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Home My WebLink About02-0126 " LISA MABIUS, Plaintiff v. LONG JOHN SILVERS, INC, SHIRLEY POLONSKY, tJd/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants TO: Prothonotary :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. Q;t - I~~ Cl~~l '-r~~ :JURY TRIAL DEMANDED Please issue a Writ of Summons on behalf of the Plaintiff against the Defendants in the above-captioned action. Date: i l ~(O l- HANDLER, HENNING, & ROSENBERG, By Ste e G. Held, Esquire Attorney 1.0.# 72663 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiff ',,, ",'k1,!i\llilii -.........""""_~_,d:l.~''',~.."~:="''',,, .miIIiWD" !~ ' 0 VJ t - 6-.[) '!::..t~' &- r-- rY'l r- .r- ~ ~ F5 ~ b ~ r--. - ~ ~ ~~ c f: ~ f F~~ C/) .- r '+- ..0 1> ~ ~ f--r ~~J:~ - f t 1d f~ 0. fL r ld 6== -Q,.(;--- .- ~ o-E- J{!pgf -..(~- r~ lYI- (") 0 (::) c N Tl ~ "'2- c..... t::J ~ ~ -065 ;r::. :JJ mn1 -- ~ 2::0 ."'- l--- . it- 2C:: I ~'1 rn '1 tD ' (; t.;:J D S2;:;: S6 "- Vot & ~CJ -0 ~-:s: -ri ~ lU ~ 0 & ~O ::0:: C~(=; 0 C --0 ;?: ril ~ I Pc w 0 .. ~ CI) , ~ r 0 ~ ~ N -< ~ + '-..(,........ Commonwealth of Pennsylvania County of Cumberland Lisa Mabius VS. Long John Silvers, Inc. c/o Corporation Systems 1635 Market St. philadelphia, PA Shirley Polonsky 1219 W. Wynnewood Road Suite 313 Wynnewood, PA Court of Common Pleas No. ------------------------------------- 02-126 Civil Term Long John Silvers Seafood Shoppe, Store No. 3683 3601 Market St. Canp Hill, PA In ____~~yJ:~_~~_~~~~__~_~___________________ To ___!p'I}935~t.m-~UYst~L-J-IlQL--~g-.l~Y-J'-Q10nsky, t/d/b/a Long John Silvers Seafood Shoppe, Store No. 3683 You are hereby notified that Lisa Mabius .------------------------------------------------------------------------------------------------ the Plaintiff haS commenced an action in ___gj.Y:i:l.h9J:J,qJ;.L-:.-!&ili.-n---n-----n----n---------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) .~---------~-~-~~--~D!l-------------------- Prothonotary Date January 9, 2002 ------------------------------ ~2~':!7l&UiUL:----- Dep~~-"t'" " , H-..I!'t:lt-'Ul I (") N~UlS ~~t-'Ul 't:lt-'C'lS t'" ~ I . ~ . W rt I f-'. oi~ N:::r gO\....... f-'. , 0-..1 0 o~ I <: f-'. t-' ~. "WO ::l en , . I .0 I t:; t-' lQ ~r't1.O f-' CJ1 lQ OJ I I "*' ~!iI' 8' t"':::r I ~(1)::e:ln aifi~ , I I ::I:i ~ ~ ~ I , -..I CD 0- X tl" [g I '0 , I /!) 8~~g ~ ~. '< i@~ g , NI~ I IN I 0\ N O\lQ G) I r't . wf (g f-'" II I 0\0 ot-'. I f-'. r . (1) t:: It-' I I I wo. W(1) I g r't. Ul ~ b f-'. r't OJ Ul en IN I o wen::I: I 't:l f-'. OJ r't f-'. 10\ >, 't:l-..lr't(1) I :PiUlW~ ~~ . Ul f-'. ...... In ..' :Pi ~ b: I I r'to\ r'tO<: 6': I . CD (1) 't:l. ::l (1) If-'. t-' . i wtl :Pi .w'~ 1<: Ji I 'f-'. -..I I Ii t-' ~$ I If-' 0 , W g en 1>-3 , 0\ I r'tH I , 5' OJ ~ ~ 1(1) I I I I I-t1 !~ I I ~ I I I I I I I I I I , I I I , I I I , I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MABIUS LISA VS LONG JOHN SILVERS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POLONSKY SHIRLEY but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 4th , 2002 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 6.00 9.00 10.00 33.00 .00 58.00 03/04/2002 HANDLER HENNING .~ R. Thomas Kl' e Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me thi s /3<t:: day of ~ :lc-o:L A.D. ~o. )1-1A/,.) I\..~. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MABIUS LISA VS LONG JOHN SILVERS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LONG JOHN SILVERS INC but was unable to locate Them ln his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 27th, 2002 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge Dep Philadelphia 18.00 9.00 10.00 116.00 .00 153.00 02/27/2002 HANDLER HENNING So answer~ ~-!>// R./ Thomas Kl ine Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this /..3~ day of ~ ,JO-O~ A.D. ~Q~1I?- p~othonot'a SHERIFF'S RETURN - REGULAR CASE NO: 2002-00126 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MABIUS LISA VS LONG JOHN SILVERS INC ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LONG JOHN SILVERS SEAFOOD SHOPPE the DEFENDANT , at 1725:00 HOURS, on the 22nd day of January , 2002 at STORE 3683 3601 MARKET ST CAMP HILL, PA 17011 by handing to CHRISTINE FILEPAS, ASSISTANT MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 8.97 .00 10.00 .00 24.97 ?'*'~n-~~~ R. Thomas Kline 03/04/2002 HANDLER HENNING ROSENBERG Sworn and Subscribed to before By: /~t2 U-J Dep y Sheriff me this /3 t=: day of ~ .2{}0~ A.D. q~.L.-' a fltdl<. J. ~ rothonotary .r'\o In The Court of COJ;nmon Pl-eas of Cumberland County, Pennsylvania Lisa Mabius . . yS. Long John Silvers, Inc et al SERVE: Long John Silvers, INc No. 02 126 civil Now, January 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~(?/ ~ .r ~ ""r-~.R':;;~ ., Sheriff of Cumberland County, PA Affidavit of Service Now, /5, /-.t/3 R <./ Me v I ,20 0 ~, at rO;lJo o'clock 14 M. served the within C. 0 M Fe... 17 I ,....) -,- upon 1-.. ON &- JOHtJ S";t.... v.€lC.s / UG at Q.. r c....t? e P / J.... / j- If.-? /<? re K ~ r ,-G- by handing to ' S'tC},vt., R;:r J;; L. 01"'10 J'./ a copy of the original Q I) tM P L ,q-,>v .- and made known to LoA,) (,. .JOkA.J S';e...,/hC.,] /lvc... the contents th,ereof. So answers, JO/-l-",.) 14. '(;,..<-,f;\1,""// #SL"',J Sheriff of tPt-I, ,-,:f . County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDA VIT $ L """ $ , In The Court of Common Pleas of Cumberland County, Pennsylvania Lisa Mabius v.s. Long John Silvers, Inc et al ERVE: Shirley Polonsky No. 02 126 civil Now, January 17, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Montganery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~.~ Sheriff of Cumberland County, P A Affidavit of Service ~ ~ , ~ Now, ~S JjMJJ~tf.tA\J ,20(;)" ,at [PL)[i o'c1ockJ;LM.servedthe within 311MM 0"; J upon $~VJ /Pi fa UJ N~,( Y at /;(,( '1 W~J)~WddO fZd iJ 313 pJ~!J~~iJ8Bf) fit by handing to ~\ '~U, Po LQAI..5Kt a ,1iU.f..t' CfI./C er- copy of the original ~}-.uJ"'s and~ade known tOS+t~1_. ~U4SKr So am~6!terrt ~,... "'""J ~f'~'C""'." t', ...,:' .' .. t" '-.-~'" " "'j '..'-"., -- < _M__'~>__'_"'" I _.J {;J GJlltt1.O Sheriff of /1JJrr;; County, P A ~:i.,~ ,.jo-l::.l~v"".,_",,-,,,,,,,--,~'.r..._.,,..--,,,,,. ..',"., ,'."" ,,~"" ',-':,1'.' Sworn and SUbSCri~e me thi~ q, day 0 . 200~ ~~- COSTS SERVICE MILEAGE AFFIDAVIT $ $ \:I. THOMAS KLINE Sheriff ~w al QCUhrbel'l ~I'\)-v. ,:r, , Q'''''d- ,!l'.,~ .~,',"', ;.;~, .F Ji'} '~1"t'( , .:0,,7~.- ,l., RolE" r,' I,-{ . Nt' '~,t~,-" ' //1,3 @ RONNY R ANDERSON Chief DePIJly EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF PATRICIA A, SHATTO Reel Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 TO: Montganery County Sheriff RE: Lisa Mabius VS Long John Silvers, 02-126 civil Inc. et a1 , . " : JM,g,~~_.jBlOVJK.i RELl\TlON I POSIT .tON_~ ' 'I' OF 'Ef,l\/H'r 11' ( oJ ,'" ...~.I, J ._'. ,~, .'. .._,_...".. -."-- ,_I ,-f :;,C -[QtJl DATE at' ..c,,: 'E, ( !L O'~'-'- r '--.-.-_ NUMBER or: nTENPTS f DEPUTY _fA.) (;;/!tl z. Z() Dear Sir: newood Enclosed please find Writ of Surrmons to be served upon Shirley Po1ons Wynnewood, PA in your County. DEPUTY LAST DAY OF SERVICE ~ Ir: ,J()r} Kindly make service thereof and send us your return of service. ' !.rs..l,_ 0\ Enclosed is the advance payment which you requested. V\>~~ ~ Very truly yours, .r~~~ R. Thomas Kline, Sheriff Cumberland County, Pennsylvania a N <- :"'..::'. -"";,'" N f'V ~~~ ,Enclosures: ':? :&:- N L\ O?:>Q0 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-126 CIVIL TERM LISA MABIUS, v. LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, CIVIL ACTION - LAW Defendants NOTICE YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claim set forth in the fol1owingpages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personal1y or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. A VISO Le han demandado en corte. Si usted desea defender contra las demandas dispuestas fm las paginas siguientes, usted debe tamar la accion en el plaza de veinte (20) dias despues de esta queja y se sirve el aviso, incorporando un aspecto escrito personalmente 0 y archivando en escribir con la corte 5US defensas U objeciones a las demandas dispuestas contra listed el abogado Ie advierte que que si osted no puede hacer asi que el caso puede proceder sin listed y unjuicio se puede incorporar contra usted compra la corte sin aviso adicional para cualquier dinero demandado en la queja 0 para cualquier otra demanda 0 relevaci6n pedida por el demandante. Usted puede perder el dinero 0 la caracteristica de otra endereza importante a usted, USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO HACE QUE UN ABOGADO VA Y A A 0 LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, EST A OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURiDICOS DE LA OFERT A DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUClDO 0 NINGUN HONORARIO COURT ADMINISTRATOR 4th Floor, Cumberland County Courthou,e Carlisle, P A 17013 Telephone: (717) 240-6200 HAND , LLP By S G. ,eld, I. D. No. 72663 1300 Linglestown Road Harrisburg P A 17110 (717) 238-2000 Attorneys for Plaintiff(s) Jfl/complainUpremesls/ice/mablus Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LISA MABIUS, v. : NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY tJd/b/a LONG CIVIL ACTION - LAW JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants COMPLAINT AND NOW, comes the Plaintiff, Lisa Mabius, by and through her attorneys, HANDLER, HENNING & ROSENBERG, by Stephen H. Held, Esquire, and brings forth this Complaint against the Defendants, Long John Silvers, Inc., and Shirley Polonsky t1d/b/a Long John Silvers Seafood Shoppe, Store No. 3683, and avers as follows: 1. Plaintiff, Lisa Mabius, is an adult individual currently residing at 441 A Valley Street, Marysville, Perry County, Pennsylvania 17053. 2. Defendant, Shirley Polonsky t1d/b/a Long J10hn Silvers Seafood Shoppe, Store No. 3683, is an adult individual currently residing at 1219 West Wynnewood Road, Suite 313, Wynnewood, Pennsylvania, 19096. 3. Defendant, Long John Silvers, Inc., is a corporation with offices located at CT Corporation Systems, 1635 Market Street, Philadelphia, Pennsylvania 19103. 4. At all times material hereto, Long John Silvers Inc., was in ownership, possession, management and control of the premises located at and known as 3601 1 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. (Hereinafter Premises). 5. At all times material hereto, Plaintiff, Lisa Mabius, was a business invitee upon said Premises. 6. At all times material hereto, Defendant, who had exclusive control of said Premises, had allowed snow and ice to accumulate and remain on the walkway of the complex. 7. At all times material hereto, there were no warning signs posted on the Premises warning of the snow and ice that remained on the sidewalk. 8. On or about January 31, 2000, Plaintiff, Lis:a Mabius, was walking on the walkway in a common area on the Premises. While walking on the walkway, Plaintiff was caused to slip and fall harshly upon the ground due to an accumulation of snow and/or ice that was allowed to remain on the walkway, causing pers'onal injuries to the Plaintiff, as more particularly set forth herein. COUNT I . NEGLIGENCE LISA MABIUS v. LONG JOHN SILVERS. INC. 9. Paragraphs 1 through 8 are incorporated herein as if fully set forth. 10. At all times material to hereto, Plaintiff, Lisa Mabius, believes and therefore avers, that Defendant, Long John Silvers, Inc., was in ownership, possession, management and control of the Premises and were responsible for maintaining the safe condition of the property known as 3601 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2 11. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Lisa Mabius, were caused directly and proximately by the negligence of Defendant, Long John Silvers, Inc., and/or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the parking lot at the Premises to become covered with snow and/or ice thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to provide proper drainage and gutters to insure thawed ice did not drip and refreeze on the walkway; (c) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the snow and/or ice, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure the sidewalk at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (e) In failing to post a warning sign or device in the area to notify of the dangerous icy or slippery condition on the walkway of said Premises; 3 (f) In failing to remove the snow and/or iice from the sidewalk of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; (g) In failing to place salt, cinders or any other non-skid material upon the snow and ice covered walkway; and (h) In failing to maintain the walkway in a reasonably safe condition that would prevent an invitee from slipping and falling. 12. Defendant, Long John Silvers Inc., had actual knowledge or should have known through the exercise of ordinary care and diligencl~ that there was snow and ice accumulated on the sidewalk in the area where Plaintiff, Lisa Mabius, fell. 13. As a direct and proximate result of the negligence of Defendant, Long John Silvers Inc., Plaintiff, Lisa Mabius, sustained serious injuries including, but not limited to, her lower back, left hip, left elbow, left arm, and left shoulder. 14. As a direct and proximate result of the negligence of Defendant, Long John Silvers Inc., Plaintiff, Lisa Mabius, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 15. As a direct and proximate result of the negligence of Defendant, Long John Silvers Inc., Plaintiff, Lisa Mabius, has been, and will in the future be, hindered from attending to her daily duties and activities to her great detriment, loss, humiliation and embarrassment. 16. As a direct and proximate result of the negligence of Defendant, Long John Silvers Inc., Plaintiff, Lisa Mabius, has and will in the future, suffer a loss of life's pleasures. 4 17. As a direct and proximate result of the negligence of Defendant, Long John Silvers Inc., Plaintiff, Lisa Mabius, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 18. Plaintiff, Lisa Mabius, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Lisa Mabius, seeks damages from Defendant, Long John Silvers Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County. COUNT II - NEGLIGENCE LISA MABIUS v. SHIRLEY POLONSKY tJd/b/a LONG JOHN SILVERS SEAFOOD SHOPPE. STORE NO. 3683 19. Paragraphs 1 through 18 are incorporated herein as if fully set forth. 20. At all times material to hereto, Plaintiff, Lisa Mabius, believes and therefore avers, that Defendant, Shirley Polonsky tld/b/a Long John Silvers Seafood Shoppe, Store No. 3683, was in ownership, possession, management and control of the Premises and were responsible for maintaining the safe condition of the property known as 3601 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 21. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Lisa Mabius, were caused directly and pro~:imately by the negligence of Defendant, Shirley Polonsky tld/b/a Long John Silvers Seafood Shoppe, Store No. 3683, 5 and/or by its agents, servants, workmen or employees, acting in the scope oftheir authority and employment, generally and more specifically as set forth below: (a) In causing or permitting the parking lot at the Premises to become covered with snow and/or ice thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to provide proper drainage and gutters to insure thawed ice did not drip and refreeze on the walkway; (c) In failing to make a reasonable inspl~ction of said Premises which would have revealed the existence of the dangerous condition posed by the snow and/or ice, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure the walkway at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (e) In failing to post a warning sign or device in the area to notify of the dangerous icy or slippery condition on the walkway of said Premises; (f) In failing to remove the snow and/or iice from the walkway of said Premises so as to avoid the situation in which the Plaintiff slipped and fell; (g) In failing to place salt, cinders or any other non-skid material upon the snow and ice covered walkway; and 6 (h) In failing to maintain the walkway in a reasonably safe condition that would prevent an invitee from slipping and falling. 22. Defendant, Shirley Polonsky Ud/b/a Long .John Silvers Seafood Shoppe, Store No. 3683, had actual knowledge or should have known through the exercise of ordinary care and diligence that there was snow and ice accumulated on the walkway in the area where Plaintiff, Lisa Mabius, fell. 23. As a direct and proximate result of the negligence of Defendant, Shirley Polonsky Ud/b/a Long John Silvers Seafood Shoppe, Store No. 3683, Plaintiff, Lisa Mabius, sustained serious injuries including, but not limited to, her lower back, left hip, left elbow, left arm, and left shoulder. 24. As a direct and proximate result of the negligence of Defendant, Shirley Polonsky Ud/b/a Long John Silvers Seafood Shoppe, Store No. 3683, Plaintiff, Lisa Mabius, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 25. As a direct and proximate result of the negligence of Defendant, Shirley Polonsky Ud/b/a Long John Silvers Seafood Shoppe, Store No. 3683, Plaintiff, Lisa Mabius, has been, and will in the future be, hindered from attending to her daily duties and activities to her great detriment, loss, humiliation and embarrassment. 26. As a direct and proximate result of the negligence of Defendant, Shirley Polonsky Ud/b/a Long John Silvers Seafood Shoppe, Store No. 3683, Plaintiff, Lisa Mabius, has and will in the future, suffer a loss of life's pleasures. 7 27. As a direct and proximate result of the negligence of Defendant, Shirley Polonsky tJd/b/a Long John Silvers Seafood Shoppe, Store No. 3683, Plaintiff, Lisa Mabius, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 28. Plaintiff, Lisa Mabius, believes, and therefore avers, that her injuries are permanent in nature. WHEREFORE, Plaintiff, Lisa Mabius, seeks damages from Defendant, Shirley Polonsky tJd/b/a Long John Silvers Seafood Shoppe, Store No. 3683, in an amount in excess of the compulsory arbitration limits of Cumberland County. Respectfully submitted, HANDL R, HENNING & ROSENBERG, LLP te en G" Held .D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 By Dated: C{( fOlD] / Attorneys for Plaintiff 8 VERIFICATION I verify that the statements contained in the foregoin!~ document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~~.~~ Lisa Mabius Date: q -d-. q -03 C) s= "'1; ;.~: mlr, Z:,1:' Zl' ~;? ;~~: ,<C' ;c: ," ~-'(-) >('0. 2: =< C::J c..:., :::> '-' ....c I o " :!"J .11 i' (.) -T', --,., ,~ (') ;-'-~m :::::.j ,,1:'- ~ -'i::) :~~ ~ :.n ,,, Stephen E. Geduldig, Esquire Attorney LD, No. 43530 Michele J, Thorp, Esquire Attorney I.D, No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717)237-7105 E-Mail: s2eduldigfa)tthlaw.com Attorneys for Defendants: LONG JOHN SILVERS. INe.. and SHIRLEY POLONSKY Vd/b/a LONG JOHN SILVERS SEAFOOD SHOPPE. STORE NO. 3683 LISA MABIUS, Plaintiff v. LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY tldlb/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-126 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, Michele J. Thorp, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendants, Long John Silvers, Inc., and Shirley Polonsky t/dlb/a Long John Silvers Seafood Shoppe, Store No. 3683, in the above- captioned matter, reserving our right to answer or otherwise plead to Plaintiffs Complaint. Respectfully submitted, ~s & HAFER, LLP d 0iE' . Ig, sqUire Attorney 1. o. 43530 Michele J. Thorp, Esquire Attorney 1.D. No. 71117 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 By: DATE: \ cIa-o/o:::, 261668.1 Attorneys for Def(mdants CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 T By: i e J. h rp Attorney J.D. . 71117 305 N. Front Street P.O. Box 999 Harrisburg, P AlI'I 08-0999 (717) 237-7100 Attorneys for Defmdants, Long John Silvers" Inc., and Shirley Polonsky t/dlb/a Long John Silvers S"afood Shoppl>, Store No. 3683 DATE: 'C,/2-0/03 261668.1 I' (-\ ~~ 1}r f'i' ;~ .', C;') '. --;-. ":,j -( -, -, ()-, ~~ ) I c) , ~~_I ~",~ Michele J, Thorp, Esquire Attorney !.D. No. 71117 THOMAS, THOMAS & HAFER, llP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: saeduldiaaD.tthlaw,cam Attorneys for Defendants: lONG JOHN SilVERS, INC., and SHIRLEY POLONSKY tJdlbfa lONG JOHN SilVERS SEAFOOD SHOPPE, STORE NO. 3683 LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONS~Y Ud/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants ===1 i JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (:!O) d~ys from the date listed below in which to file of record and serve upon the undersigned an objecti<jn to the subpoenas. If no objection is made, the subpoenas will be served. Respectfully submitted, T Date:45/~ ich e J. horp, , Attorney I.D. ' o. 1117 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-237-7141 Attorneys for Defendants Michele J. Thorp. Esquire Attorney 1.0. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvanj~ 17108-0999 (717) 237-7100 FAX (717) 237-710S E-Mail: saeduldia@tthla.w.com Attorneys for Defendants: LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY lId/bla LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLCNSIj:Y tld/b/a LONG JOHN SILVERS SE,f..FOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED I I ~ CERTIFICATE OF SERVICE AND NOW, thi~ (5 rvA of November, 2003, I, Barbara Onorato, a paralegal in the law firm of Thomas, T~omas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document b}1 placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: ttePhen G. Held, Esquire andler, Henning & Rosenberg, LLP 300 Linglestown Road & tjiarrisburg, PA 17110 4, . JU-I~ ~ Barbara Onorato, Paralegal LISA MABIUS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants! JURY TRIAL DEMANDED SUB OENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Gaspere q. Geraci, 880 Poplar Church Road. Camp Hill. P A 17011 (Name ofPers~n or Entity) Within twenty 1(20) days after service of this subpoena, you are ordered by the court to produce the following ~ocuments or things: Complete copies of and all medical records medical r orts medical bills dia ostic studies. notes. con'es ondence MR1 films CAT scans and/or x-rav films regarding Lisa M. Mabius. SSN: 180-5 -0929 d/olb: 1/30/63. at: Thomas. Thon:illL~ Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. ' You may deliver or ~'Ilegible copies of the documents or produce things requested by this subpoena, together wi the certificate of compliance, to the party making this request at the address listed above. ou have the right to seek in advance, the reasonable cost of preparing the copies or producing th things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service,;he party serving this subpoena may seek a court order compelling you to comply with it. ' THIS SUBPOENA W S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Th rp, Esquire ADDRESS: P.O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE: (7: 7) 2 7-7141 SUPREME COURT #: 71117 ATTORNEY FOR: De endant BY THE COURT: , DATE: ' Seal of the CoJ ! Prothonotary/Clerk, Civil Division Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendant~ JURY TRIAL DEMANDED flU OENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 TO: PA 17112 Within tw,mty!(20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of and all claim records medical r orts medical bills dia ostic studies notes. c orrespondoenc MRI films CAT s cans and/or x ora fihns re ardin Lisa M. M abius SSN: 180-58-0921) d/ Ib: 1/30163 Cl No' 98-16301A at: Thomas. Thomas ~Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together Wl~ the certificate of compliance, to the party making this request at the address listed above. ou have the right to seek in advance, the reasonable cost of preparing the copies or producing th, things sought. If you fail to prodnce tj-te documents or things required by this subpoena, within twenty (20) days after its service, t.he ~arty serving this subpoena may seek .a court order compelling you to comply with it. THIS SUBPOENA wts ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Th rp, Esquire ADDRESS: P.O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE: (717) 2~7-7141 SUPREMECOURTW#: 71117 ATTORNEY FOR: Deifendant BY THE COURT: , , DATE: I Sealofthe~ I ! Prothonotary/Clerk, Civil Division Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/h/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUB OENA TO PRODUCE DOCUMENTS OR THINGS F R DISCOVERY PURSUANT TO RULE 4009.22 TO: Premier Aut Insurance 502 West Office Center Suite 100 Ft. Washin ton PA 19034 (Name ofPers . n or Entity) Within twenty 1c20) days after service of this subpoena, you are ordered by the court to produce the following !documents or things: Complete copies of and all claim records medical r orts medical bills dia ostic studies notes,correspondenc MRl films CAT scans andlorx-ra filmsre ardin LisaM.Mabius SSN: 180-58-0929 dI Ib: 1/30/63 CI No' 98-16301A at: Thomas, ThomJ!L~ Hafer, LLP, 305 N. Front St.. P.O. Box 999, Harrisburg, PA 17108- 0999. You may deliver<:>r nj1aillegible copies of the documents or produce things requested by this subpoena, together ~h the certificate of compliance, to the party making this request at the address listed above. r ou have the right to seek in advance, the reasonable cost of preparing the copies or producing th~ things sought. If you fail to produce $e documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA Wf\S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thprp, Esquire ADDRESS: P.O. BOX~99' Harrisburg, PA 17108-0999 TELEPHONE: (717) 37-7141 SUPREME COURT #: 71117 ATTORNEY FOR: D~fendant BY THE COURT: DATE: ' i Seal ofthe CO~ Prothonotary/Clerk, Civil Division Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendant~ JURY TRIAL DEMANDED SU OENA TO PRODUCE DOCUMENTS OR THINGS R DISCOVERY PURSUANT TO RULE 4009.22 TO: Ortho edic I stitute of P McCuen and Associates PT 240 Grandview Avenue Ste 101 Cam Hill A 17011 (Name ofPers n or Entity) , Within twenty i (20) days after service of this subpoena, you are ordered by the court to produce the following! ocuments or things: Com lete co ies of and all medical records medical re orts studies. notes. corres ondence MRI films CAT scans and/or x-ra Mabius. SSN: 180-5 -0929 d/o/b: 1/30/63. at: Thomas. Thomas ~ Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or nj.aillegible copies of the documents or produce things requested by this subpoena, together w~' h the certificate of compliance, to the party making this request at the address listed above. ou have the right to seek in advance, the reasonable cost of preparing the copies or producing th things sought. If you fail to produce t~e documents or things required by this subpoena, within twenty (20) days after its service, the ~arty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA W.-t..S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele 1. T~rp, Esquire ADDRESS: P.O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE: (717) 2 7-7141 SUPREME COURT #: 71117 ATTORNEY FOR: Defendant BY THE COURT: ! DATE: " Seal of the coot- Prothonotary/Clerk, Civil Division , ! I ! Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants: JURY TRIAL DEMANDED SUB OENA TO PRODUCE DOCUMENTS OR THINGS F R DISCOVERY PURSUANT TO RULE 4009.22 TO: Ortho edic I stitute of P A 875 Po lar Church Road Cam Hill P A 17011 (Name ofPers n or Entity) ! Within twenty'(20) days after service of this subpoena, you are ordered by the court to produce the following ocuments or things: Com lete co ies of and all medical records medical r orts studies, notes. corres ondence MR1 films CAT scans and/or x-ra Mabius SSN: 180-5 -0929 d/olb: 1/30/63. at: Thomas. Thomas ~ Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. You may deliver or ntail legible copies of the documents or produce things requested by this subpoena, together willi the certificate of compliance, to the party making this request at the address listed above. )j" ou have the right to seek in advance, the reasonable cost of preparing the copies or producing th+ things sought. If you fail to produce ~e documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA wAs ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele 1. Th rp, Esquire ADDRESS: P.O. Box 99, Harrisburg, PA 17108-0999 TELEPHONE:(717)27-7141 SUPREME COURT #: 71117 ATTORNEY FOR: De endant BY THE COURT: DATE: ~ Seal of the Co , Prothonotary/Clerk, Civil Division Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants! JURY TRIAL DEMANDED SUB~OENA TO PRODUCE DOCUMENTS OR THINGS IpR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pinnacle Heal h Hos ital (Name ofPers n or Entity) Within twenty 1(20) days after service of this subpoena, you are ordered by the court to produce the following Uocuments or things: , Com lete co ies of and all medical records medical re orts medical bills dia ostic studies notes corres ndence MR1 fihns CAT scans and/or x-ra films re ardin Lisa M. Mabius SSN: 180-58 0929 d/olb: 1/30/63. at: Thomas. Thomas 4:: Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. ' You may deliver or ~aillegible copies of the documents or produce things requested by this subpoena, together wi~ the certificate of compliance, to the party making this request at the address listed above. Ylou have the right to seek in advance, the reasonable cost of preparing the copies or producing th~ things sought. If you fail to produce tJ\e documents or things required by this subpoena, within twenty (20) days after its service, the Wrty serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA W J!.S ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thqrp, Esquire ADDRESS: P.O. Box ~99, Harrisburg, PA 17108-0999 TELEPHONE: (7!. 7)~7-7141 SUPREME COURT #: 71117 ATTORNEY FOR: De endant BY THE COURT: DATE: : Sealofthe~ Prothonotary/Clerk, Civil Division Deputy o C i:: "1:J(e' (t}L::": ,"",- - . 5'5 ~~T ~f:~) ~c) ..r:.c, >c :z ~ "~..1 '-oJ Stephen E. Geduldig, Esquire Attorney LD. No. 43530 Michele J. Thorp, Esquire Attorney LD, No. 71117 THOMAS, THOMAS & HAFER. LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717)237-7105 E-Mail: se:eduldil!raltthlaw.com Attorneys for Defendants: LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY Vd/b/a LONG JOHN SILVERS SEAFOOD SHOPPE. STORE NO. 3683 LISA MABIUS, Plaintiff v. LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY tldIb/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants TO: Plaintiff and Counsel: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-126 CIVIL TERM WRY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. By: DATE: 1\ /2-5/0.3 264309,1 Respectfully submitted, T Step n E. Ge ul Ig, Esquire Attorney J.D. . 43530 Michele J. Thorp, Esquire Attorney J.D. No. 71117 305 N. Front Street P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7100 Attorneys for Defendants Stephen E. Geduldig, Esquire Attorney I.D, No, 43530 Michele J. Thorp, Esquire Attorney I.D, No. 71117 THOMAS, THOMAS & HAFER. LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717)237-7105 E.Mail: sl!eduldie:ltiltlhlaw.com Attorneys for Defendants: WNG JOHN SILVERS. INC.. and SHIRLEY POWNSKY vd/b/a WNG JOHN SILVERS SEAFOOD SHOPPE, STORE NO, 3683 LISA MABIUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY tld/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants NO. 02-126 CIVIL TERM JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAIN! AND NOW, comes Defendants, Long John Silvers, Inc, and Shirley Polonsky tld/b/a Long John Silvers Seafood Shoppe, Store No. 3683 ("Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, and responds to the Complaint of Plaintiff, Lisa Mabius ("Plaintiff') as follows: I. Admitted based upon information and belief. 2. Admitted in part and denied in part. It is admitted that Shirley Polonsky is an adult individual residing at the address alleged. However, it is specifically denied that Ms. Polonsky trades or does business as Long John Silvers Seafood Shoppe. Ms. Polonsky is the owner of the property where Plaintiff s accident allegedly occuned. 3. Admitted in part and denied in part. It is admitted that Defendant Long John Silvers, Inc. is a corporation. However, it is specifically denied that offices are located at CT Corporation Systems, 1635 Market Street, Philadelphia, Pennsylvania 19103. To the contrary, the aforesaid address serves as a place for service. 4. Admitted in part and denied in part. It is admitted that Long John Silvers operated a restaurant at 3601 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. However, it is specifically denied that Long John Silvers, Inc. owned said property. In fact, the property is owned by Defendant Shirley Polonsky and leased to Long John Silvers. 5. Denied. The averments in this paragraph are d(mied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 7. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 8. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE LISA MABIUS V. LONG JOHN SILVERS. INC. 9. The responses to paragraphs I through 8 are hereby incorporated by reference as if set forth at length. 10. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.p. 1029(e). II. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 2 12. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 13. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 14. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.c.P. 1029(e). 15. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 16. Denied. The averments in this paragraph are d,mied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 17. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. I029(e). 18. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiff with costs assessed to Plaintiff. COUNT II - NEGLIGENCI: LISA MABIUS v. SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE STORE NO. 3683 19. The responses to paragraphs I through 18 are hereby incorporated by reference as if set forth at length. 20. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 3 21. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 22. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 23. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 24. Denied. The averments in this paragraph are dlmied as legal conclusions and pursuant to Pa.R.c.P. 1029(e). 25. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 26. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 27. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 28. Denied. The averments in this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants demand judgment in their favor and against Plaintiff with costs assessed to Plaintiff. NEW MATTER 29. The responses to paragraphs I through 28 are hereby incorporated by reference as if set forth at length. 30. Plaintiff's injuries and damages, which are specifically denied, were not caused by any acts, omissions, or breaches of duty of Defendants, but were caused in whole or in part, or 4 were contributed to by the negligence, fault, or want of care of Plaintiff and/or persons or entities other than Defendants. 31. Plaintiff's claims are barred and/or limited in whole or in part by the Pennsylvania Comparative Negligence Act. 32. Plaintiff's Complaint fails to state a claim against Defendants upon which relief can be granted. 33. Plaintiffs claims may be barred by the applicable statute oflimitations. 34. Defendants assert that this action may be barred by the doctrines of Res Judicata and/or Collateral Estoppel. WHEREFORE, Defendants demand judgment in their nlvor and against Plaintiff with costs assessed to Plaintiff. Respectfully submitted, T By: Step n E. Ged di , Esquire Attorney J.D. No. 43530 Michele J. Thorp, Esquire Attorney J.D. No. 71117 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 DATE: 11/2.5/03 264309.1 Attorneys for Defendants 5 VERIFICATION I, Cindy Kincannon, hereby verify that I have read the foregoing Answer with New Matter to Plaintiffs Complaint and affirm that it is true and COlTect to the best of my knowledge, information and belief This verification and statement is mad,: subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities; I verify that all statements made therein are true and correct and that all false statements made subject me to the penalties of 18 Pa. C.S. 94904. Date: /1- rJ.-/-03 i ~ ~ . ~ ~~ ht ~~.Ju-. CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg., LLP 1300 Linglestown Road Harrisburg, P A 17110 AFER, LLP By: Midi e 1. ho quire Attorney J.D. No. 71117 305 N. Front Stre,et P.O. Box 999 Harrisburg, P A 17108-0999 (717) 237-7100 DATE: 11('2..5/03 264309,) /' Attorneys for Defendants, Long John Silvers, Inc., and Shirley Polonsky lid/b/a Long John Silvers Seafood Shoppe, Store No. 3683 S Q <':' ::1 ~ rn:n I ...,~. - 6 ..., .-! i ~ ~.,~ :. ~ .... ~ LISA MABIUS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/dlb/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER 29. This is a paragraph of incorporation to which no response is required. 30. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiff's injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendant. 31. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff was not negligent in any way. Therefore, the Pennsylvania Comparative Negligence Act does not apply to the instant action. Further, all of Plaintiffs injuries and damages are recoverable in the instant action and are in no way reduced. 32. Defendants' averment is a conclusion oflaw to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint does state a claim against Defendants upon which relief may be granted. 33. The averment of this paragraph is a conclusion oflaw to which no responsive pleading is required. By way of amplification, all of plaintiff's claims are not barred by the statute of limitations. 34. The averment of this paragraph is a conclusion oflaw to which no responsive pleading is required. By way of amplification, all of plaintiff's claims are not barred by the Doctrines of Res Judicata and/or Collateral Estoppel. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant's Answer and New Matter and enter judgment in her favor against the Defendant. HANDLER, HENNING & ROSENBERG, Dated: L 1-1 d- f 0 ") By: Selie . Held, LD.No. 72663 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108-1177 (717) 238-2000 Attorneys for Plaintiff VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. 94904 relating to unsworn falsification to authorities. Date:~ \ vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 02-126 CNIL TERM LISA MABIUS, Plaintiff 'nd LONG JOHN SILVERS, INC., "ONG SHIRLEY POLONSKY tldlb/a L~PPE JOHN SILVERS SEAFOOD SHU, ' STORE NO. 3683 , Defendants '>.,., " JURY TRIAL DEMANDED AND NOW, this CERTIFICATE ~... 1 .-' day of December, 2003, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Stephen E. Geduldig, Esq. THOMAS, THOMAS & HAFER 305 N. Front Street PO Box 999 Harrisburg, P A 17108 Michele J. Thorp, Esq. THOMAS, THOMAS & HAFER 305 N. Front Street PO Box 999 Harrisburg, PAl 71 08 By: HANDLER, HENNING & ROSENBERG LLP ~~ .. ---- "-......_~--~ ---------' C) c ~- ""O(D [lJf' . Z:J..' ZC ~~,:~ kl.) :?e, .-. (~ ::i>c-. z =< .. o <.oJ o 'n C? tY1 C""l , .t,:- ''''-', i:'::''- ..,.in >2C? ~"-::o ,,_J -T. ':,-~:z :1j :)n -~ ?5 -< --0 :Jt: Cd o (D Michele J. Thorp, Esquire Attorney J.D. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 E.Majl: mthorp@tthlaw.com Attorneys for Defendants LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR STATUS CONFEREI\ICE AND NOW, comes Defendants, Long John Silvers, Inc., and Shirley Polonsky t1d/b/a Long John Silvers Seafood Shoppe, Store No. 3683 ("Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, and files the within Motion for Status Conference and in support thereof avers the following: 1. This personal injury case arises from an incident that allEj1gedly occurred on January 31,2000 at the Long John Silvers Restaurant previously Ideated at 3601 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, Lisa Mabius ("Plaintiff"), claims to have fallen on an accumulation of ice and snow on a sidewalk at the aforesaid premises. 3. Plaintiff commenced this action by filing a Complaint on or about September 30, 2003. 4. In response to the filing of the Complaint, Defendants filed an Answer and New Matter, denying Plaintiff's allegations of negligence. 5. The pleadings in this case are now closed. 6. Initial written discovery was served by defense counsel upon Plaintiff in this case. 7. Thereafter, Plaintiff provided partial responses to the discovery requests. Complete, verified responses to the discovery requests have not been provided to date. S. Settlement negotiations ensued. 9. Defense counsel made a settlement offer to Plaintiffs! counsel, which Plaintiffs counsel indicated he would recommend to his client. 10. However, despite a lengthy period of time, Plaintiff hall not provided a definite response to Defendants' settlement offer. 11. It is believed, and therefore averred, that Plaintiff's cOllmsel is having difficulty reaching his client. 12. It is respectfully submitted that a Status Conference wpuld be helpful in this case to move the matter forward by having the Court set deadlines with respect to additional discovery, depositions, the production of expert reports and a trial date. 13. Concurrence of counsel was sought pursuant to Local Rule 20S.2(d). Plaintiff's counsel concurs in the within Motion. WHEREFORE, it is respectfully requested that this Honorable Court schedule a Status Conference for the foregoing purposes. Respectfully submitted, Mi J. Th r ,Es Ir Attorney I.D. No. 17 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-099~ (717) 237-7153 Attorneys for Defendants 350434.1 CERTIFICATE OF SERVICE do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Date: Lf-ji lOb .-' C:,'j ..-:;."J c..i" ""{..... -;.;.,') y. :;J \ CO "3 Q -I' ~? ..-;P (".'1\;--- .,()~.o, -,.'\~ ". i ()C>, \ .,~", .'~ ......' ()i~ /~ r'\'"\. ) '~_A -..... "2 -<0 "'.~,,' _.~- r;-> (n -- - Michele J. Thorp, Esquire Attorney I.D. No. 71117 THOMAS, THOMAS & HAFER. LLP 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 E-Mail: mthorp@tthlaw.com Attorne~ for Defendants Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNl1Y, PENNSYLVANIA I i I NO. 02-126 CIVIL TER~ \ i 'I i i JURY TRIAL DEMANDE~ \ LISA MABIUS, Plaintiff v. LONG JOHN SILVERS,INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, i AND NOW, this day of , 2005, up~n consideration of Defendants' Motion for a Status Conference, and any response t~ereto, it is hereby ORDERED and DECREED that said Motion is GRANTED an~ a conference is ORDER scheduled before the Honorable , , 00 \lhe ~ de, 01 a.mJp.m. in Courtroom No. , Cumberland i , I , 2005 at County Court of Common Pleas. BY THE COURT: J. Michele J. Thorp, Esquire Attorney I.D. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg. PA 17108-0999 (717) 237-7153 E-Mail: rnthorp@tthiaw.com Attomey~ for Defendants LISA MABIUS, IN THE COURT OF CO~MON PLEAS OF CUMBERLAND COUNTiV, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM\ LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDE~ " , AND NOW, this day of , 2005, u90n consideration of Defendants' Motion for a Status Conference, and any response t~ereto, it is hereby I ORDERED and DECREED that said Motion is GRANTED an~ a conference is ORDER scheduled before the Honorable , I on I the day of I- I a.mJp.m. in Courtroom No. I , Cumberland , 2005 at County Court of Comrnon Pleas. BY THE COURT: J. \ RECEIVED APR 112005 f Michele J. Thorp, Esquire Attorney I.D. No. 71117 THOMAS. THOMAS & HAFER. LLP 305 North Front Street Post Office Box 999 Harrisburg. PA 17108-0999 (717) 237-7153 EMMail: mthorp@tthlaw.com Attorneys for Defendants LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED ORDER ~lf, AND NOW, this _ /'6 } day of rip " I , 2005, upon consideration of Defendants' Motion for a Status Conference, and any response thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED and a conference is scheduled before the Honorable /\.'e 1/ III Ii, i--k.5 S on the .!.;t-1 day of .) )1 tU/l , 2005 at ]. ~ (TO 'C!f.'Il'l.lp.m. in Courtroom No. Ii ,Cumberland " 0 -f- County Court of Common Pleas. BYTHE:;T~J /' J. )>tJ.N(-'- I Q :8 lid 61 ~ldV Suul ....!n ~" LISA MABIUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-126 CIVIL LONG JOHN SILVERS, INe., $HIRLEY POLONSKY tJdIb/a LONG JOHN SILVERS SEAFOOD: SHOPPE, STORE NO. 3683, Defendants ORDER AND NOW, this (p-t4 day of May, 2005, following in chambers conference with counsel, the following case management order is entered: I. Discovery in this matter shall be completed within sixty (60) days of the date of this order. 2. Any and all expert reports including reports of an individual medical evaluation will be forthcoming within ninety (90) days of the date of this order. 3. At any time after July 15,2005, either party may praecipe to list this case for either arbitration or trial. BY THE COURT, :rlm 1711.. ~hen G. Held, Esquire For the Plaintiff ~hele Thorp, Esquire ~ ! For the Defendants ,.\..fJ:(' OS :S 1-1J CJ c'u'nz :::1 d :;0 Michele J. Thorp. Esquire Attorney J.D. No. 71117 THOMAS. THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Hanisburg, PA 17108-0999 (717) 237-7153 E-Mail: mthorp@llhlaw.com Attorneys for Defendants LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS,INC., and SHIRLEY POLONSKY t1d/bla LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED UNCONTESTED MOTION FOR EXTENSION OF DEADLINES AND NOW, comes Defendants, Long John Silvers, Inc. and Shirley Polonsky t1d/bla Long John Silvers Seafood Shoppe, Store No. 3683 ("Defendants"), by and through their attorneys, Thomas, Thomas & Hafer, LLP, and files the within Uncontested Motion for Extension of Deadlines and in support thereof avers the following: 1. This personal injury case arises from an incident that allegedly occurred on January 31, 2000, at the Long John Silvers Restaurant previously located at 3601 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania. 2. Plaintiff, Lisa Mabius ("Plaintiff'), claims to have f~llIen on an accumulation of ice and/or snow on a sidewalk at the aforesaid premises. 3. Deadlines in this case were established pursuant 10 a Status Conference held on May 5, 2005 before The Honorable Kevin A. Hess. 4. The Honorable Kevin A. Hess entered an Order dated May 6, 2005, setting forth the agreed-upon deadlines. A copy of said Order is attached hemto, incorporated herein by reference, and marked as Exhibit "A." 5. Both parties have taken steps to move this case forward by conducting discovery, however, it has become clear that an extension in the deadlines of this case are needed. 6. Discovery has not concluded at this point. 7. This case is not yet listed for trial or arbitration and the extension of time will in no way prejudice any party. 8. Counsel for Plaintiff concurs in this Motion and also requests an extension of deadlines. WHEREFORE, it is respectfully requested that this Court enter an Order extending the deadlines in this matter. Respectfully submitted T , LLP Date: la/3D/OS' Mlc J. orp, Es Attorney I.D. No. P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendants 366107.1 MAY 1 a 2( LISA MABIUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-126 CIVIL LONG JOHN SILVERS, INC., SHIRLEY POLONSKY tJd/b/a LONG JOHN SILVERS SEAFOOD: SHOPPE, STORE NO. 3683, Defendants ORDER AND NOW, this (p-di day of May, 2005, following in chambers conference with counsel, the following case management order is entered: 1. Discovery in this matter shall be completed within sixty (60) days of the date of this order. 2. Any and all expert reports including reports of an individual medical evaluation will be forthcoming within ninety (90) days of the date of this order. 3. At any time after July 15,2005, either party may praecipe to list this case for either arbitration or trial. BY THE COURT, Stephen G. Held, Esquire For the Plaintiff /ll-L Michele Thorp, Esquire For the Defendants :rlm CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 T Date: La / 3C> I D '5 () C"~: ;:F:\; .j'-> '," ~~':i-: i~:! ?~t, P'C ~ ..... = = "" <- ~ I ~ ~Fd -om ~~ -r. ..,j -u (40 ~ "-m - ~ .. 2:: w :Q ..,- Michele J. Thorp, Esquire Attorney 1.0. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7153 FAX (717) 237-7105 E-Mail;mthorp@llhiaw.co Attorneys for Defendants: LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY IId/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 LISA MABIUS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED AND NOW, this 9-++-' day of Ftt.)c..L)~;- , 2005, all parties, by and through their attorneys, whose signatures appear below, do hereby STIPULATE and AGREE that all claims against Defendant, Shirley Polonsky, filed in the above-captioned matter shall be discontinued and that Defendant, Shirley Polonsky, shall be released as a party to this action. S{Jjas Date HANDLER, HENNING 8, ROSENBERG, LLP -I Step n . Id, Esquire Attorneys for Plaintiff <O/9JoS Date' I AS, THOMAS & iAFER, LLP - , qUir~ Attorneys for ndants LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONlG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 371605.1 ~ ~ 17ig ~ ~ ~ t ~ E. y ~ .... '. 2 ';":-;: --c ;~'-: ra(':..: :'-><.".^ ~/f,t;,. :'L.'f ';2":. ~~lj. ''J''~ 3.. ~ q. ~ ~ ~e, <;J; -0,0 -..9 i. -;::; 9,q, ~-s tj("'\ ""?~;f\ :$- ~2. c.a ~ c::> ~ cP - Michele J. Thorp. Esquire Attorney 1.0. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Post Office Box 999 Harrisburg, Pennsylvania 17108{)999 (717) 237-7153 FAX (717) 237.7105 E-Mail: mthorp@llhlaw.com LISA MABIUS, Plaintiff Attomeys for Defendants: LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY IId/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party on or about August 1, 2005, to serve subpoenas upon Dr. Geraci, Orthopedic Institute of PA, Family Medical Center of Camp Hill, HealthSouth of Mechanicsburg, Iron Ridge Family Practice, and Perkins. 2. A copy of a letter dated August 2, 2005, and executed by Plaintiffs counsel, Stephen G. Held, Esquire, indicating no objections and waiver of the Notice of Intent is attached to this Certificate; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. Respectfully submitted, by AUG 0 5 2mr:. MAIN OFFICE ""1'300 Linglestown Road Harrisburg, PA 17110 717-238-2000 1-800-422-2224 717-233-3029Ifaxl LANCASTER OFFICE 717-437-4000 ATTORNEYS AT LAW Leslie B. Handler, Retired W. Scott Henning David H Rosenberg (PA. FL) Carolyn M. .Anner fPA.. NY, RNI Matthew S. Crosby IPA, NJI Gregory M. Feather lPA.. N.JI Stephen G. Held Jason C. Imler CARLISLE OFFICE 717-241-2244 August2,2005 www.HHRLaw.com Held@hhrlaw.com Michelle J. Thorp, Esq. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 RE: Lisa Mabius vs Long John Silvers Seafood Shoppe 02-126 CIVIL TERM CUMBERLAND COUNTY Deaf Ms. Thorp: I received your Notice of Intent to Subpoena Records in the above-captioned case. I have no objection to this subpoena and I waive the respective twenty-day notice. Please forward copies of any documentation/records you obtain through this subpoena pursuant to discovery rules. Needless to say, should you have any questions or concerns, please feel free to contact me. Thank you. Very truly yours, Stephen SGH/mai cc: Lisa Mabius 441A Valley Street Marysville, PA 17053 LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Iron Ridl!:e Familv Practice. P.O. Box 235. Camp Hill. PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all medical records. medical reports. treatment notes. medical bills. diagnostic studies. notes. correspondence. etc. regarding Lisa M. Mabius. SSN: 180-58-0929. dlo/b: 1/30/63. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply wi!..'! it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717)237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant DATE:\. Ju..i ~ ..J~ J6A.('" Seal oft e Co Prothonotary/Clerk, CivIl '-- .Ao/>.<.-}2.cnl.'?/U9.....r Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth of Mechanicsburl!. 175 Lancaster Boulevard. Mechanicsburl!. PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. medical reoorts. treatment notes. medical bills. diagnostic studies. notes, correspondence. etc. regarding Lisa M. Mabius. SSN: 180-58-0929. dJolb: 1/30/63. at: Thomas. Thomas & Hafer, LLP. 305 N. Front St" P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant \.. DATE';.~t,~..<~ ~\ Seal of Co LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Familv Medical Center of Camp Hill. 4076 Market Street. Camn Hill. P A 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all medical records. medical reports, treatment notes. medical bills. diagnostic studies. notes. correspondence. etc. regarding Lisa M. Mabius. SSN: 180-58-0929. d/o/b: 1/30/63. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, P A 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant DATE:, )uJ...f c2&. d,r':bS SealofthelCourt I Prothonotary/Clerk, Civi ~~ {} /f0U<L;- Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY tjdjbja LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthouedic Institute orPA. 875 Poular Church Road. Camp Hill. PA 17011 (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: Complete copies of any and all medical records. medical reports. treatment notes. medical bills. dialmostic studies. notes. correspondence. etc. regarding Lisa M. Mabius. SSN: 180-58-0929. dlo!b: 1/30/63 from June 14. 2003 through the present. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant BY THE COURT: DATE:, JJ 1 d&, U'>AS' Sealofth Court( Prothonotary/Clerk, Ci "- 4~o~,~? 7f/Z~-,~/ Deputy LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Gaspere C. Geraci, 880 Poplar Church Road. Camp Hill. PA 17011 (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: Complete copies of any and all medical records. medical reports. medical bills. diagnostic studies. notes. correspondence. MRI films. CAT scans. and/or x-ray films regarding Lisa M. Mabius, SSN: 180-58-0929. dlolb: 1/30/63 from December 20.2003 to the present. at: Thomas, Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant DATE" L..L';k.)~ ~r-A.<; Sealofth Co Prothonotary/Clerk, CivIl "--- ~Ch..P P ~.R...:?__L~.r-- Deputy . LISA MABIUS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-126 CIVIL TERM LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t/d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Perkins, 7 Erford Road, Mecbanicsburl!, P A 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all emplovment records. wage information. disability slips. disciplinary actions, medical records. claim notices, correspondence. documents. etc.. including but not limited to. vour entire file pertaining to Lisa M. Mabius. SSN: 180-58-0929. d/olb: 1/30/63. at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg, PA 17108- 0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply wit.~ it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Michele J. Thorp, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant DATE:, J.t.l~ ;:(L., ;)('y;,5" Seal of t e Court I Prothonotary/Clerk, Civil on "- U.w~ c.. P7pm/?<r~J Deputy Michele J. Thorp, Esquire Altomeyl.D. No. 71117 THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Post Office Box 999 Harrisburg, Pennsylvania 1710ll-0999 (717) 237-7153 FAX (717) 237-7105 E-Mail: mlhorp@llhlaw.com LISA MABIUS, Plaintiff v. LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY t1d/b/a LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683, Defendants Attorneys for Defendants: LONG JOHN SILVERS, INC., and SHIRLEY POLONSKY IJdlbla LONG JOHN SILVERS SEAFOOD SHOPPE, STORE NO. 3683 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-126 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, P A 17110 Date: i (1&/ ()>s ~ Thomas, Thomas & Hafer, LLP n c:, ~?, C" cf' ~ G') ", rV -nt',' r', ..:.;~ <- ~7, '-;,:-.~ :,:, ..... q, ~1 :lJ ~':;\;:1 9{g 'i.~.A ,(-(-r'\ t.~, }'.7- ".,-;:). ~ ~,. > - ,;:? ,,.,) .r;:- LISA MABIUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. LONG JOHN SILVERS SEAFOOD SHOPPE, No.: C>2. - 1'2...<- CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COURT: Please mark this matter "SETTLED. DISCONTINUED AND ENDED" Stephen G. Held. Esquire 1300 Linqlestown Road Harrisburq. PA 17110 (7171 238-2000 Name/AddresslTelephone No. of Attorney s;~ Supreme Court ID No. 72663 Date: October 12. 2005 r~; C) ~n ,^ ,.'.1 :':;1 1:"';' (:J (;'?