquire 335581-1 4 j) 3 L_ ~ ...,., <'", "" N ~ ~., :3 v? l"-' c' Kevin C. McNamara, Esquire Identification Number: 72668 Laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 717/441-7057 Attorneys for Defendants Carlisle Realty and Lodging Assoc. and Appalachian Trail, Inc. Ud/b/a Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING: ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 - Civil Term JURY TRIAL DEMANDED Defendants CERTIFICATE PREREOUlSITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. Plaintiff does not object to the subpoena and waives the Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21; 2. A copy of a letter dated March 3, 2005, and executed by Plaintiffs counsel, Richard A. Sadlock, Esquire, indicating no objections and waiver of the notice of intent is attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which is attached to this certificate. Date: 311~/6<5 THOMAS, THOMAS & HAFER, LLP ~;g~r-to Attorney for Defendants Post Office Box 999 Harrisburg, PA 17108 (717) 441-7057 237274.1 ,ANGINa & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1708 717/238-6791 FAX 717/238-5610 RlCI-iARD C. ANGINO NEIL}. ROVNER JOSEPH M. :tvtEULLO DAVlDL LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK JOAN L. STEHULAK LISA M.B. WOODBURN WWW.ANGINO-ROVNER.COM E-MAIL: JDEClNTI@ANGINQ-ROVNER.COM March 3, 2005 Kate A. Wilhelm, Paralegal Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 J..T!:Irrlchnro- Pn. 171nQ ~~~~~""'''''-''e>' ... ~ ~ ..,..,,~ Re: Pippenl!:er v. Carlisle Realtv and Lodl!:inl!: Associates. et al. Dear Ms. Wilhelm: I have received your Notice of Intent to Serve Subpoena on Pinnacle Health. I have no objection to this subpoena. However, I would request that you provide me wjth copies of the documents you receive in response to the subpoena at no charge as a supplement to our discovery requests. Thank you. RAS/mlb 294940 NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Pinnacle Health System, P.O. Box 8700, Harrisburg, PA 17101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. reports, treatment notes, diaqnostic studies, correspondence, writinqs, etc. for treatment rendered to Nancv J Pippenqer. ssn: 169-38-7276, d/o/b: 2/9/46 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburq. 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. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serv'ing 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: Laura A. Garqiulo, Esquire ADDRESS: P.O. Box 999, Harrisburq, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT 10#: 86128 ATTORNEY FOR: Defendant DATE: {1';:l or 1-. I. ;),OO$' . , Seal of the Court Prothonotary/Clerk, Civil D' . ion '-- ~ /7/}-- "- J2. 7)112 /7/t'J' LI-~ Deputy C CERTIFICATE OF SERVICE I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows, on the date set forth below: Richard Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Ben Wright and Lorie Radebaugh 7073 Carlisle Road, Lot 85 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Jia;/c Kate A. Wilhelm, Paralegal ---,- Dated: 3/1{)/o~ 237274.1 Kevin C. McNamara, Esquire Identification Number: 72668 laura A. Gargiulo, Esquire Identification Number: 86128 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 7171441-7057 Attorneys for Defendants Carlisle Realty and lodging A,lSoc. and Appalachian Trail, Inc. lIdl la Appalachian Motor Inn NANCY PIPPENGER Plaintiff v. IN THE COURT OF COMMON PLEt S CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CARLISLE REALTY AND LODGING: ASSOCIATES, APPALACHIAN TRAIL, INC., tJd/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 - Civil Term JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things purs ant to Rule 4009.22, Defendant certifies that: I. Plaintiff does not object to the subpoena and waives the Notice of Inte t to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.2 ; 2. A copy ofa letter dated March 21, 2005, and executed by Plaintiffs cou sel, Richard A. Sadlock, Esquire, indicating no objections and waiver of the Notice of Intent i attached to this Certificate; 3. A copy of the proposed subpoena is attached to this certificate; and 4. The subpoena which will be served is identical to the subpoena which i attached to this certificate. THOMAS, THOMAS & HAF ER, LLP Date: .3/029/05 / , .' C)1'1 77" A .- Kevin C. McNamara Identification Number: 72668 305 N. Front Street P. O. Box 999 Harrisburg, P A 171 08 (717) 237-7132 345438.2 ATTORNEYS AT LAW I~ www.tthlaw.com THOMAS, THOMAS & HAFER LLP 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Rick L. S ains, Jr., Paralegal (717) 441-7056 stains@tthlaw.com March 21,2005 Richard Sadlock, Esquire Angino & Rovner, P.e. 4503 North Front Street Harrisburg, P A 1711 0 RE: Nancy Pippenger v. Carlisle Realty and Lodging Associates, et al. Docket No.: 04-3045 (Cumberland County) Our File No.: 230.40975 Dear Attorney Sadlock: Enclosed please find a Notice ofIntent to Serve Subpoena to Greencastle Pami Practice, pursuant to Rule 4009.21. If you have no objection to the subpoenaing of these record and are willing to waive the 20-day notice period, please sign where indicated and return a copy of this letter to me at your earliest convenience. Thank you for your attention to this matter. Sincerely, THOMAS, THOMAS & HAFER LLP By: Rick Stains, Jr., Parale to Kevin C. McN a Enclosures:347364.! cc: Ben Wright and Lorie Radabaugh (w/enc.) I, 76 U'1{)Jd Sad Lout., Esquire, counsel for Plaintiff, have no objecti serving of the subpoenas identified in the attached Notice of Intent and hereby waive th period. Counsel for Defendant shall provide me with COPi~F eyobtain these subpoenas. oj- no ~arc:f-' Date: ~/1,VI;)\ , I I n to the 20-day notice ant to , Esquire . ~ ~.-' Lehigh Valley Office: 3400 Bath Pike, Suite 302, Bethlehem. PA 18017 . Phone: (610) 868-1675 . Fax: 610) 868-1702 -. NANCY PIPPENGER, IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PENNS ,TL VANIA Plaintiffs v. NO. 04-3045 CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, CIVIL ACTION - LAW JURY TRIAL DEMANDE '\ Defendants NOTICE OF INTENT TO SERVE SUBPOENAS I TO PRODUCE DOCUMENTS AND THINGS I FOR DISCOVERY PURSUANT TO RULE 4009.2 Defendant intends to serve subpoenas identical to the ones that are attached to his notice. You have twenty (20) days from the date listed below in which to file of record and se -ve upon the undersigned an objection to the subpoenas. Ifno objection is made, the subpoenas ma be served. THO~S?H,~.~S ~ H~FER' ~LP By: /{:.. ( ",Y'i "/7('...r,.~. ""-CL Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7132 Attorney for Defendants Carlisle Realty and Lodging Ass ciates, Appalachian Trail, Inc., tldlbla Appalachian Motor Inn Date: '1/-".' j,."" ~ v'(t....l 347360.] \ v. IN THE COURT OF COMMO\! PLEAS CUMBERLAND COUNTY, P CIVIL ACTION - LAW NANCY PIPPENGER Plaintiff CARLISLE REALTY AND LODGING ASSOCIATES, APPALACHIAN TRAIL, INC., t/d/b/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, NO. 04-3045 JURY TRIAL DEMANDED Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Greencastle Familv Practice 50 Eastern jl venue Greencastle, PA 17225 Within twenty (20) days after service of this subpoena, you are ord red by the court to produce the following documents or things: Comolete conies of anv and all medical records renorts treatment notes diannostic studies corresnondence writinos etc. for treatment rendered to Nancv J Pinnenoer SSN: 169-38-7276, D/O/B: 2/9/46 at: Thomas Thomas & Hafer LLP 305 N. Front St. P.O. Box 999 Ha isburo PA 17108. You may deliver or mail legible copies of the documents or produce things r quested by this subpoena, together with the certificate of compliance, to the party naking 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 by this subpoena, VI ithin 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: Kevin C. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburq, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Divi ion Deputy , CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law finn Thomas, Thomas, Thomas & Hafe LLP, hereby certify that I have served a true and correct copy of the foregoing docmnent on tI e following persons by placing a copy of the same in the United States mail, first class mail, directe to their office addresses as follows: Richard Sadlock, Esquire ANGINO & ROVNER, P.c. 4503 North Front Street Harrisburg, P A 1711 0-1708 Ben Wright and Lorie Radebaugh 7073 Carlisle Road, Lot 85 Carlisle, PA 17013 THOMAS, THOMAS & HAF Rick Stains, Jr., Paralegal to Kevin C. McNamara By: , Date: J} 2-1 (O~ 3473601 CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firm Thomas, Thomas, Thom s & Hafer, LLP, hereby certify that I have served a true and correct copy of the fo egoing document on the following persons by placing a copy of the same in the Unit d States mail, first class mail, directed to the addressed as follows, on the date set fort below: Richard Sad lock, Esquire Angino & Rovner, P.C. 4503 North F rant Street Harrisburg, PA 17110 Ben Wright and Lorie Radebaugh 7073 Carlisle Road, Lot 85 Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LL ..---~ --._~~ Rick / Dated: 5/2 1105~ 345438.2 - '...........1 -,) c , (.) > ANGINO & ROVNER, P.C. Richard A. Sadlock, Esquire J.D. No. 47281 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717)238-5610 E~rnail rsadlock@angino-rovner.com Attorneys for Plaintiff: Nancy Pippenger NANCY PIPPENGER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW CARLISLE REALTY AND LODGING NO. 04-3045 - Civil Term ASSOCIATES, APPALACHIAN TRAIL, INC., t/dIb/a APPALACHIAN MOTOR INN, LORIE RADABAUGH and BEN WRIGHT, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. ;;,-' --~--- ) / Ri (1 A. Sa .D. No. 47281 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: April 3, 2006 323463 ~ CERTIFICATE OF SERVICE I, Marcy L. Brymesser, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S PRAECIPE FOR DISCONTINUANCE on the following via postage prepaid, first class United States mail, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor Harrisburg, PA 17108 Counsel for Defendants Carlisle Realty and Lodging Associates and Appalachian Trail, Inc., tld/bla Appalachian Motor Inn Lorie Radabaugh and Ben Wright 7073 Carlisle Road, Lot 85 Carlisle, PA 17013 Date: April 3, 2006 'j~ ~ ~~j) I..A ~ Mar L. ~rym sser 323463 C; C' r"'") :-:~-i c: (,-; c:...