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Home My WebLink About10-7592 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Aarne Joe Stefanon ' 561 Criswell Drive Boiling Springs, PA 17007 vs. Defendant(s) & Address(es) Lester Associates et al. (see attached sheet} Case No. 1U- ~L) GJO~ Civil Term Civil Action ;~" :..~ i u `~ r~ i c ~ ~ ~ ~':i ~ '- ~ ar• j +Wti ~.'"? .~ r --.~ ~ J Y.e ~~ W PRAECIPE FOR WR1T OF SUMMONS . ? .~: ~= ~.~ TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorn /Sheriff. le s Cir choice Date : 12/9/2010 Signa of Atto ey Print Name: Justin Stefanon Address: 1847 Center Street Camp Hill PA 17011 Telephone #:717-761-6162 Supreme Court ID Number: 204580 • • • • • WRIT OF SUMMONS TO: YOU ARE NOTIFIED THAT THE ABOVE-NAME; ACTION AGAINST YOU. Date: ~~ ~' ~~~ ~~~ ~~~ ~~`1 ~.1~-l~ur~on ~e~ ~~ ~~ :.~ ,.. ~, -~r.~ -c> r- J ~~ ~~ ...+~~ `~../ s~ y~ ~.J •~ .y. ANTHONY STEFANON, ESQUIRE I.D. #25497 JUSTIN STEFANON, ESQUIRE I.D. #204580 1847Center Street Camp HIII, PA 17011-1703 Attorneys for Plaintiff AARNE JOE STEFANON Plaintiff vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW PRAECIPE FOR WRIT OF SUMMONS Lester Associates 111 Presidential Blvd, Suite 140 Bala Cynwyd, PA 1 9004-1 086 Metro Commercial Real Estate, Inc Eight Tower Bridge 161 Washington Street, Suite 375 Conshohocken, PA 19428 Outback Steakhouse of Florida LLC 25 Gateway Drive Mechanicsburg, PA 17050 OS Restaurant Services, Inc. 25 Gateway Drive Mechanicsburg, PA 17050 OSI Restaurant Partners LLC 25 Gateway Drive Mechanicsburg, PA 17050 Michelle Shivers 25 Gateway Drive Mechanicsburg, PA 17050 Philip M. Hipsky 35 East Queen Street, Apt. 1 Ephrata, PA 17522 ANTHONY STEFANON, ESQUIRE 1.0. 025497 JUSTIN STEFANON, ESQUIRE I.D. 0204580 1847 Canter Street Camp Hill, PA 17011-1703 Attomeys for Plaintiff AARNE JOE STEFANON Plaintiff vs. FILE-FFICE Of T 9E PROTHONOTARY' 12 21111 r, CtJ'.,iti OO`H', ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and CIVILACTION - LAW OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC :No. 16 -?S9 A C( 1 TQy? and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendants PRAECIPE TO RE-ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue Writ of Summons against the above named Defendants and deliver that Writ to the Sheriff for service on the Defendants. Date: 7 Z U RESPECTFULLY SUBMITTED By: Justin Ste n, Esquire I.D. 204580 1847 Center Street Camp Hill, PA 17011 (717) 761-6162 SI0.?°?b a J ? a53`?S8 BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers Plaintiff(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, Inc.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS Tropical RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) ENTRY OF APPEARANCE CASE NO. 10-7592 Civil Terse C-) C !`rt CO M ?r ?D CD C-) C7 DC --1 -C !V 0 L cri O N OD C3 r=- -r MC2 O _?O' O On --1rn D Kindly enter my appearance on behalf of Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers in the above-captioned matter. Date: January 4, 2011 7 NORMAN W. BRIGGS, ESQUIRE Attorneys for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, vs. Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers Plaintiff(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, Inc.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS Tropical RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ro -001 a ? a ?M W Kindly issue a Rule to File Complaint against the Plaintiff in the above- captioned matter. NORMAN W. BRIGGS, ESQUIRE Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers CASE NO. 10-7592 Civil Term Dated: January 4, 2010 BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers Plaintiff(s) : COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, Inc.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS Tropical RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) CASE NO. 10-7592 Civil Term 5 cs? cS 4 o i o (10 (? Q O ? v rJ o RULE TO FILE COMPLAINT 9 ?w And now this J ' day of JGIYwI 2011, a rule is hereby granted upon Plaintiff, Aarne Joe Stefanon, to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a judgment of non pros. ja) - ( -1 " / , Prothonotary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Aarne Joe Stefanon vs. Michelle Shivers (et al.) F I E0- r FICA 200 111A!,1 12 IM cr, r', 7 LIMBERLAa W C W4 P f Case Number 2010-7592 SHERIFF'S RETURN OF SERVICE 12/14/2010 08:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Michelle Shivers, by making known unto Scott Noble, Manager for Outback Steakhouse at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, TY 12/14/2010 08:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: OS Restaurant Services, Inc., by making known unto Scott Noble, Manager for OS Restaurant Services, Inc. at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY 12/14/2010 08:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Outback Steakhouse of Florida LLC, by making known unto Scott Noble, Manager for Outback Steakhouse of Florida LLC at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, D UTY 12/14/2010 08:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2010 at 2040 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: OSI Restaurant Partners LLC, by making known unto Scott Noble, Manager for OSI Restaurant Partners LLC at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BU EPUTY 12/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Philip M. Hipsky, but was unable to locate him in his X bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Writ of Summons according to law. 12/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lester Associates, but was unable to locate them in his s bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Writ of Summons according to law. 12/14/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Metro Commercial Real Estate, Inc., but was unable to Y locate them in his bailiwick. He therefore deputized the Sheriff of Montgomery County, Pennsylvania to serve the within Writ of Summons according to law. 12/29/2010 Montgomery County Return: And now December 29, 2010 I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lester Associates by making known unto Pat Smith, adult in charge for Lester Associates at 111 Presidential Boulevard, Suite 140, Bala Cynwyd, Pennsylvania 19004 its contents and at the same time handing to her personally the said true and correct copy of the same. 12/29/2010 Lancaster County Return: And now, December 29, 2010 I, Terry A. Bergman, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Philip M. Hipsky the defendant named in the within Writ of Summons and that I am unable to find him in the County of Lancaster and therefore return same NOT FOUND. Request for service at 37 E. Queen Street, Apartment 1, Ephrata, Pennsylvania 17522 the defendant was not found. Deputies were advised, Philip M. Hipsky has not resided at this address in over two years. 12/30/2010 Montgomery County Return: And now December 30, 2010 I, John P. Durante, Sheriff of Montgomery County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Metro Commercial Real Estate, Inc. by making known unto Careyann Pearson, adult in charge for Metro Commercial Real Estate, Inc. at Eight Tower Bridge, 161 Washington Street, Suite 375, Conshohocken, Pennsylvania 19428 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $157.44 January 05, 2011 SO ANSWERS, RON Y R ANDERSON, SHERIFF c ;ct-? 1 r finer - SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER± PENNSNLVANIA, 17608-3480 - (717) 299-8200 CIG SHERIFF SERVICE PLEASE MAKE SURE FORM PRINTS PROCESS RECEIPT, and AFFIDAVIT of RETURN LEGIBLY 1. PLAINTIFF/S/ 2. COURT DOCKET NUMBER AARNE JOE STEFANON i 2010-7592 3. DEFENDANT/S/ 4. TYPE OF DOCUMENT TO BE SERVED PHILIP M. HIPSKY WRIT OF SUMMONS SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED PHILIP M. HIPSKY 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) 35 EAST QUEEN STREET, APT #1, EPHRATA PA 17522 7 INDI(ATFIIJUSUAI SFRVIC DEPUTIZE- OTHER Now, 20_,1 SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: --- --------- CUMBERLAND COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs ,ale thereof. 3 H n x H ro 7EnC 9. SIGNATURE OF ATTORNEY OR OTHER ORIGINATOR Print Name 10, TELEPHQNE-A{l}MBER - ; 19. DATE AF'PTHQNX STI AWIN r 17 761-6162 ' Ia/05/2410 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice is to be mailed) ANTHONY STEFANON 1847 CENTER STREET, 1.3. i a?.nttuw1CUye IC(_t [PL U1 Ll tc WS IL --1 "r F-Y 12 16 2010 _OL r l1 L?11 -`-- or complaint as indicated above YVETTE TURCO 717 723-4519 16.1 Hereby CERTIFY an RETURN that I have personally served, j have lei evidence o service ass own in "Remarks", j ave execute as shown in ;Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, 17, ' I hereby certify and return a NOT FOUND because I am unable to located the Individual, om an , cor oration, etc., namea above. _ 18. Name and title of individual Served(if not shown above) (Relationship to Defendant) 19. r- No Service See Remarks Below 20. Address of where served (Complete only it different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service i2--.ti me AM / PM Boro, TWP, State and ZIP Code) E.s.T/ E.o.s.T 23. Attempts Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date Miles Dep. Int Date iles Dep. Int a-)l (? 1 r 24. Advance Costs 25. Service Costs 26. Notary Costs 27. Mileage/Postage/N.F 28. Total Co sts 29. COST DUE OR REFUt4D 100150.0 $30.50 ?v ls? R 30. Remarks: S.T.A.: -,?- t 31XFFIRMED and subscribed to before me this 34. day of 37 20 Prothonotary/Deputy/Norary Public MY COMMISSION EXPIRES 32. SignatuT f 35. Signature of SO ANSW 1, ?q? '(,, A. Bergman 33.Date ? LAf- e Date 11,3 LANCASTER 0011 PA FILED-OFFICE 0 TIDE Pr 0THCN3TA 'IN Y 21?11 S 31 PM 3: 45 C'JMRERLAND COUNT% PENNSYL4'ANI; ANTHONY STEFANON, ESQUIRE I.D. #25497 JUSTIN STEFANON, ESQUIRE I.D. #204580 1847Center Street Camp Hill, PA 17011-1703 Attorneys for Plaintiff AARNE JOSEPH STEFANON Plaintiff vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10-7592 NOTICE TO PLEAD To: Lester Associate, Metro Commercial Real Estate, Inc., OSI Restaurant Partners LLC, Outback Steakhouse of Florida LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky You are hereby notified to file a written response to the enclosed COMPLAINT within twenty (20) days from service hereof or a judgment may be entered against you. Justin Stefanon Attorney for Plaintiffs ANTHONY STEFANON, ESQUIRE I.D. #25497 JUSTIN STEFANON, ESQUIRE I.D. #204580 1847Center Street Camp Hill, PA 17011-1703 Attorneys for Plaintiff AARNE JOSEPH STEFANON Plaintiff vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 10-7592 COMPLAINT 1. Plaintiff is Aarne Joseph Stefanon, an adult individual residing at 561 Criswell Drive Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant Lester Associates is a fictitious name for Sidney Becker and Leonard Becker registered with the Commonwealth of Pennsylvania with offices or principal place of business located at 111 Presidential Blvd, Bala Cynwyd, Montgomery County, Pennsylvania. 3. Lester Associates (hereinafter 'Lester') is the record owner by deed recorded in Book 262, page 2143 with the Cumberland County Recorder of Deeds, of the shopping center where 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania is located. 4. Defendant Metro Commercial Real Estate, Inc. is a Pennsylvania corporation with offices or principal place of business located at Eight Tower Bridge, 161 Washington Street, Conshohocken, Montgomery County, Pennsylvania. 5. Defendant Metro Commercial Real Estate, Inc. (hereinafter 'Metro') is the property manager for the shopping center where 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania is located. 6. Defendant OSI Restaurant Partners LLC is a Corporation organized and existing under the laws of the state of Delaware with offices or principal place of business at 2202 North West Shore Boulevard, Tampa, Florida. 7. Defendant Outback Steakhouse of Florida LLC is a Corporation organized and existing under the laws of the state of Florida with offices or principal place of business at 2202 North West Shore Boulevard, Tampa, Florida. 8. Defendant OS Restaurant Services, Inc. is a Corporation organized and existing under the laws of the state of Delaware with offices or principal place of business at 2202 North West Shore Boulevard, Tampa, Florida. 9. Defendant Michelle Shivers is an adult individual residing at 2030 Gramercy Place, Hummelstown, Dauphin County, Pennsylvania. 10. Defendant Philip M. Hipsky is an adult individual residing at 1815 Bradfield Drive, Mount Joy, Lancaster County, Pennsylvania. 11. Defendants OSI Restaurant Partners LLC, Outback Steakhouse of Florida LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky (hereinafter collectively 'Outback') are the owners and proprietors of the Outback Steakhouse restaurant located at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 12. On December 11, 2008 Plaintiff Aarne Joseph Stefanon fell out of his wheelchair in front of the entrance to the aforementioned Outback Steakhouse restaurant located at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 13. On the aforementioned date, Plaintff was traveling to his place of employment at the Huntington Learning Center located at 25 Gateway Drive, two doors to the south from the aforementioned Outback Steakhouse restaurant. 14. The sole route available to the aforementioned Huntington Learning Center is by way of a curb ramp between the entry vestibule to the Outback Steakhouse restaurant and the north end of the sidewalk. 15. In traveling from the aforementioned curb ramp to the Huntington Learning Center, Plaintiff, with the assistance of his highly trained service dog, Ichabod, was forced to pass by the entry vestibule to the Outback Steakhouse restaurant on a narrow, serpentine path between two pillars, several benches, and the vestibule itself on a section of sidewalk that slopes downward toward the street with a significantly elevated curb. 16. On the aforementioned date, as Plaintiff was passing by the aforementioned vestibule on the aforementioned section of sidewalk when three Outback Steakhouse employees partaking of a cigarette break obstructed the path of his wheelchair and service dog. The service dog attempted to pass between the employees and the second pillar, causing Plaintiffs wheelchair to strike the second pillar, casting him backwards off of the curb where he landed, unharmed, on the back of his wheelchair in the fire lane. 17. Plaintiff recovered himself, re-mounted the curb ramp, and again attempted to pass by the vestibule. Once again the Outback Steakhouse employees failed to give way to Plaintiff and his service dog. The service dog attempted to pass to the right of the pillar, causing Plaintiff to roll forward off of the curb. 18. Plaintiff was thrown to the ground face-first, causing injuries including broken front teeth and abrasions to his face and knees. 19. The injuries suffered by Aarne Joseph Stefanon were caused by the negligent erection and maintenance of the vestibule entryway to the aforementioned Outback Steakhouse restaurant, the negligent construction and maintenance of the curb ramps at the shopping center containing the restaurant, and the negligent actions of the Outback Steakhouse employees as will be more fully set forth hereinafter. 20. As the result of the aforesaid injuries, Aarne Joseph Stefanon has undergone an extended course of medical care and treatment including emergency hospital care; oral surgeries; doctor's visits; medications; and related care and treatment, all of which have caused him to incur medical expenses for the aforesaid care and treatment. 21. As the result of the aforesaid injuries, Aarne Joseph Stefanon has individually endured great mental and physical pain, anguish, distress, suffering, and disfigurement and will continue to endure such conditions for the remainder of his natural life. 22. As the result of the aforesaid injuries, Aarne Joseph Stefanon has suffered both temporary and permanent disabilities and has been prevented from attending to the normal activities of his daily life, all of which have resulted in aggravation, inconvenience, embarrassment and humiliation. COUNTI NEGLIGENCE AARNE STEFANON V. LESTER AND METRO 23. The averments of the foregoing paragraphs 1 through 22 are incorporated herein by reference. 24. Defendants Lester and Metro owned and maintained control of the premises at the 25 Gateway Drive and held said premises open to customers and employees of businesses leasing storefronts thereupon, which involved construction and maintenance of the sidewalks and curb ramps providing access to the aforementioned businesses. 25. Plaintiff Aarne Joseph Stefanon was on the premises as an employee of the Huntington Learning Center and as such was a business invitee of Lester and Metro on the aforementioned date at the time of his injury, and Defendants Lester and Metro owed to him the highest duty to make its premises safe for his use. 26. The design, construction, maintenance and monitoring of the sidewalks and curb ramps at the site of the incident in question were negligently performed in the following respects: a) Only a single curb ramp providing access to the Huntington Learning Center approximately complied with the requirements set forth by Title II of the Americans with Disabilities Act (ADA), providing only one fairly available route to the Huntington Learning Center; and b) The available route required any user seeking access to any storefront other than the Outback Steakhouse restaurant to pass by the vestibule entry to the Outback Steakhouse restaurant; and c) The section of sidewalk in front of the vestibule entry to the Outback Steakhouse restaurant sloped downward toward the curb, which curb dropped approximately six (6) inches to the macadam of the fire lane; and d) The available route, upon approach to the aforementioned section of sidewalk required a person to navigate a narrow path between a bench, a pillar, and the corner of the vestibule entry; and e) The available route, after passing the vestibule entry, required a person to navigate a narrow path between another corner of the vestibule entry, another pillar, and another bench; and f) The remaining curb cuts, which would have allowed a person to avoid the aforementioned narrow paths, were negligently designed in a manner such that they could not be traversed by a wheelchair-bound person with limited strength; and g) The remaining curb cuts have too steep a running slope; and h) The remaining curb cuts have too narrow a ramp run; and i) The remaining curb cuts have no detectable warnings; and j) The remaining curb cuts do not have flush transitions between the gutter and the ramp, instead having an abrupt level change; and k) The vestibule presented an unreasonable obstruction of the sidewalk; and 1) The sidewalks and curb cuts suffered from other such defects as may be identified through continuing investigation and discovery. 27. Defendants Lester and Metro knew or should have known that the provision of a single available path which passed by a protruding vestibule on a downward sloping sidewalk presented a substantial likelihood of injury and unreasonable risk of harm or damage to persons in the position of Aarne Joseph Stefanon, should have expected that such persons would not discover or realize the danger or would fail to protect themselves against it, and failed to exercise reasonable care to protect such persons against said danger. 28. Defendants Lester and Metro knew or should have known that wheelchair bound invitees would have to navigate the hazards presented by their obstructed sidewalk to enter the premises of the Huntington Learning Center. 29. Defendants Lester and Metro were negligent in failing to provide a clear and accessible path for Plaintiff to access the premises of the Huntington Learning Center. 30. The aforesaid negligence by Defendants Lester and Metro caused the injuries and damages suffered by Aarne Joseph Stefanon as set forth in the foregoing paragraphs. WHEREFORE, Plaintiff demands judgment against Lester Associates and Metro Commercial Real Estate, Inc. for special damages, general damages, delay damages, interest, and costs of suit, in an amount which exceeds the limit of compulsory arbitration under the local rules of the Court of Common Pleas of Cumberland County, Pennsylvania. COUNT II NEGLIGENCE AARNE STEFANON V. OUTBACK 31. The averments of the foregoing paragraphs 1 through 28 are incorporated herein by reference. 32. The Outback Defendants occupied the aforesaid business premises and erected and maintained the vestibule entryway, the curb ramp, and the sole available route in a negligent manner as set forth in the previous paragraphs. 33. The Outback Defendants negligently provided a cigarette ash receptacle and benches adjacent to the second aforementioned pillar, encouraging its patrons and employees to block the aforementioned available route. 34. The Outback Defendants are vicariously liable for the actions of their employees who negligently failed to give way and provide a clear available path at the place and time of the incident in question. 35. The Outback Defendants knew or should have known that the erection of a protruding vestibule adjacent to a downward sloping sidewalk on the only available route for wheelchair bound patrons of neighboring business presented a substantial likelihood of injury and unreasonable risk of harm or damage to persons in the position of Aarne Joseph Stefanon; should have expected that such persons would not discover or realize the danger or would fail to protect themselves against it; and failed to exercise reasonable care to protect such persons against said danger. 36. The employees of the Outback Defendants knew or should have known their obstruction of a narrow route adjacent to a curb with a significant drop down to a macadam surface presented a substantial likelihood of injury and unreasonable risk of harm or damage to persons in the position of Aarne Joseph Stefanon; should have expected that such persons would not discover or realize the danger or would fail to protect themselves against it; and failed to exercise reasonable care to protect such persons against such danger. 37. The employees of the Outback Defendants had actual knowledge that their obstruction of the sidewalk presented an actual danger to Plaintiff and failed to take any action to abate that hazard. 38. The aforesaid negligence of the Outback Defendants and their employees caused the injuries and damages suffered by Plaintiff. WHEREFORE, Plaintiff demands judgment against OSI Restaurant Partners LLC, Outback Steakhouse of Florida LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky for special damages, general damages, delay damages, interest, and costs of suit in an amount which exceeds the limit for compulsory arbitration under the local rules of the Court of Common Pleas of Cumberland County, Pennsylvania. DATE: ;tZ011 RESPECTFULLY SUBMITTED, By An ny Stefanon, Esquire #25497 Justin Stefanon, Esquire #204580 407 North Front Street P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below written, he served a true copy of the foregoing COMPLAINT upon the persons listed below, at the addresses set forth, by First Class United States Mail: Norman W. Briggs, Esquire BRIGGS LAW OFFICE LLC 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 Attorney for OSI Restaurant Partners LLC, Outback Steakhouse of Florida LLC, OS Restaurant Service, Inc., and Michelle Shivers Lester Associates 111 Presidential Blvd, Suite 140 Bala Cynwyd, PA 19004-1086 Metro Commercial Real Estate, Inc. Eight Tower Bridge 161 Washington Street, Suite 375 Conshohocken, PA 19428 Phillip M. Hipsky 1815 Bradfield Drive Mount Joy, PA 17552 RESPECTFULLY SUBMITTED, By: JUSTIN STEFANON I.D. #204580 1847 Center Street Camp Hill, PA 17011 DATE: th, (717) 761-6162 ? ? ? ? VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of his knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities. Aa DATE: ? r 31 - ?'b l Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendant Lester 301 Market Street Associates P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com AARNE JOE STEFANON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 10-7592 V. CIVIL ACTION - LAW LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA, LLC; OS TROPICAL MM RESTAURANT SERVICES, INC.; zM CO "vr- MICHELLE SHIVERS; and PHILIP M. ??. HIPSKY, rz co cD xQ ?? R Defendants C PRAEC/PE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Lester Associates, in the above- captioned action. Respectfully submitted, JO ON DUFF 7STEWART 8 WEIDNER By: effrey B. R eft Esquire Attorney I.D. No. 19616 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 1br(a)jdsw.com 432645 Attorney for Defendant Lester Associates CERTIFICATE OF SERVICE AND NOW, this day of February 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony Stefanon, Esquire Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Counsel for Plaintiff Norman W. Briggs, Esquire Briggs Law Office, LLC 300 Walnut Street Suite 2 Philadelphia, PA 19106 Counsel for Defendants OS/ Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc, and Michelle Shivers Philip M. Hipsky 35 East Queen Street Apartment 1 Ephrata, PA 17522 Metro Commercial Real Estate, Inc. Eight Tower Bridge 161 Washington Street Suite 375 Conshohocken, PA 19428 JOHNSON, DUFFIE, STEWART & WEIDNER By . ?/Jeftrey B. Re BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, Plaintiff(s) VS. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO. 10-7592 Civil Term r-f o? r ? n c? D? DEFENDANT OSI RESTAURANT PARTNERS, LLC, OUTBACK STEAKHOUSE OF FLORIDA, LLC, OS RESTAURANT SERVICES, INC., MICHELLE SHIVERS AND PHILIP M. HIPSKY'S ANSWER, NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO RULE 2252(d) f J C:1 ':' C7, Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, by and through their attorneys, Briggs Law Office, LLC, hereby respond to Plaintiff's Complaint as follows: I 1. Denied. After reasonable investigation, Answering Defendants do not possess sufficient information to either admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 2. Denied. After reasonable investigation, Answering Defendants do not possess sufficient information to either admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 3. Denied. After reasonable investigation, Answering Defendants do not possess sufficient information to either admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 4. Denied. After reasonable investigation, Answering Defendants do not possess sufficient information to either admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 5. Denied. After reasonable investigation, Answering Defendants do not possess sufficient information to either admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied as stated. The Outback Steakhouse restaurant located at 25 Gateway Drive, Mechanicsburg, Cumberland County, Pennsylvania, is leased and operated, in part, by Defendants Outback Steakhouse of Florida, LLC, and currently, Michelle Shivers. -2- 12. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 13. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 14. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 15. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 16. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 17. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 18. Denied. After reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 19. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that Answering Defendants acted in a negligent manner, and it is also denied that the Answering Defendants' restaurant was -3- constructed and maintained in a negligent manner. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. 20. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 21. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 22. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. COUNT I 23. Answering Defendants incorporate by reference its responses to ¶1-22 as though fully set forth at length herein. 24-30. Denied. The allegations of these paragraphs refer to parties other than Answering Defendants. To the extent a response is required of said Answering Defendants, said allegations are denied as a conclusion of law for which no response -4- is required. To the extent the allegations contained within this paragraph are deemed other than conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants are without sufficient information to admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, demand judgment in their favor and against the Plaintiff, Aarne Joe Stefanon, along with costs of this action. COUNT II 31. Answering Defendants incorporate by reference its responses to 11-30 as though fully set forth at length herein. 32. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that Answering Defendant erected and maintained the vestibule entryway, curb ramp in a negligent manner. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. 33. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that Answering Defendants were negligent for allegedly providing a cigarette ash receptacle and benches or that these items serve to obstruct the only available route within the shopping center. 34. Denied as a conclusion of law for which no response is required. -5- 35. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that Answering Defendants acted in a negligent manner or failed to exercise reasonable care to protect individuals within the shopping center. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. 36. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that the Answering Defendants acted in a negligent manner, or failed to exercise reasonable care. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. 37. Denied as a conclusion of law for which no response is required. To the extent the allegations contained within this paragraph are deemed other than conclusions of law, it denied that the Answering Defendant had actual knowledge of any potential danger to the Plaintiff. 38. Denied as a conclusion of law for which no response is required. To the extent that the allegations contained within this paragraph are deemed other than conclusions of law, it is denied that Answering Defendants acted in a negligent and/or careless manner. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. WHEREFORE, OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, demand judgment in their favor and against the Plaintiff, Aarne Joe Stefanon, along with costs of this action. -6- NEW MATTER 39. Plaintiff fails to state a cause of action upon which relief can be granted. 40. Plaintiffs' cause of action is barred by the applicable Statute of Limitations. 41. Plaintiff's claim is barred by the Doctrine of Assumption of Risk. 42. Plaintiff's claim is barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C. S.A. §7102 et seg. 43. Plaintiff's injuries were caused in whole or in part by individuals and/or entities which the Answering Defendants has no control over, and/or right to control. 44. Plaintiff's injuries were not caused by the incident described within the Plaintiff's Complaint. 45. Answering Defendants owed no legal duty to the Plaintiff. 46. Plaintiff was a trespasser at the time of the incident. 47. Defendants, Michelle Shivers and Philip Hipsky, have no personal and/or individual liability. 48. Answering Defendants had no actual and/or constructive notice of any alleged dangerous condition. 49. Answering Defendants were not responsible for the maintenance and/or repairs and construction of the Common Areas of the shopping center described within the Plaintiff's Complaint. 50. There was no dangerous and/or defective condition located at the property in question. 51. The Defendants OS Restaurant Services, Inc and OSI Restaurant Partners, LLC did not lease or own the location in question. 52. To the extent there was a dangerous and/or defective condition on the Defendant's premises, said condition was open and obvious. 53. To the extent there was a condition upon the Answering Defendant's premises, the alleged defect was de minimis in nature. 54. The area where the Plaintiff allegedly fell was not within the possession or control of the Answering Defendants. WHEREFORE, OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, demand judgment in their favor and against the Plaintiff, Aarne Joe Stefanon, along with costs of this action. NEW MATTER CROSSCLAIM PURSUANT TO RULE 2252(d) CROSS-CLAIM FOR CONTRIBUTION AND INDEMNIFICATION 55. Answering Defendant incorporates by reference paragraphs 1 through 54 as though fully set forth at length herein. COUNT I - CONTRACTUAL INDEMNIFICATION 56. At the time of the Plaintiff's incident, a Lease Agreement existed between Defendant Outback Steakhouse of Florida, LLC (hereinafter "Outback") and Co- Defendants Lester Associates and Metro Commercial Real Estate, Inc (hereinafter "Landlord"), which was in full force and effect for the premises :identified in the Plaintiff's Complaint in Civil Action. 57. Defendant Outback leased a portion of the Shopping Center located in Mechanicsburg, Pennsylvania from Defendant Landlord. 58. The shopping center contains a number of "Common Areas," which includes the walkways and other areas identified in the Plaintiff's Complaint in Civil Action as being defective. -s- 59. The parties' Lease Agreement states that Defendant Landlord is solely responsible for the repair, maintenance and replacement of the Common Areas and must pay all costs and expenses relating to said use. 60. The parties' Lease Agreement further requires that Defendant Outback must pay a pro rata share to Defendant Landlord of the common area expenses, which include the maintenance of the Common Areas. 61. The parties' Lease Agreement further states that Defendant Landlord must indemnify, hold harmless and defend Defendant Outback from any and all claims, including reasonable attorneys' fees and costs, arising out of the Common Areas. 62. To date, Defendant Landlord has not accepted or acknowledged its obligation to indemnify and defend Outback in this action. 63. As a result of Defendant Landlord's breach of its Lease obligations, Defendant Outback has incurred expenses in the form of attorneys' fees and costs. WHEREFORE, Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky demand judgment in their favor and against the Co-Defendants, Lester Associates and Metro Commercial Real Estate, Inc., along with costs. COUNT II - COMMON LAW CONTRIBUTION 64. Answering Defendant incorporates by reference paragraphs 1 through 63 as though fully set forth at length herein. 65. While denying any liability for damages and injuries to Plaintiffs, if Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, should be adjudged liable to the Plaintiffs, said Answering Defendants demand contribution from any and -9- all Co-Defendants, jointly, severally, or in the alternative and therefore, said Answering Defendants demand contribution pursuant to Pennsylvania Law 42 Pa. C. S. A. 7012 et seq. WHEREFORE, Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky demand judgment in their favor and against the Co-Defendants, Lester Associates and Metro Commercial Real Estate, Inc., along with costs. BRI OFFICE, LLC Dated: April 29, 2011 NORMAN W. BRIGGS, ESQUIRE Attorney for Defendants Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky -10- VERIFICATION Norman W. Briggs hereby states that he is the attorney for the Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky in this action, and verifies that the statements made in the foregoing Answer, New Matter and New Matter Cross-Claim are true and correct to the best of his knowledge, information, and belief. He understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. NORMAN W. BRIGGS Dated: April 29, 2011 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com FILED-OFFICE OF THE PROTHONOTARY 2011 MAY 26 AM 11: 10 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant Lester Associates AARNE JOE STEFANON, Plaintiff V. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA, LLC; OS TROPICAL RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 10-7592 CIVIL ACTION - LAW NOTICE TO PLEAD To: Plaintiff c/o Anthony Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Philip M. Hipsky 1815 Bradfield Drive Mount Joy, PA 17552 Defendants OSI Restaurant Partners, LLC Outback Steakhouse of Florida, LLC OS Restaurant Services, Inc. Michelle Shivers c/o Norman W. Briggs, Esquire 300 Walnut St, Suite 2 Philadelphia, PA 19106 Metro Commerical Real Estate, Inc. Eight Tower Bridge 161 Washington Street, Suite 375 Conshohocken, PA 19428 You are hereby notified to file a written response to the enclosed Defendants' Answer to Plaintiff's Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Joh Duffle, St wart & Weidner Bj - Jeffrey B. Rettig, squire Attorney 1. D. No, 19616 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 717-761-4540 Attorney for Defendant Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com AARNE JOE STEFANON, Plaintiff Attorneys for Defendant Lester Associates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 10-7592 V. CIVIL ACTION - LAW LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA, LLC; OS TROPICAL RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendants ANSWER OF DEFENDANT LESTER ASSOCIATES TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes Defendant Lester Associates by its attorneys, Johnson, Duffie, Stewart & Weidner, and replies to Plaintiffs Complaint as follows: 1. It is admitted that Plaintiff is who he says he is. As to the balance of the allegations contained in this paragraph, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and proof thereof is demanded. 2. Denied as stated. Lester Associates is not a fictitious name, but rather is a partnership doing business as Gateway Square Associates. 3-4. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 5. It is denied that Metro Commercial Real Estate, Inc. is the property manager for the Gateway Squire Shopping Center 6-8. On information and belief, admitted. 9-11. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and proof thereof is demanded. 12. Denied as stated. It is admitted, based on information and belief, that the Plaintiff fell out of his wheelchair. As to the location of Plaintiff's fall, after a reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 13-17. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 18. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments regarding the cause of Plaintiff's fall and the extent of his injuries, and proof thereof is therefore demanded. 19. Denied. These allegations represent conclusions of law to which no reply is required. 20-22. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. COUNT 1- NEGLIGENCE AARNE STEFANON v. LESTER AND METRO 23. The answers to paragraphs 1-22 are incorporated herein by reference. 24. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 25. Denied. These allegations represent conclusions of law to which no reply is required. 26. Denied pursuant to Pa.R.C.P. 1029. Paragraph 26(I) has been withdrawn by stipulation. 27-28. Denied. These allegations represent conclusions of law to which no reply is required. 29-30. Denied. The allegations of negligence are denied as conclusions of law. As to the balance of the allegations of these paragraphs, after a reasonable investigation, Defendants are without knowledge or information to form a belief as to the truth of said averments and proof thereof is demanded. WHEREFORE, Defendant Lester Associates requests that Count I of Plaintiff's Complaint be dismissed without costs to it. COUNT II PLAINTIFF v OUTBACK STEAKHOUSE OF FLORIDA, LLC 31-38. These allegations are not addressed to Answering Defendant and thus no reply is necessary. NEW MATTER ADDRESSED TO PLAINTIFF 39. Plaintiffs claims and/or alleged losses are barred by his own comparative negligence, with any liability on the part of Defendant Lester Associates being expressly denied. 40. Plaintiff's claim is barred or reduced by virtue of the Pennsylvania Comparative Negligence Act. 41. The alleged negligence of Defendant Lester Associates, which negligence is expressly denied, was not the proximate cause of any injury suffered by the Plaintiff. 42. Plaintiff has or may have failed to mitigate his damages. 43. Plaintiff assumed the risk of his injuries. 44. Plaintiff's claims may be barred by the applicable statute of limitations. 45. To the extent that Plaintiff claims that Defendant Lester Associates failed to comply with the Americans with Disabilities Act, Plaintiff is not entitled to compensatory damages for said noncompliance. WHEREFORE, Answering Defendant requests that Plaintiff's Complaint be dismissed without cost to him. CROSS-CLAIM v CO-DEFENDANTS 46. Without admitting the truth thereof, the allegations of Count II of Plaintiff's Complaint are included herein by reference thereto. WHEREFORE, in the event the Answering Defendant is found liable to Plaintiff, which liability is expressly denied, then the Co-Defendants are liable over to Answering Defendant or liable to Answering Defendant for indemnification and/or contribution. Respectfully submitted, JOH N DUFFI STEWART & WEIDNER By: j,0effrey B. Retti squire Attorney I.D. No. 9616 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 ibr(c?idsw.com Attorneys for Defendant Lester Associates 440433 VERIFICATION hereby acknowledge that Lester Associates is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to PlaintlfPs Complaint with New Matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. LESTER ASSOCIATES b I? DATE: Wc? CERTIFICATE OF SERVICE AND NOW, this _J_? day of May 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer of Defendant Lester Associates to Plaintiff's Complaint with New Matter upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony Stefanon, Esquire Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Counsel for Plaintiff Norman W. Briggs, Esquire Briggs Law Office, LLC 300 Walnut Street Suite 2 Philadelphia, PA 19106 Counsel for Defendants OS/ Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc, and Michelle Shivers Philip M. Hipsky 1815 Bradfield Drive Mount Joy, PA 17552 Metro Commercial Real Estate, Inc. Eight Tower Bridge 161 Washington Street Suite 375 Conshohocken, PA 19428 JOHNSON, DUFFIE, STEWART & WEIDNER By: r effrey B. Re i WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 ANON V. LESTER ASSCOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS, LLC and OUTBACK STEAKHOUSE OF FLORIDA, LLC and OS RESTAURANT SERVICE, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY TO THE PROTHONOTARY: ATTORNEY FOR DEFENDANT METRO COMMERCIAL REAL ESTATE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 10-7592 E') na TRIAL BY JURY OF 12 DEN ma C_ cn _. ENTRY OF APPEARANCE - ??-' C',, _.ar- -ate My CD Ewa C-; 'J Kindly enter my appearance in the above captioned matter on behalf of Defendant, Metro Commercial Real Estate, Inc. Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Metro Commercial Real Estate, Inc. Dated: WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 AARNE JOSEPH STEF V. LESTER ASSCOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS, LLC and OUTBACK STEAKHOUSE OF FLORIDA, LLC and OS RESTAURANT SERVICE, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY ATTORNEY FOR DEFENDANTS METRO COMMERCIAL REAL ESTATE, INC. `'' rn m c- er :. ' ' = r -< CUMBERLAND COUNTY c, COURT OF COMMON PLEA NO.: 10-7592 TRIAL BY JURY OF 12 DEMANDED DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendant, Metro Commercial Real Estate, Inc., in the above captioned matter. U Dated:-L//q Respectfully submitted, HENDRZAK & LLOYD WILLIAM E. DENGLER, ESQUIRE Attorney for Defendant, Metro Commercial Real Estate, Inc. .BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, Plaintiff(s) vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CASE NO. 10-7592 - Civil Term c a , ? MW C.- te Z N - CD r - < ci ?. - -a s -n v C STIPULATION AND ORDER TO AMEND CAPTION AND NOW this --(:? It - day of , 2011, upon stipulation and agreement by the undersigned, counsel for the Plaintiff Aarne Joe Stefanon and counsel for the Defendants, OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers, IT IS hereby ORDERED and DECREED that the following Defendants are hereby dismissed without prejudice from this action: (A) OSI Restaurant Partners, LLC; (B) OS Restaurant Services, Inc.; (C) Michelle Shivers; and (D) Phillip M. Hipsky * ,If investigation and discovery reveal that Defendants OSI Restaurant Partners, LLC, OS Restaurant Services, Inc., Michelle Shivers or Phillip M. Hipsky are, in fact, viable parties, then the Plaintiff has the right to file an Amended Complaint, Motion and/or Consent Order to rename OSI Restaurant Partners, LLC, OS Restaurant Services, Inc., Michelle Shivers or Phillip M. Hipsky as Defendants and that none of the Defendants in this case may raise the Statute of Limitations as an affirmative defense if Plaintiff so chooses to rename the various Defendants. NORMAN W. BRIGGS, QUIR Briggs Law Office, LLC 300 Walnut Street, Suite 2 Philadelphia, PA 19106 Attorney for Defendants, OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers DATED:_ JUST??FANON, ESQUIRE 1847 ter Street Camp Hill, PA 17011-1703 Attorney for Plaintiff, Aarne Joe Stefanon DATED: 6 l/2 / J. ? Nor-mo? 1,? . &CICIS, ? ?ustin ?Ie?a.non , ?. 00pies f dfs Mwrn C i-n- N r drn ?"D N ?p r G 'C 7r r'? "r7 co A r, 2 -, WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 AARNE JOSEPH STEFANON V. LESTER ASSCOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS, LLC and OUTBACK STEAKHOUSE OF FLORIDA, LLC and OS RESTAURANT SERVICE, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY ATTORNEY FOR DEFENDANTS METRO COMMERCIAL REAL ESTATE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 10-7592 TRIAL BY JURY OF 12 DEMANDED STIPULATION AND ORDER FOR PARTIAL DISCONTINUANCE AS TO DEFENDANT METRO COMMERCIAL REAL ESTATE INC It is hereby STIPULATED and AGREED by and among counsel for the undersigned parties that Defendant, Metro Commercial Real Estate, Inc., shall be voluntarily dismissed from 4th cas with prejudice. / Justin Stefanon, Esquire ? Counsel for Plaintiff Aame Stefanon Services, Inc., M. Hipsky V/ Jeffrey B. Rettig, Esquire Counsel for Lester Associates Dated: Z l/ $8.00 pD Oewgler, Ally C* )10 t 3 u 'Tq 61 e* 7&ao,7q (155 Mptrl? ail rl OP, too ? Lanni S. Klein, Esquire Counsel for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Michelle Shivers, and Philip l Wi liam engler, Esquire Counsel for Metro Commercial Real Estate, Inc. BY THE COURT: -?, V = --? / z:M C= M- ? // __ _ vl 0 i- =o D T a WILLIAM E. DENGLER, ESQUIRE e-mail: bill.dengler@zurichna,com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 (610) 709-8705 AARNE JOSEPH STEFANON V. LESTER ASSCOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS, LLC and OUTBACK STEAKHOUSE OF FLORIDA, LLC and OS RESTAURANT SERVICE, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY ATTORNEY FOR DEFENDANTS METRO COMMERCIAL REAL ESTATE. INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 10-7592 TRIAL BY JURY OF 12 DEMANDED It is hereby STIPULATED and AGREED by and among counsel for the undersigned parties that Defendant, Metro Commercial Real Estate, Inc., shall be voluntarily dismissed from this case, with prejudice. Justin Stefanon, Esquire Counsel for Plaintiff Aarne Stefanon 4, a ? AIA a i S. Klein, Esquire Counsel for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky Jeffrey B. Rettig, Esquire Counsel for Lester Associates Dated:_ 11 William E. Dengler, Esquire Counsel for Metro Commercial Real Estate, Inc. BY THE COURT: X1.1, fc)egC?C?..?? ?- J. OT/27/2011 15:18 FAX 7173643233 WILLIAM E. DENGLER, ESQUIRE e-mail; bill.dengler@zurichna.com Attorney I.D. No: 72696 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, PA 18034 AARNE JOSEPH STEFANON V. LESTER ASSCOCIATES and METRO COMMERCIAL REAL ESTATE, INC, and OSI RESTAURANT PARTNERS, LLC and OUTBACK STEAKHOUSE OF FLORIDA, LLC and OS RESTAURANT SERVICE, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY R002/003 ATTORNEY FOR DEFENDANTS METRO COMMERCIAL REAL ESTATE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.; 10-7592 TRIAL BY JURY OF 12 DEMANDED STIPULATION D ORDER FOR PARTIAL DISCONTINUAN EAS TO DEFENDANZ METRO CONMERCL4L REAL ESE. INC. It is hereby STIPULATED and AGREED by and among counsel for the undersigned parties that Defendant, Metro Commercial Real Estate, Inc., shall be voluntarily dismissed from t WStefanon, prejudice. JEsquire Counsel for Plaintiff Aarne Stefanon Services, Inc., Lanai S. Klein, Esquire Counsel for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Michelle Shivers, and Philip W lli . engler, Esquire Counsel for Metro Commercial Real Estate, Inc. BY THE COURT; Dated: ll I t Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com AARNE JOE STEFANON, Attorneys for Defendant Lester Associates IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff V. LESTER ASSOCIATES, OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA, LLC; OS TROPICAL RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M HIPSKY, NO. 10-7592 CIVIL ACTION - LAW",' r r- c CD-r? f? '7 Defendants DEFENDANT LESTER ASSOCIATES MOTION TO COMPEL PLAINTIFF'S ANSWER TO DISCOVERY AND NOW, comes Lester Associates, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files this Motion to Compel Plaintiff to provide full, complete and verified answers to Defendant's Interrogatories and complete responses to Defendant's Request for Production of Documents by respectfully stating the following: 1. Plaintiff commenced the above-captioned action by filing a Complaint on or about January 31, 2011. 2. By correspondence dated March 7, 2011, Plaintiff was served with Defendant's Interrogatories and Request for Production of Documents. A copy of the correspondence is attached hereto as Exhibit A. 3. On or about May 4, 2011, attorney for Defendant Lester Associates, Jeffrey B. Rettig, Esquire sent a letter to Justin Stefanon, Esquire, attorney for Plaintiff, notifying Attorney Stefanon that Plaintiff's answers to Defendant's Interrogatories and responses to Request for Production of Documents were overdue. A copy of this correspondence is attached hereto as Exhibit B. 4. On or about May 13, 2011, attorney for Plaintiff, Justin Stefanon, Esquire, sent email correspondence to Jeffrey B. Rettig, Esquire, attorney for Defendant Lester Associates, notifying Attorney Rettig that Plaintiff's answers to Defendant's Interrogatories and responses to Request for Production of Documents would be forwarded within a week. A copy of this email correspondence is attached as Exhibit C. 5. On or about June 21, 2011, attorney for Defendant Lester Associates, Jeffrey B. Rettig, Esquire sent a letter to Justin Stefanon, Esquire, attorney for Plaintiff, notifying Attorney Stefanon that Plaintiff's answers to Defendant's Interrogatories and responses to Request for Production of Documents were overdue. A copy of this correspondence is attached hereto as Exhibit D. 6. To date, Plaintiff has not provided responses to Defendant's Interrogatories and Request for Production of Documents, and no timely objections have been lodged. 7. Defendant has in good faith attempted to resolve this discovery dispute without court action. 8. Plaintiff's failure to respond to written discovery requests is in violation of the Pennsylvania Rules of Civil Procedure and is delaying the progress of this case. 9. Obtaining complete responses is necessary for the Defendant to be able to defend. 10. Plaintiff's attorney, Attorney Justin Stefanon, Esquire, has been contacted and he does not concur with this motion. 11. Plaintiff is represented by Justin Stefanon, Esquire, 1847 Center Street, Camp Hill, PA 17011, telephone 717-232-0511. 12. Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant , Michelle Shivers and Philip M. Hipsky are represented by Lanni S. Klein, Esquire, Briggs Law Office, LLC, 300 Walnut Street, Suite 2, Philadelphia, PA 19106, telephone 215-925-4632. 13. Defendant Lester Associates is represented by Jeffrey B. Rettig, Esquire, 301 Market Street, Lemoyne, PA 17043, telephone 717-761-4540. WHEREFORE, Defendant Lester Associates respectfully requests that this Honorable Court enter an Order compelling Plaintiff to provide full and complete answers to Defendant's Interrogatories and Requests for Production of Documents. Respectfully submitted, JOHNSON, 7;A?? T & WEIDNER By: Jeffrey . Rettig, Esq Attorney I.D. No. 19616 Andrew P. Dollman Attorney I. D. 209466 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: Attorneys for Defendant Lester Associates ?X?-?i? ? JERRY R. DUFFIE - 1VADE D. MANLE.Y RICHARD 1V. STEIt'AR'F ELIZABETH D. SNOVER EDM[LND G. NlYERS L A W O F F I C E S ANDREW P. DOLLYLAN JOHN IV ATLER jW SARAH J HOFF\tAN JOHN A S"CATI,F.K JON ANDREW J. PETS[;. JR. JEFFERSON J. SHIPMAN C.AROLYN B. MCCLAIN JEFFREY B. BORN DU FRE KEVIN E. OSBORNI' OF COUNSEL MARK C. DCFFIE 1IORACE A. JOHNSON JOHN R. NINOSKl C. ROY WEIDNER. IR. MICHAEL 1. CASSIDY NIFLISSA PEEL GREEVY F LEE SHIPMAN March 7, 2011 Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Re: Stefanon v Lester Associates Cumberland County C.C.P. Docket No. 10-7592 Dear Justin: Enclosed please find Defendant Lester Associates Interrogatories and Request for Production of Documents addressed to your client, Aarne Joseph Stefanon. Kindly respond to this discovery within thirty (30) days as required by the Pennsylvania Rules of Civil Procedure. Thank you for your attention to this matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Jeffrey B. Rettig J BR:jrs:433730 Enclosures cc: Norman W. Briggs, Esquire (w/encl.) Philip M. Hipsky (w/encl.) Metro Commercial Real Estate, Inc. (w/encl.) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDS"'.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. YD JERRY R. Dl FFIE WADE D. MANLEY RICHARD W. STEWART ELIZABETH D. SNOVER EDMUND G. MYERS L A W O F F I C E S ANDREW P. DOLLMAN DELCCE DAVID SARAH E. HOFFMAN JOHN A. S"PATLER A. i(M SON ANDREW J. PETSU, IR. JEFFERSON J. SHIPMAN CAROLYN B. MCCLAIN JEFFREY B. RETTI?? UFFIE KEVIN E. OSBORNE D OF COUNSEL MARK C. DUFFIF HORACE A. JOHNSON JOHN R. NINOSKi C. ROY WEIDNER, JR. MICHAEL I. CASSIDY MELISSA PEEL GREEVY E LEE SHIPMAN May 4, 2011 Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Re: Stefanon v Lester Associates Cumberland County C.C.P. Docket No. 10-7592 Dear Justin: On March 7, 2011, we forwarded Defendant's Interrogatories and Request for Production of Documents for answer by your client in the above case. Kindly provide answers to this discovery by May 16, 2011. Thank you. Very truly yours, JOHNSON,, D,UFFIE STEWART & WEIDNER Je? . Rettig J B R:j rs:440402 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 W\VW.JDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. C From: Justin Stefanon [maiIto:justin__stefanon@yahoo.corn] Sent: Friday, May 13, 2011 2:59 PM To: Jeffrey B. Rettig Subject: Stefanon v. Lester Assoc. Discovery Jeff, It looks as though I will be unable to assemble complete responses to your discovery requests in this matter by Monday, May 16. My cousin and I have both been dealing with the illness and hospitalization of our grandmother this month, and he has been especially involved in assuring that she receives adequate care. Her condition is rapidly improving, but between work and attending to her needs, he has not had time to devote to helping me acquire treatment records and answer interrogatories. I kindly request another week to complete these discovery requests so that I may be able to provide more complete and useful responses than would be possible by Monday. Very truly yours, Justin Stefanon ANTHONY STEFANON ATTORNEYS 1847 Center Street Camp Hill, PA 17011 717-761-6162 Fax 717 761-6164 5/17/2011 E XdIST JERRY' R. DUFFIE RICHARD W. STEWART WADE D. MANLEY EDMUND G. MYERS L A W O F F I C E S ELIZABETH D. SNOVER DAVID W. DEUCE _ ANDRBy P. D0LL1N'IAN JOHN STATLER SARAH E. HOFFMAN SHI JEFFERSON J. SHPMAN JQWON CAROLYN B. NICCLAIN JEFFREY B. R MARTIN L. WADE O KEVIN E. OSBORN RNE DU FRE OF COUNSEL MARK C. DUFFIE HORACE A. JOHNSON JOHN R. NINOSKY C. ROY WEIDNER IR MICHAEL J. CASSIDY , . CONSTANCE P BRUNT MELISSA PEEL GRFEVY . F. LEE SHIPMAN I':AMA11, jl r v? cfzFn June 21, 2011 Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Re: Stefanon v Lester Associates Cumberland County C.C.P. Docket No. 10-7592 Dear Justin: On March 7, 2011, we forwarded Defendant's Interrogatories and Request for Production of Documents for answer by your client in the above case. Kindly provide full and complete answers to this discovery by July 7, 2011. Thank you. Very truly yours, ;HNSO E, STEWART & WEIDNER O . Rettig J BR:jrs:446679 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM 717.761.4540 FAX: 717.761,3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. CERTIFICATE OF SERVICE AND NOW, this day of August 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Motion to Compel upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony Stefanon, Esquire Justin Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Counsel for Plaintiff Norman W. Briggs, Esquire Briggs Law Office, LLC 300 Walnut Street Suite 2 Philadelphia, PA 19106 Counsel for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc. and Michelle Shivers and Philip M. Hipsky JOHNSbN, DUFFIE, STEWART-&WEIDNER i"N' Ij L Janine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire Andrew P. Dollman, Esquire 452780 AARNE JOE STEFANON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LESTER ASSOCIATES, OSI c RESTAURANT PARTNERS, ?:r - LLC; OUTBACK ? :zm z c a STEAKHOUSE OF FLORIDA, -- t LLC; OS TROPICAL <cz-' RESTAURANT SERVICES , INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, _M tw + Defendants NO. 10-7592 CIVIL TERM IN RE: DEFENDANT LESTER ASSOCIATES MOTION TO COMPEL PLAINTIFF'S ANSWER TO DISCOVERY ORDER OF COURT AND NOW, this 8"' day of August, 2011, upon consideration of Defendant Lester Associates Motion To Compel Plaintiffs Answer to Discovery, a Rule is hereby issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Anthony Stefanon, Esq. Justin Stefanon, Esq. 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiff BY THE COURT, Jeffrey B. Rettig, Esq. f Andrew P. Dollman, Esq. 301 Market Street P.O. box 109 Lemoyne, PA 17043-0109 ?. Attorneys for Defendant 0"Pie-5 Lester Associates "11i 1 Da Norman W. Briggs, Esq. Briggs Law Office, LLC 300 Walnut Street Suite 2 Philadelphia, PA 19106 Attorney for Defendants OSI Restaurant Partners, LLC,; Outback Steakhouse of Florida, LLC; OS Restaurant Services, Inc.,; Michelle Shivers; and Philip M. Hipsky rc ANTHONY STEFANON, ESQUIRE I.D. #25497 JUSTIN STEFANON, ESQUIRE I.D. #204580 1847 Center Street Camp Hill, PA 17011-1703 Attorneys for Plaintiffs AARNE JOSEPH STEFANON Plaintiff vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ?? V No. 10-7592 co ?r- r-z 0 D 2p p,C a c G"i N an -v 3 N co m? r r< ?? 03 s° o -n PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE In Re: DEFENDANT LESTER ASSOCIATES MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY AND NOW comes Plaintiff above named, Aarne Joseph Stefanon, and submits the following Answer to Rule to Show Cause In Re: Defendant Lester Associates Motion To Compel Plaintiffs Answers To Discovery. 1. On August 8, 2011, the Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause in the matter of the Motion of Defendant Lester Associates to Compel Answers to Discovery, returnable within twenty (20) days of service. 2. Plaintiff has served full and complete answers to Defendant Lester Associates discovery upon all parties by way of their attorneys by First Class Mail on August 26, 2011, copies of which are attached hereto as 'Exhibit A' and a compact disc enclosing documents. 3. At the time of filing Plaintiffs Answer, no Motion had been filed to make the Rule absolute. 4. In the event that an intervening Motion has been filed, Plaintiff requests that the Court consider Plaintiff's Answer prior to the issuance of any Order making the Rule absolute. WHEREFORE, Plaintiff Aarne Joseph Stefanon respectfully requests the Court DENY the Motion to Compel Plaintiffs Answer to Discovery. RESPECTFULLY SUBMITTED, By Anthony Stefanon #25497 Justin Stefanon #204580 1847 Center Street Camp Hill, PA 17011 (717) 761-6162 DATE: August 26, 2011 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PLAINTIFF'S ANSWER TO RULE TO SHOW CAUSE on the persons listed below, at the addresses set forth, by U.S. First-Class Mail: Jeffrey B. Rettig, Esquire JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Lester Assocates Lanni S. Klein, Esquire BRIGGS LAW OFFICE 300 Walnut Street Suite 2 Philadelphia, PA 19106 Attorney for OS/ Restaurant Partners, LLC; Outback Steakhouse of Florida, LLC; OS Restaurant Services, Inc.; Michelle Shivers; and Philip M. Hipsky By PECTFULLY SUBMITTED, Vthbq Stefanon #25497 Justin Stefanon #204580 1847 Center Street Camp Hill, PA 17011 (717) 761-6162 DATE: August 26, 2011 ANTHONY STEFANON, ESQUIRE I.D. #25497 JUSTIN STEFANON, ESQUIRE I.D. #204580 1847 Center Street Camp Hill, PA 17011-1703 Attorneys for Plaintiffs AARNE JOSEPH STEFANON Plaintiff vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC. and OSI RESTAURANT PARTNERS LLC and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 10-7592 PLAINTIFFS' ANSWER TO INTERROGATORIES OF DEFENDANT LESTER ASSOCIATES AND NOW comes Plaintiffsabove named, by his attorney, Justin Stefanon, and answer the Interrogatories of Defendant Lester Associates as set forth in the following paragraphs. 1. Please state: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years; (e) Your present occupation and the name and address of your employer; (f) Date of your birth; (g) Your Social Security number; (h) Your military service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. ANSWER: 1. ANSWER: a. Aarne Joseph Stefanon b. NIA c. N/A d. 561 Criswell Dr., Boiling Springs, PA 17007 (8/2010-present) 6405 Glenwood St. Apt. 7, Mechanicsburg, PA 17050 (9/2002-8/2010) e. Structural Designer, Dewberry, 101 Noble Blvd. Suite 100, Carlisle, PA 17013 f. 9/16/1979 g. 188-64-8560 h. The Pennsylvania State University, B.S. SDCET 2. List and describe all expenses and losses that you have incurred because of the incident. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: 2. ANSWER: Plaintiff missed work approximately 30 times for oral/dental visits in addition to travel costs. Plaintiff has paid and unpaid medical bills for hospital care, maxillofiacial surgery, dental implants. Plaintiff has lost three (3) teeth as well as suffering from the embarrasment of facial injuries including permanent scarring and disfigurment. 3. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 3. ANSWER: Plaintiff has not yet identified any non-expert witnesses for trial. However, several employees of the Outback Steakhouse observed the incident. 4. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert, state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (You may file as your answer to this interrogatory, the report of the expert or have the interrogatory answered by your expert.) ANSWER: 4. ANSWER: Plaintiff has not yet retained any expert witnesses in this matter. Such witnesses will be identified in accordance with applicable rules of discovery. 5. State in detail the nature of the injuries that you allege have been suffered as a result of this incident and with specificity, state the following information: (a) The nature and extent of such injuries; (b) The location of any injuries sustained; and (c) Whether any restraint from normal activities was suffered due to the injuries allegedly sustained. ANSWER: 5. ANSWER: a. 1. Plaintiffs top two (2) middle incisors were destroyed beyond repair. 2. Plaintiffs first top left incisor root was capped with a false crown. This tooth still causes considerable pain and will need a root canal, a crown, and ultimately replaced as plaintiffs pain progressively worsens. 3. Plaintiffs first top right incisor was chipped. 4. Plaintiff suffered facial abrasions, scarring, and loss of facial hair. b. Plaintiffs injuries were to his teeth, face, and jaw. c. Plaintiff has had many difficulties eating, some trouble with dressing, and difficulties in catheterization. 6. State the medical treatment or procedures th connection with the injuries allegedly sustained the name and address of any and all physicia and all procedures and the dates in which performed. at have been performed in any in this incident. Please also state ns or doctors who performed any any and all procedures were ANSWER; 6. ANSWER: Dr. Robert Myers, Wood & Myers Oral and Maxillofacial Surgery, 207 South 32"d St, Camp Hill PA 17011-5103 performed the removal of broken teeth on 12/12/2008 and the setting of implant inserts on 3/17/2009. Please see attached billing records. Dr. Michael C. Verber, Verber Family Dentistry, 3920 Market Street, Camp Hill, PA 17011 installed implant inserts and crown on 12/12/2008 and in September 2010 and performed temporary repairs on teeth throughout 2009. Please see attached billing records. Plaintiff also was seen at Pinnacle Health Emergency Department on the day of the incident. Please see attached records from Pinnacle Health Emergency. 7. If, either prior to or subsequent to the incident, you suffered any injury or disease in those portions of the body claimed by you to have been affected by the incident, state: (a) The injury or disease you suffered; (b) The date and place of any accident, if such injury or disease was caused by an accident; (c) The identity of hospitals, doctors, or practitioners who rendered treatment or examination because of such injury or diseases; and (d) The identity of anyone against whom a claim was made, and the tribunal and docket number of any claim or lawsuit that Was filed in connection with such injury or disease. (e) If applicable, the identity of the workers' compensation carrier providing benefits resulting form any identified incident. ANSWER: 7. ANSWER: None. 8. If the answer to Interrogatory 7 is in the affirmative, state your position with regard to the following: (a) Whether you sustained any injuries in this incident separate and apart from those identified in interrogatory 7. (b) If so, whether this incident aggravated or exacerbated the injuries described in Interrogatory 7. (c) If so, the extent of aggravation or exacerbation and whether this has ceased. ANSWER: Do you currently receive treatment or medication for the injuries identified in Interrogatory 7. If so, please identify the type of treatment and/or medication. ANSWER: 9. ANSWER: N/A 10. For the period of three (3) years immediately preceding the date of the incident, state: (a) The name and address of each of your employers, or if you were self- employed during any portion of that period, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; and (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self- employment for each year. ANSWER: 10. ANSWER: Student, Penn State Harrisburg, 8/2004-5/2008 Huntington Learning Center, 25 Gateway Drive #108, Mechanicsburg, PA 17050 SAT Prep Tutor, 8/2008-12/2008, earning approximately $10/hr. 11. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The names and addresses of your employers or, if you were self- employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary or ate of earnings received by your in each employment or self-employment, and the amount of income from employment and self- employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any earnings or other benefits lost by you because of such absence(s). ANSWER: 11. ANSWER: a. Please refer to the answer to Interrogatory 1. b. 12/16/2008-present c. Structural Designer d. $27.00 per hour on a 40-hour workweek earning approximately $56,000.00 per year. e. Please see attached dental billing records for dates of dental visits during 2008 and 2009. Plaintiff still has periodic dental visits, missing one-half to one full day per visit. 12, If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity; (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perform; and (c) The identity of all persons having knowledge thereof. ANSWER: 12. ANSWER: a. As the incident in question occurred immediately before commencing work with Dewberry, Plaintiff met most of his colleagues with embarrassing facial injuries and a slight speech impediment in the form of a lisp. Due to the loss of self-esteem and embarrassment from these injuries, Plaintiff refrained from socializing either with work colleagues or outside of work. b. Plaintiff will suffer from the embarrassment as long as he continues his career at Dewberry and as long as he has his current dental implants as they are not as functional as natural teeth. c. All of Plaintiff's colleagues and family members are aware of the social discomfort that has been caused by Plaintiff's facial injuries. 13. Please state the name, address, and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiff last consulted any physician for any type of physical complaint and the reason for such consultation. ANSWER: 13. ANSWER: Conner, Rich Associates 207 House Avenue, Suite 101. Camp Hill, PA 17011, (717) 761-8331. Plaintiff was treated by his Dr. Verber on Wednesday August 24, 2011. Plaintiff also was treated by his chiropracter, Dr. Becker at 501 Market Street Lemoyne, PA, 17043 for injuries related to a fall from his wheelchair in November of 2010. 14. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify the type of treatment and/or medication. ANSWER: 14. ANSWER: Plaintiff is still periodically treating with Dr. Verber to make repairs to implants as well as receiving pain medications. 15. ANSWER: In November of 2010 Plaintiff fell and hit his head. 15. Please state for a five (5) year period prior to or at any time subsequent to the date of this incident, whether you sustained any injury, illness, or disability other than what you have described in answer to any of the preceding Interrogatories. ANSWER: 16. ANSWER: Please refer to the answer to Interrogatory 11; Plaintiff's lost wages are related to dental visits. 16. If you are making a claim for lost wages as a result of the injuries you allegedly received in this incident, please indicate the amount of wages lost and specify the source(s) of any and all lost wages. ANSWER: 17. ANSWER: Plaintiff received Social Security benefits for his spinal cord injury from October 2002 until November 2009. Plaintiffs spinal cord injury occurred while swimming in the Atlantic Ocean. Plaintiff has suffered a permanent disability since October 2002 which has caused the complete loss of use of his legs, the partial loss of use of his arms and hands, and other complications related to such a catastrophic injury. 17. Are you now receiving, or have you ever received, any disability pension, income, or insurance of workmen's compensation from any agency, company, person, corporation, state, or government? If so, please state: (a) The nature of any such payment; (b) The date you received such income; (c) For what injuries or disability you received it, and how such injury occurred or disability arose: (d) By whom paid; (e) Whether you now have any present disability as a result of such injuries or disability; (f) If so, the nature and extent of such disability; (g) Whether you had any disability at the time of the incident referred to in the Complaint: and (h) If so, the nature and extent of such disability. ANSWER: 18. ANSWER: Please see the answer to Interrogatory 11 and the attached medical and dental billing records. 18. Please give an account, itemized as fully and as carefully as possible, of all losses and expenses which you claim were incurred by you as a result of this incident, and please include in your answer, those losses or expenses which are attributable to hospitals, doctors, medicines, and/or loss of earning capacity. ANSWER: 19, Have you ever been involved in any other legal action for personal injury, or property damage, either as a Plaintiff or as a Defendant? If so, please state: (a) The date and place ach such action was filed, identifying the name of the court, docket number, and attorneys representing each party; (b) A brief description of each such incident or lawsuit; and (c) The result of each such action, whether or not here was an appeal, and the nature of any such appeal. ANSWER: 19. ANSWER: None. 20. Please identify each document which you intend to introduce at the time of trial of this matter, and give a brief description of the contents of the document or things, and attach copies to your Answers to these Interrogatories. ANSWER 20. ANSWER: Please see attached documents, including, but not limited to photographs of the scene of the incident, photographs of Plaintiff's injuries, Emergency Department records, dental billing records, and Explanation of Benefits forms. 21. Please identify each "program, group contract or other arrangement" as those terms are defined by 75Ps. C.S.A. §1719(b), which has paid, or is obligated to pay, any benefits to the Plaintiff for injuries and/or damages allegedly sustained in the accident which forms the basis of this litigation. For each such "program, group contract or other arrangement," please provide the following information: (a) Identify the "program, group contract or other arrangement", (b) identify the amount of benefits paid or payable to Plaintiffs as a result of their injuries and/or damages sustained as a result of the accident; and (c) For each benefit which has been paid, identify the health car provider which rendered the service, the date(s) of service, the service(s) rendered, the amount of the bill, and the amount of the payment. ANSWER: 21. ANSWER: Please see attached Explanation of Benefits forms from Delta Dental and Medicare. 22. State whether you have settled any claims arising out of this accident. If so, describe the terms of such settlement and identify the party or parties you settled with. ANSWER: 22. ANSWER: No. 23. Set forth the specific acts of negligence that you contend were committed by the Defendant. ANSWER: 23. ANSWER: Please see the Complaint, especially paragraphs 23-30. 24. State whether Plaintiff spoke to anyone following said incident, and if so, identify the individuals to whom plaintiff spoke, and set forth what was said by Plaintiff and identified persons. ANSWER: 24. ANSWER: Plaintiff spoke to the restaurant manager, the learning center director and franchisee, the Outback Steakhouse employees present, and the Emergency Medical Technician. Plaintiff also spoke to his mother both over the telephone and at the scene. Plaintiff was concerned with how to address his injuries and only recalls discussing that. 25. ANSWER: Plaintiffs version of events is amply set forth in the Complaint. By way of further narrative, Plaintiff was forced to mount the curb on the far side of the Outback Steakhouse vestibule in order to get to work. While traversing the sidewalk adjacent the vestibule, Plaintiff encountered the Outback Steakhouse employees on their smoke break. Plaintiff had no safe path to work and his guide dog attempted to pass by the employees in a narrow space, causing plaintiff to bounce off of a pillar and land on his back, in his wheelchair, on the fire lane. The employees helped plaintiff back into his chair. Plaintiff had to again mount the curb and traverse the same section of sidewalk. The Outback employees again failed to give way, Plaintiffs guide dog then attempted to pass by the opposite side of the aforementioned pillar, causing Plaintiff to roll off of the sidewalk face first onto the fire lane causing the injuries cited above. 25. State in detail the manner in which you assert that the incident occurred. (Do not simply refer to the Complaint) ANSWER: 26. Do you contend the curb ramp involved in this incident is in any way in violation of the Disabilities Act? If so, state the specific violation. ANSWER: 26. ANSWER: The curb ramp which plaintiff mounted was in violation of the ADA in several regards, including but not limited to: the transition height was too great, the tactile markings were not present, and the slope of the rise was too great. However, the other so-called curb ramps providing access to the sidewalk leading to the Huntington Learning Center were much worse in these and other respects, including but not limited to: the flat portions of the ramps were not wide enough, the transition heights were too great, the slopes of the rises were too great, the slopes of the lateral portions were too great, and the tactile markings were not present. Plaintiff was physically unable to mount the curb at any of the so-called curb ramps except the one on the far side of the Outback Steakhouse vestibule. 27. Do you have any knowledge or information that Defendant was in any way involved with the design or construction of the walkway? If so, state the facts which support how you came to this conclusion and identify the witnesses who will so testify. ANSWER: 27. ANSWER: Plaintiff has no specific knowledge that the Lester Associates defendant was involved in the design or construction of the pathway which Plaintiff used on the day in question. However, the uniform inadequacies of the so-called curb ramps other than the one which plaintiff was able to use have since been remedied by the construction of a new ramp using pavement on the parking area to alleviate the problems of transition height. Said parking area is part of the common area of the shopping center. 28. State the length of time Plaintiff has been employed at the Huntington Learning Center at 25 Gateway Drive. ANSWER: 28. ANSWER: Four months. Please see answer to Interrogatory 10. 29. State whether Plaintiff was familiar with the area prior to the incident. If so, state the number of times Plaintiff traveled by way of the curb ramp and vestibule area which is the subject of this Complaint. ANSWER: 29. ANSWER: Plaintiff used this same path practically every time he came to work at the Huntington Learning Center during the course of his employment. 30. State whether Plaintiff ever encountered any problems traveling to or from his place of employment before the date of the incident. If so, provide specific details describing the problem. ANSWER: 30. ANSWER: Plaintiff had on prior occasions gotten stuck in the drainage grate that is directly adjacent to the painted pedestrian walkway on the macadam. Plaintiff never had any prior difficulty traversing past the Outback Steakhouse vestibule as the path was normally clear. Normally, plaintiffs guide dog was able to pass to the left of the second pillar, thereby pulling plaintiff left and countering the downward slope of the sidewalk which tended to pull plaintiff to his right, and toward the curb. On prior occasions the employees taking smoke breaks would sit on a bench available on the south side of the vestibule, past the second pillar. On this day they stood next to the pillar, blocking the path. 31. State whether Plaintiff ever lodged any complaints to anyone regarding the condition of the curb ramp between the entry vestibule to the Outback Steakhouse Restaurant and the north end of the sidewalk; and if so, state when and identify to whom the complaint was made. ANSWER: 31. ANSWER: Plaintiff repeatedly complained about the access to the Huntington Learning Center's Director Kathleen Black. 32. State each fact known to you or anyone acting on your behalf which you intend to prove to establish that Defendant was negligent and therefore, liable for the injuries sustained by Plaintiff. ANSWER: 32. ANSWER: Please refer to the Complaint, especially Paragraphs 23-30. 33. With respect to the pathway obstruction as described in Paragraph 16 of the Complaint, state whether Plaintiff asked the employees to move in order for Plaintiff to pass safely? ANSWER: 33. ANSWER: Due to the layout of the vestibule and the sidewalk and the fact that plaintiff's guide dog was several feet ahead of him on a lead, Plaintiff did not have an opportunity to see the position of the employees prior to the first time when he fell, and did not anticipate that they would remain where they were between the first fall and the second fall. Plaintiff told the employees to 'watch out' the second time he attempted to traverse the sidewalk. 34. State whether Plaintiff's vision of the area between the employees and the second pillar was obstructed. If so, describe the obstruction. ANSWER: 34. ANSWER: Please see the attached photographs. The location of the employees was obscured by the vestibule on all points of Plaintiff's path from the time he mounted the curb ramp until after he had passed the first pillar and moved into position between the vestibule and the curb. 35. State whether Plaintiffs vision of the area right of the pillar was obstructed. If so, describe the obstruction. ANSWER: 35. ANSWER: Please see attached photographs. Plaintiff could see to side of the pillar to his right, i.e. to the west of the pillar. The only obstruction present was the curb which he could not descend safely in his wheelchair. If the question refers to the south side of the pillar, i.e. the right side when viewed from the parking area, this plaintiff could not see. 36. Describe the actions taken by Plaintiff to avoid his falls. ANSWER 36. ANSWER: Plaintiff told the employees to 'watch out' during his second attempt. Unfortunately, due to his disability and the unavailability of any alternate path for him to get to the Huntington Learning Center, plaintiff could not think of any other action to take. 37. If you know of the existence of any photographs, motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state: (a) The nature or type of such item; (b) The date when such item was made; (c) The identity of the person that prepared or made each item; and (d) The subject that each item represents or portrays. ANSWER: Johnson, Duffie, Stewart & Weidner By (t- Je y B. Rettig, Es ire I.D. No.: 19616 301 Market Street PO Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendant Lester Associates 37. ANSWER: Please see attached photographs and video. These include color digital photos and video taken 12/15/2008 by plaintiffs attorney showing plaintiff at the scene of the incident in question and black and white copies of photographs taken by Dr. Verber prior to referring plaintiff for dental surgery on 12/12/2008. VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing PLAINTIFF'S ANSWER TO INTERROGATORIES OF DEFENDANT LESTER ASSOCIATES are true and correct to the best of his knowledge, information, and belief. This Verification is made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below written, he served a true copy of the foregoing PLAINTIFFS ANSWER TO INTERROGATORIES OF DEFENDANT LESTER ASSOCIATES upon the person listed below, at the address set forth, by First Class United States Mail: Jeffrey B. Rettig, Esquire JOHNSON DUFFIE 301 Market Street PO Box 109 Lemoyne, PA 17043 Attorney for Defendant Lester Associates Lanni S. Klein, Esquire BRIGGS LAW OFFICE 300 Walnut Street Suite 2 Philadelphia, PA 19106 Attorney for OS/ Restaurant Partners, LLC; Outback Steakhouse of Florida, LLC; OS Restaurant Services, Inc.; Michelle Shivers; and Philip M. Hipsky RESPECTFULLY SUBMITTED, By: DATE: TIN STEFANON, I.D. #204580 1847 Center Street Camp Hill, PA 17011 (717) 761-6162 ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STEFANON Vs. -, ? NO. 10-7592 r-n a ? -n LESTER ASSOCIATES ET AL CERTIFICATE Cn ` r-z -ate c MW PREREQUISITE TO SERVICE OF A SUBPOENA z -' o ? -a PURSUANT TO RULE 4009.22 '21 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 09/23/11 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717-761-4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3336 By: Ruby Schwartzberg MLR File #: M391441 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STEFANON Vs. LESTER ASSWIATES ET AL I No. 10-7592 TO: JUSTIN STEFANON, ESQ (PLAINTIFF) NORMAN BRIGGS NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty.(20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/01/11 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg Enc(s): Copy of subpoena(s) Counsel return card File #: M391441 CONMJNWEALT'H OF PENNSYLVANIA axiNt'Y OF amERLAND STEFANON Vs. File No. 10-7592 LESTER ASSOCIATES ET AL , SUBPOENA TO PRODUCE DOCl?1ENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 PINNACLE HEALTH HOSP, 111 S FRONT ST, HARRISBURG PA 17101 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents orS-th -in EE'9X.t at _ MEDICAL LEGAL REPRODUCTIONS INC, 49 PA (Address) You may deliver or mail legible copies of the docurents or produce things requested h? this subpoena, together wit!) the certificate of camliance, to the party making thi: 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 docunents or things required by this subpoena within twenty "'20') mays alf per its Seiv ;ce, Lhe parity sere prig c g's :subpoena may seek a court: orce• cm. pe 1 ling you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ AiDDRESS : 301 MARKET ST LgMC2YNL, PA 1 7 0 4 3 TELEPHONE: 215-335-32±2 SUPREhE COURT ID # ATTORNEY FOR: M391441-01 1966 DEFENDANT DATE : 9 Seal of he Court BY THE COURT : ?Q.vid U?uel? . Prothonotary/Clerk, Civil Divisions Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA STEFANON Vs. LESTER ASSOCIATtS ET AL No. 10-7592 CUSTODIAN OF RECORDS FOR: PINNACLE HEALTH HOSP ANY AND ALL MEDICAL RECORDS FROM THE EMERGENCY ROOM VISIT OF 12/11/08 TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, NOTES, CHARTS NOTES, COMPUTER DOCUMENTS, TESTING, ALL ER DOCUMENTS AND RECORDS FOR 12/11/08 PERTAINING TO: NAME: AARNE STEFANON ADDRESS: 561 CRISWELL DR BOILING SPRINGS PA DATE OF BIRTH: 09/16/79 SSAN: XXXXX8560 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I 'hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ J NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( } RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date CUMBERLAND M391441-01 Authorized signature for PINNACLE HEALTH HOSP * * * SIGN AND RETURN THIS PAGE * * * ComK1 0kLTH OF PENNSYLVANIA OOUNrY OF CLDGEEMAW STEFANON Vs. File No. LESTER ASSOCIATES ET AL 10-7592 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 WEST SHORE EMS, 205 GR.ANDVIEW AVE #211, CAMP HILL PA 17011 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doctanents orS-tEj, at _ MEDICAL LEGAL REPRODUCTIONS, NU, 49., (Address) You may deliver or mail legible copies of the docLmnts or produce things requested t? this subpoena, together with the certificate of canpliance, to the party making thiZ request at the address listed above. You have the right to seek in advance the rea.onabir 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 stro ena ma seek a court orae. •,?.. r ?.ay's at ter its aerv ACC, Lhe parry sere Ong cr?T po y cxxrpe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS: 301 MARKET ST LEMOYNE, PA 17043 TELFPHONE : - - , SUPREPE OOURT I D # 1966 ATTORNEY FOR : DEFENDANT M391441-02 DATE: R&JI/ SSeal' olf the Court BY THE COURT: xid 17.-Roe.1l - Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA STEFANON Vs. ' No. 10--7592 LESTER ASSOCIA'T`ES ET AL CUSTODIAN OF RECORDS FOR: WEST SHORE EMS COMPLETE MEDICAL RECORD TO INCLUDE BUT NOT LIMITED TO EMS REPORT, TRANSPORTATION DOCUMENTS, CHART DOCUMENTS, COMPUTER DOCUMENTS AND ANY OTHER DOCUMENTS WHATSOEVER REGARDING TREATMENT AND SERVICE FOR 12/11/08 PERTAINING TO: NAME: AARNE STEFANON ADDRESS: 561 CRISWELL DR BOILING SPRINGS PA DATE OF BIRTH: 09/16/79 SSAN: XXXXX8560 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as 'custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed to Authorized signature for WEST SHORE EMS CUMBERLAND M391441-02 * * * SIGN AND RETURN THIS PAGE * * * Cb IT r fLEu-01:"FIC? ;1- 1 'E PROTHONOTARY PRAECII'E FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) 2012 JUL - 9 AM 9: 18 CUMIIERLAND Cfl NTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLYANI - Please list the following case: X? for JURY trial at the next term of civil court. ? for trial without a jury. --------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) X? Civil Action - Law Aarne Joe Stefanon ? Appeal from arbitration (other) (Plaintiff) 8.21.12 vs. The trial list will be called on and Lester Assoc., OSI Restaurant Partners, Trials commence on 9.17.12 LLC; et al. (Defendant) Pretrials will be held on 9'5 12 VS. (Briefs are due S days before pretrials No. 10-7592 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Norman Briggs, Esq., counsel for Outback Steakhouse Indicate trial counsel for other parties if known: Anthony Stefanon, Esq., counsel for Plaintiff. Jeffrey Rettig, Esq., counsel for Lester Assoc. This case is ready for trial. Signed: Date: 6.27.12 Print Name:1-indsay Switzer, Esquire Attorney for: Outback Steakhouse t? MUMBLANOMO16W By: N AN W.' BIWGS, ESQUIRE Attorney I.D. No.: 60940 LIItDSAY SWIT R, ESQUIRE Attorney I.D. No.: 306393 300 Walnut Street Suite 2 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, vs.. Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s) : CAIM NO. 3LO-7"3 Civil Tom LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC.; OSI RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF FLORIDA LLC; OS RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. HIPSKY, Defendant(s) C"7 -n rn r ? 'n C v ?"c'a? ? "'n S ? n --E w CO , AND NOW this day of , 2012, upon motion by Lindsay S. Switzer, Esquire, attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., Michelle Shivers, and Philip M. Hipsky, It is hereby ordered that said motion is GRANTED and the trial is adjourned to the next call of the civil trial list on OCTOBER 30, 2012. "'Zre7ja4rre?r 13. v OrMs Lao al4ct ' r'r;OTH0NoTA{,%,r, 2311 OCT IS P,4 I : 23 `?'-""IP4 RLAnJCOUNTY PE'NtjSYLVANIA Anthony Stefanon, Esquire 1.13.#25497 Justin Stefanon, Esquire I.D.#204580 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiff AARNE JOSEPH STEFANON, Plaintiff vs LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC., and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC. and MICHELLE SHIVERS and PHILIP M. HIPSKY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7592 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S UNOPPOSED MOTION TO REMOVE CASE FROM TRIAL LIST And Now comes Plaintiff, by his attorney, Anthony Stefanon, and avers the following facts. 1. Plaintiff has received notification from the Prothonotary that the above-captioned case has been placed on the trial list for the November 2012 trial term. 2. This case is not ready for trial in that the parties are conducting discovery efforts which will not be completed in time for the case to be heard at the November trial term. 3. In addition to the outstanding discovery, Plaintiff Aame J. Stefanon is scheduled to be outside of the jurisdiction of the Commonwealth of Pennsylvania for an extended period of time on a long planned vacation at the time that the November trial term will take place. 4. Plaintiffs counsel has requested the concurrence of counsel for all other parties in this action to this Motion and that concurrence has been given. 5. Defendant Lester Associates is represented by Attorney Jeffrey B. Rettig, Esquire, 301 Market Street, Lemoyne, Pennsylvania, 17043, Telephone (717) 761-4540. 6. Defendant OIS Restaurant Partners LLC, Outback Steakhouse of Florida, Michelle Shivers and Philip M. Hipsky are represented by Lindsay S. Switzer, Esquire, 110 Roosevelt Boulevard, 2nd Floor, Marmora, NJ 08223. 7. Previous rulings in this case have been issued by the Honorable J. Wesley Oler, Jr., and most recently by the Honorable Albert H. Masland. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the trial list for the November term 2012, to be relisted by the parties when discovery efforts are complete. Date: Lo (?-(? 1847 Ce er reet Camp 17011-1703 (717) 761-6162 I.D. #25497 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of PLAINTIFF'S UNOPPOSED MOTION TO REMOVE CASE FROM TRIAL LIST, on the person listed below, at the address set forth, by First Class United States Mail: Lindsay S. Switzer, Esquire Briggs Law Office 110 Roosevelt Boulevard, 2nd Floor Marmora, NJ 08223 Jeffrey B. Rettig, Esquire Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RESPECTF-W LY SUBMITTED, P ATHQ EF'ANC"4, ESQU I.D.#254 ,07 1847 C&ftf Street Camp Hill, PA 17011-1703 (717) 761-6162 'l ?'?? Date: ~~ r f~,~ %,~.~ Anthony Stefanon, Esquire I.D.#25497 Justin Stefanon, Esquire I.D.#204580 1847 Center Street Camp Hill, PA 17011-1703 Attorney for Plaintiff AARNE JOSEPH STEFANON, Plaintiff vs LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, INC., and OUTBACK STEAKHOUSE OF FLORIDA LLC and OS RESTAURANT SERVICES, INC and MICHELLE SHIVERS and PHILIP M. HIPSKY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7592 CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER And Now this . ~~day of /~~ ~' , 1/ , 2012, upon consideration of Plaintiff's Unopposed Motion to Remove the case from Trial List it is hereby ORDERED that the above-captioned matter is stricken from the trial list for the November term 2012, to be relisted by the parties when discovery is complete. By the Court i` - ~,,. - ~' / ~ ~° C ,Judge Distribution: / Anthony Stefanon, Esquire 1847 Center Street - - Camp Hill, PA 17011 -`~ _~ d Lindsay S Switzer, Esquire - `._ Briggs Law Office _ -r 110 Roosevelt Boulevard, 2nd Floor `~ Mamora, NJ 98223 - ~~, /Jeffrey B. Rettig, Esquire - . Johnson Duffie 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 LQP iG'S /1'~,C ~ `l~q ~D~9~o1 / C~- Johnson, Duffle, Stewart& Weidner By: Jeffrey B. Rettig I.D. No. 19616 Attorneys for Defendant Lester 301 Market Street Associates P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr @jdsw.com AARNE JOE STEFANON, IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 10-7592 V. CIVIL ACTION — LAW C, LESTER ASSOCIATES, OSI : RESTAURANT PARTNERS, LLC; OUTBACK STEAKHOUSE OF .;e. r ," FLORIDA, LLC; OS TROPICAL RESTAURANT SERVICES, INC.; MICHELLE SHIVERS; and PHILIP M. `= HIPSKY, Defendants - Y QF,W R ASSOGM TES EQ QWWMMML T P T NT VEC WC an MICHELLE WY ' S iFt3R N AND NOW, comes Lester Associates, by their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and responds to Co-Defendants' Requests for Admissions as follows: 1. Denied. According to the report of Plaintiffs engineering expert, the sidewalk may not have been constructed in accordance with applicable Federal, State and Local Building Codes. A copy of that report is attached hereto in response to Interrogatory#1. 2. Denied. The answers to paragraph 1 above is incorporated herein by reference thereto. 1 Answering Defendant is unable to admit or deny this statement as, after reasonable investigation, it does not know if Hampden Township "approved all construction work for the sidewalk." Answering Defendant understands that certain drawings were submitted to the Township by Co-Defendants. There appears to be evidence that portions of the sidewalk were not constructed in strict accordance with the drawings. See report of Plaintiff's engineering expert attached hereto. 4. Denied as stated. Answering Defendant never determined that the sidewalk was in compliance with the ADA when it was completed in 2000. Answering Defendant believed that the Co-Defendants and their contractors would properly design and construct the sidewalk and other structures that they built on the property. 5. Denied as stated. Answering Defendant never determined that the sidewalk was in compliance with all applicable Building Codes. Answering Defendant believed that the Co-Defendants and their contractors would design and construct the building addition and sidewalk in accordance with all applicable Building Codes. 6. Admitted, assuming that the sidewalk is non-compliant with the ADA. Respectfully submitted, H ON, FFI , TEWART&WEIDNER B : effrey B. Rett' I. D. No. 196 301 Market Street P O Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr @jdsw.com Counsel for Defendant Lester Associates :544857 +. DAWOOD ENGINEERS PLANNERS ` SURVEYORS 2020 Good Hope Road,Enola PA 17025 P) 717.732.8576 • Fi 717.732.8596 September 27, 2012 ANTHONY STEFANON ATTORNEYS 1847 Center Street Camp Hill, PA 17011 Attention: Anthony Stefanon, Esq. RE: Stefanon v. Outback et al. Expert Witness Report ADA Compliance of Outback Steakhouse Pedestrian Access Route Dear Mr. Stefanon: Per your request, I submit the following report which summarizes the Americans with Disabilities Act (ADA) compliance of the pedestrian access route along the frontage of the Outback Steakhouse restaurant located in the Gateway Plaza in Hampden Township, Cumberland County, Pennsylvania. A field view of the site occurred on August 29, 2012. The following people were in attendance: NAME COMPANY Chad J. Decker, PE, PTOE Dawood Engineering, Inc. Anthony Stefanon, Esq. Anthony Stefanon Attorneys Lindsay Switzer, Esq. Briggs Law Office representing Outback Steakhouse Julia Phillips, Esq. Johnson Duffie representing Lester Associates The purpose of the field view was to obtain measurements on the widths and slopes of the constructed sidewalk in the vicinity of the location where the plaintiff, Aarne Stefanon, overturned his wheelchair. Based on my measurements and observations, I offer the following information for your consideration. APPLICABLE REGULATIONS The Architectural Plan and Site Plan for the Outback Steakhouse, as prepared by Architect Jon W. Sammer, AIA, and Engineer John K. Murphy, P.E., were approved by Hampden Township on June 21, 2000. The applicable regulations governing sidewalk and pedestrian route construction at the time of the approval of the plan were the Americans with Disabilities Act (ADA) Standards for Accessible Design as found in 28 Code of Federal Regulations (CFR) Part 36, dated July 1, 1994. According to these regulations, the maximum cross slope for sidewalks (perpendicular to the direction of travel) is 2.00% (1:50 slope). The maximum allowable slope in any area where the sidewalk user is expected to change direction is 2.00% (1:50 slope). This area is commonly referred to as a turning area. Corporate Office:Enola,PA Canonsburg • Grantville • King of Prussia . Sayre www.dawood.cc Stefanon v. Outback et al. Expert Witness Report September 27, 2012 Page 2 Businesses are also required to provide an accessible route which is a continuous unobstructed path connecting all accessible elements and spaces of a building or facility. Exterior accessible routes may include parking area access aisles, curb ramps, crosswalks at vehicular ways, and sidewalks. Nowhere shall the cross slope of an accessible route exceed 2.00% (1:50 slope). The minimum clear width of an accessible route shall be 36 inches. If a person in a wheelchair must turn around an obstruction, the minimum clear width of the accessible route shall be 60 inches to allow the wheelchair user to turn. SUMMARY OF AS-DESIGNED CONDITIONS According to Sheet A5 of the approved architectural plan for the Outback Steakhouse, the maximum cross-slope of the proposed sidewalk in front of the restaurant was 2.00% (1:50 slope). Sheet C-2 of the approved site plan as prepared by John Murphy of Alpha Consulting Engineers shows the location of the marked crosswalk which leads pedestrians and wheelchair users from the Gateway Plaza parking lot to the sidewalk in front of the Outback Steakhouse. The access route created by this crosswalk placement requires pedestrians and wheelchair users to weave between the columns and vestibule constructed for Outback Steakhouse. This also created several areas where wheelchair users are forced to complete turning maneuvers to navigate through the frontage of Outback Steakhouse. SUMMARY OF AS-BUILT CONDITIONS A standard tape measure was utilized to measure the widths of the accessible route. The distance from building face to the curb was in excess of 10'-0". However, pedestrians and wheelchair users are required to turn to avoid a column on each side of vestibule entrance to the restaurant as shown in the photo below. The photo below also depicts the location of Mr. Stefanon's accident. The minimum distances from the corner of the vestibule to the columns were 7'-8" and 6-11 These values exceed the minimum distances require and are ADA compliant. It should be noted that a bench is currently located between the vestibule and the curb which reduces the width of the accessible route to less than the required 36". It is my understanding that the bench was not present at the time of the accident, -f� DAWOOD , ENGINEERS - PLANNERS - SURVEYORS Stefanon v. Outback et al. Expert Witness Report September 27, 2012 Page 3 sue, A two (2) foot long digital level was utilized to obtain the relative slope of certain critical features including longitudinal ramp slopes, ramp cross-slopes, turning area slopes and sidewalk (accessible route) cross-slopes. The slope measurements obtained during the field view are summarized in Table 1 below. Please also refer to Figure 1 for a depiction of the location of each measured slope. TABLE 1 Summary of Measured Slopes MAXIMUM ACTUAL ADA FEATURE DESCRIPTION ,ALLOWABLE CONSTRUCTED COMPLIANCE SLOPE SLOPE _ Slope 1 Ramp Slope 8.33% 8.0% YES Slope 2 Turning Area -2.00% 7.5% NO Slope 3 Cross Slope 2.00% 2.6% NO Slope 4 Cross Slope 2.00% 6.9% NO Slope 5 Cross Slope 2.00% 7.8% NO Slope 6 Cross Slope 2.00% 4.9% NO Slope 7 Turning Area 2.00% 3.5% NO Slope 8 Cross Slope 2.00% 4.9% NO J D AWO O D �/ ENGINEERS - PLANNERS - SURVEYORS Stefanon v. Outback et al. Expert Witness Report September 27, 2012 Page 4 CONCLUSION Seven of the eight critical slopes that comprise the pedestrian access route along the frontage of the Outback Steakhouse restaurant exceed the maximum allowable values as defined by the ADA Guidelines. Slopes 6, 7 and 8 represent the area where Mr. Stefanon overturned. The Outback Steakhouse restaurant did not provide an accessible route for the disabled and the excessive cross slopes and turning area slopes were contributing factors to Mr. Stefanon's accident. Prepared By: Off- ,"7- as fa Chad J. Decker, P.E., PTOE Date Manager of Traffic Services Dawood Engineering, Inc. - DAWOOD ENGINEER S PLANNERS � SURVEYORS ri Q a � o u m 9 3d07S V ° 5 3 �Q 9 3d07 3 Div ��'6 S J v O�x 7ZYd z3c:aS t1� phi=< a�a O o f 3d07$ V z =Z<,y< a C -=s z 0 F 0 3d0 7S [ 3d07S � o ` z Alf O W 3z QW VERIFICATION 11 Patricia Smith, , hereby acknowledge that Lester Associates is a Defendant in this action and that I am authorized to sign this Verification on its behalf; that I have read the foregoing Reply to Requests for Admissions; and that the facts stated therein are true and correct to the best of my knowledge, Information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904,relating to unsworn falsification to authorities, LEST SOCIATE8 Patric a Smith DATE: CERTIFICATE OF SERVICE AND NOW, this 1 day of March, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Reply of Lester Associates to Co-leendont 0SI's Request for Admissions upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Anthony Stefanon, Esquire 1847 Center Street Camp Hill, PA 17011-1703 Counsel for Plaintiff Norman W. Briggs, Esquire Lindsay Switzer, Esquire Briggs Law Office, LLC 400 Market Street Suite 730 Philadelphia, PA 19106 Counsel for Defendants OS/Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services,Inc. and Michelle Shivers and Philip M. Hipsky JO ON, DUFFI STEWART&WEIDNER I effrey B. Retti IN- THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AARNE STEFANON Vs. LESTER ASSOCIATES ET AL NO. 10 -7592 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 CO T7 5t" As a prerequisite to service of a subpoena(s) for documents and thin s pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 03/31/14 MLR File #: M419619 JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 717 - 761 -4540 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335 -3336 By: Ruby Schwartzberg IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AARNE STEFANON Vs. LESTER ASSOCIATES ET AL TO: JUSTIN STEFANON, ESQ (PLAINTIFF) NORMAN BRIGGS No. 10-7592 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a the one(s) attached to this nc-'-e. from the date listed below in which the undersigned an objection to the made the subpoena may be served. Date: 03/10/14 Enc(s): Copy of subpoena(s) Counsel return card File #: M419619 subpoena(s) identical to You have twenty (20) days to file of record and serve upon subpoena. If no objection is JEFFREY B RETTIG, ESQUIRE 301 MARKET ST PO BOX 109 LEMOYNE, PA 17043 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3336 By: Ruby Schwartzberg COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AARNE STEFANON Vs. LESTER ASSOCIATES ET AL File No. 10 -7592 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 OHIO CASUALTY INSURANCE, PO BOX 515099, LOS ANGELES CA 90051 TO: ATTN: CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or�things.: ATTACHED ADDE1 DUD at - MEDICAL LEGAL REPRODUCTIONS(,A TNess)4940 DISSTON ST., PHILA., PA You may deliver or ma i 1 legible copies of the documents or produce things requested this. subpoena, together with the certificate of comp i i ance, to the party making th i request at the address listed above. You have the right to seek in advance the reaonable cost of preparing the copies or producing the things sought. I f 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_ ccnpel l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY B RETTIG, ESQ ADDRESS: 1.0 MARKET ST TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: M419619 -01 DATE: LEMOYNE, PA 17043 215 - 335 -3212 1966 DEFENDANT 1� Sea 1 oof the Court BY THE COURT: Prothonotary/Clerk, Civil Division (Eff. 7/97) ' ADDENDUM TO SUBPOENA AARNE STEFANON Vs. LESTER ASSOCIATES ET AL No. 10 -7592 CUSTODIAN OF RECORDS FOR : OHIO CASUALTY INSURANCE ** *SEE ATTACHED ADDENDUM * ** PERTAINING TO: NAME: AARNE STEFANON ADDRESS: 561 CRISWELL DR BOILING SPRINGS PA DATE OF BIRTH: 09/16/79 SSAN: XXXXX8560 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ( ] RECORDS ARE ATTACHED HERETO: i hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X -RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M419619 -01 OHIO CASUALTY INSURANCE * * * SIGN AND RETURN THIS PAGE * * * ■ ADDENDUM Copy of the entire WC claim file to include, but not limited to, transcribed recorded statement, first report of injury, medical records, WC forms, wage statement, print out of medical and wage loss payments, photographs, claim notes, correspondence and any other documents whatsoever contained in the WC claim file #104721060; DOL 12/11/2008; claimant Aarne Stefanon; Ohio Casualty insured: Huntington Learning Center; Underwriting company: Excelsior Insurance Company; from 12/11/2008 to present. CP lT PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, Plaintiff(s) vs. LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, Inc.; OSI RESTAURANT PARTNERS, LLC; et al Defendant(s) (check one) X Civil Action- Law _ Appeal from arbitration (other) COURT OF COMMON PLEAS CUMBERLAND COUNTY : CASE NO. 10-7592 : Civil Term The trial list will be called on 11/10/14 And Pretrials will be held on 11/26/14 (Briefs are due 5 days before pretrials) Trials commence on 12/08/14 Indicate the attorney who will try case for the party who files this praecipe: Norman Briggs, Esquire for Defendants OSI Restaurant Partners, LLC (n/k/a Bloomin' Brands, Inc.), Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers Indicate trial counsel for other parties if known: Anthony Stefanon, Counsel for Plaintiff; Jeff Rettig, Counsel for Lester Associates This case is ready for trial. Date: /I14114 Signed: Print Name: Adrienne Chapman, Esq. Briggs Law Office Attorney for: OSI Restaurant Partners, LLC (n/k/a Bloomin' Brands, Inc.), Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, E-SQWIIE_ ADRIENNE CHAPMAN, ESQUIRt• Attorney I.D. No.: 60940/ 307818 400 Market Street Suite 730 Philadelphia, PA 19106 (215) 925-4632 AARNE JOE STEFANON 561 Criswell Drive Boiling Springs, PA 17007, vs. Attorney for Defendants OSI Restaurant Partners, LLC, Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers Plaintiff(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY LESTER ASSOCIATES and METRO COMMERCIAL REAL ESTATE, Inc.; OSI RESTAURANT PARTNERS, LLC; et al Defendant(s) : CASE NO. 10-7592 : Civil Term PRAECIPE TO WITHDRAW FROM THE DECEMBER 8, 2014 JURY TRIAL LIST TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please withdraw the above case from the Jury Trial list of 12/08/14. Respectfully submitted, Briggs JGaw 'ce Signed.- Adrienne Chapman, Esq. ID 307818 400 Market Street, Suite 730 Philadelphia PA 19106 achapman@thebriggslaw.com Attorney for: OSI Restaurant Partners, LLC (n/k/a Bloomin' Brands, Inc.), Outback Steakhouse of Florida, LLC, OS Restaurant Services, Inc., and Michelle Shivers