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HomeMy WebLinkAbout12-4148 UN DATE 06/19/2012 OFFICE OF JUDICIAL SUPPORT COUNTY OF DELAWARE HLEP-OF ICL OF THE P, QT$ 1 12-000072 2g12JUL-2 PH 3136 TY IENNARD, ROBERT VS CARRABBA'S ITALIAN GRILL I !VD CARRABBA'S ITALIAN GRILL LLC 1 ,AINTIFFS F 3NNARD, ROBERT P CTY - 062081 GREENFIELD, MARC F CERTIFIED A TRUE AND CORRECT D 3FENDANTS COPY FROM T YE RECORD THIS A" OF A.D.ola C ?RRABBA' S ITALIAN GRILL ANG .MARTIN ESQ., DIRECTOR A"TY - 060940 BRIGGS, NORMAN W ICE OF JUD AI-SUPPORT C ?RRABBA' S ITALIAN GRILL LLC ?. / D i. ? 0 , At A A'TY - 060940 BRIGGS, NORMAN W * * * * * * * * * * * * * * * * * * * * * * * * * * REMISES LIABILITY NOT A PRO SE CASE N(IT A CLASS ACTION SUIT * * * * * * * * * * * * * * * * * * * * * * * * * * 0:/04/2012 11:21 A,/ $257.50 COMPLAINT IN PERSONAL INJURY 25 PREMISES LIABILIT' 0:/04/2012 11:21 Ai NOTICE TO DEFEND 0]/04/2012 11:21 Aye VERIFICATION FILED / 01/04/2012 11:21 A? PRAECIPE FOR THE APPEARANCE OF MARC F GREENFIELD ESQ ATTY FOR PLAINTIFF 01/04/2012 11:21 Avg CIVIL COVER SHEET 01/04/2012 11:21 Al/ PRAECIPE FOR THE APPEARANCE OF NORMAN W BRIGGS, ATTY FOR DEFENDANTS 02/22/2012 11:24 Ai DEFENDANTS CARRABAS ITALIAN GRILL'S ANSWER AND NETn MATTER 02/22/2012 ( 11:24 Av ? VERIFICATION !03,/02/2012 10:21 / AV $161.50 SHERIFF'S RETURN SERVED CARRABBA'S ITALIAN GRILL 1-13-12 W/4C/COMPLAINT & NOTICE (BRIAN JOHNSON // MANAGER PIC )(CUMBERLAND CO SHF FEE $125.00 ) 03,'02/2012 10:21 A))$161.50 SHERIFF'S RETURN SERVED CARRABBA'S ITALIAN GRILL l - CONTINUE - I Ck 2 a 63, 7S p 407 a 7-7q7(P OFFICE OF JUDICIAL SUPPORT RUN DATE 06/19/2012 COUNTY OF DELAWARE PAGE 2 1 2- 0 0 0 0 7 2 INC 1-13-12 W/4C/COMPLAINT & NOTICE (BRAN JOHNSON MANAGER ) (CUMBERLAND CO SHF FEE $125.00) I 03/02/2012 10:21 A/$125.00 SHERIFF'S RETURN SERVED CARRABBA'S / MID ATLANTI I LIMITED PARTNERSHIP 1-13-12 W/4C/COMPLAINT & NOTICE (BRIAN JOHNSON MANAGER ) (CUMBERLAND CO SHF FEE $125.00 ) 03/02/2012 10:21 A $161.50 SHERIFF'S RETURN SERVED CARRABBA'S ITALIAN GRILL LLC 1-12-12 W/4C/COMPLAINT & NOTICE (BRAIN JOHNSON MANAGER PIC ) (CUMBERLAND CO SHF FEE $125.00 ) / 03/27/2012 11:26 A v DEFENDANTS' PETITION FOR TRANSFER OF VENUE 03/27/2012 11:26 A ? 206 (B) COVER SHEET FILED / 03/27/2012 1 11:26 Ad VERIFICATION FILED 03/27/2012 11:26 A? MEMORANDUM OF LAW / 0 3/27/2012 11:26 A id CERTIFICATE OF SERVICE 04/04/2012 11:15 A ? PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS 06/01/2012 2:45 PV ORDER FILED: AND NOW, THIS 30TH DAY OF MAY, 2012, UPON CONSIDERATION OF DEFENDANT'S PETITION FOR TRANSFER OF VENUE AND NO RESPONSE HAVING BEEN FILED THERETO, IT IS HEREBY ORDERED THAT SAID PETITION IS GRANTED. AS TO CONDITIONS SET FORTH. (BURR J. 5/30/2012) 236 N/S 6/4/2012 06/19/2012 1:56 P $10.00 PRAECIPE TO TRANSFER VENUE TO CUMBERLAND COUNTY. * * * * * * * * * * * * * * * * * * * * * * * * * * ALL FILINGS ARE LISTED * * * * * * * * * * * * * * * * * * * * * * * * * * - E N D 0 F D 0 C U M E N T - . f , C IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLV CIVIL ACTION -LAW ROBERT KENNARD No: 12-00072 V. CARRABBA'S ITALIAN GRILL, et al ORDER AND NOW, this day of , 2012, upon consideration of Defendants' Petition for Transfer of Venue and no response having been filed thereto, it is hereby ORDERED that said Petition is GRANTED and this action is transferred to the Court o Common Pleas of Cumberland County with the costs of transfer to be paid by Plaintiff. By The Court: J. CZ (_ 95 ci_ t "T) Z*c?c. -- rn d n •°"na C_ ?Q SPEAR, GREENFIELD & RICHMAN, P.C. BY: MARC F. GREENFIELD, ESQUIRE I.D. NO.: 62081 230 S. BROAD STREET, SUITE 1800 PHILADELPHIA, PA 19102 (215) 985-2424 ROBERT KENNARD V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS DELAWARE COUNTY CARRABA'S ITALIAN GRILL, et al No. 12-00072 PRAECIPE TO TRANSFER VENUE TO THE PROTHONOTARY: Kindly transfer the above-captioned matter from Delaware County to Cumberland pursuant to the order of The Honorable Judge Burr upon payment of your costs. SPEAR, GREENFIELD & RICHMAN P.C. MARC F. GREENFIELD, ESQUIRE ATTORNEY FOR PLAINTIFF U" cr- 0 z 5 - U.0-c; c' o a .. = ?- e ac v a • o c? N S3upreme COMO" COU " , C(dn q C >Ik S E C T I 0 N A County The information collected on 1his.1brm is used solely fiw court administration purposes. Ott fe door supplement or replace the filing and service ot'nleadinors or other naners as reauired by lau n? r1li .rrvf rirnr' Commencement of Action: u •'. Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: ROBERT KENNARD CARRABBA'S ITALIAN GRILL Are money damages requested? D Yes No Dollar Amount Requested: (check one) Owithin arbitration ®x outside arbitrate limits n limits Is this a Class Action Suit? 0 Yes M No Is this an MDJAppeal? Yes IM No Name of Plaintiff/Appellant's Attorney: MARC F GREENFIELD, ESQ Check here, if you have no attorney (are a Self-Represented (Pro Se l Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. S E C T I U N B TORT (do not include Mass Tort) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance ©x Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation 0 Other: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title Q Other: For Prothonotary Use Only: p Docket No: d a _ z ,? -- CIVIL APPEALS Administrative Agencies 0 Board of Assessment ® Board of Elections Dept. of Transportation Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Q Declaratory Judgment ® Mandamus Non-Domestic Relations Restraining Order 0 Quo W arranto O Replevin 0 Other: 1/1/2011 1 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall comple the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form (d) A judicial district which has implemented an electronic filing system pursuant 1 Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from th provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedur, Rules Committee, shall design and publish the cover sheet. The latest version of the form shall b published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us. SPEAR, GREENFIELD & RICHMAN, P.C. MAJOR JURY BY: MARC F. GREENFIELD, ESQUIRE I.D. NO.: 62081 230 S. Broad Street, Suite 1800 Philadelphia, PA 19102 (215) 985-2424 Attorney for plaintiff ROBERT KENNARD COURT OF COMMON PLEAS 2426 Sunset Lake Road COUNTY OF DELAWARE Newark, DE 19702 CIVIL TRIAL DIVISION V. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL LLC 5250 Carlisle Pike Mechanicsburg, PA 17050 CONTINUED COMPLAINT IN PERSONAL INJURY 2S PREMISES LIABILITY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE DELAWARE COUNTY BAR ASSOCIATION Front and Lemon Streets, P.O. Box 466 Media, PA 19063 (610) 566-6625 ADVISO Le ban demandado a usted en la corte. Si usted quie defenderse de estas demandas expuestas en las p;iginas siguient usted tiene veinte (20) dias, de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, 1 corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademds, la corte puede decidir a favor del demandante y requiere que usted cumpla cor todas las provisioner de esta demanda. Usted puede perder dine o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVII VAYA EN PERSONA O LLAME POR TELEtFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEC ASISTENCIA LEGAL: DELAWARE COUNTY BAR ASSOCIATION Front and Lemon Streets P.O. Box 466 Media, PA 19063 (610) 566-6625 CARRABBA'S ITALIAN GRILL INC. 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA' S/MID-ATLANTIC-I, LIIMITED PARTNERSHIP 5250 Carlisle Pike Mechanicsburg, PA 17050 COMPLAINT IN PERSONAL INJURY 2S PREMISES LIABILITY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE DELAWARE COUNTY BAR ASSOCIATION Front and Lemon Streets, P.O. Box 466 Media, PA 19063 (610) 566-6625 ADVISO Le ban demandado a usted en la corte. Si usted quie defenderse de estas demandas expuestas en [as pAginas siguienl usted tiene veinte (20) dins, de plazo all partir de la fecha de la demanda y la notificati6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la coue en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, I corte tomari medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adem3s, la cone puede decidir a favor del demandante y requiere que usted cumpla cot todas las provisioner de esta demanda. Usted puede perder dine o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVI( VAYA EN PERSONA O LLAME POR TELttFONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEG ASISTENCIA LEGAL: DELAWARE COUNTY BAR ASSOCIATION Front and Lemon Streets P.O. Box 466 Media, PA 19063 (610) 566-6625 -2- ? a c??v 1 ?- COMPLAINT IN PERSONAL INJURY r ca 2S PREMISES LIABILITY Plaintiff, Robert Kennard, is a citizen and resident of the State of De` ere, at the address listed in the caption of this Complaint. z 2. Defendant, Carrabba's Italian Grill, is a business entity doing business in the Commonwealth of Pennsylvania with an address listed in the caption of this complaint, and at all times material hereto was the owner, operator, maintainor, possessor, lessor, lessee otherwise legally responsible for the care, control and or safety of the premises located at or 5250 Carlisle Pike, in the Borough of Mechanicsburg and County of Cumberland, in Commonwealth of Pennsylvania (hereinafter referred to as "premises"). 3. At all times material hereto defendant was acting individually, jointly and/or by through defendant's agents, servants, franchisees, workmen and/or employees for the repair, care and control of the premises. 4. Defendant, Carrabba's Italian Grill LLC, is a limited liability company doing business in the Commonwealth of Pennsylvania with an address listed in the caption of complaint, and which at all times material hereto was the owner, operator, maintainor, lessor, lessee and/or otherwise legally responsible for the care, control and or safety of the premis s. 5. At all times material hereto defendant was acting individually, j ointly and/or by d through defendant's agents, servants, franchisees, workmen and/or employees for the repair, care and control of the premises. 6. Defendant, Carrabba's Italian Grill Inc., is a corporation doing business in the -3- Commonwealth of Pennsylvania with an address listed in the caption of this complaint, and at all times material hereto was the owner, operator, maintainor, possessor, lessor, lessee otherwise legally responsible for the care, control and or safety of the premises. 7. At all times material hereto defendant was acting individually, jointly and/or by through defendant's agents, servants, franchisees, workmen and/or employees for the repair, care and control of the premises. 8. Defendant, Carrabba's/Mid-Atlantic-I, Limited Partnership, is a limited partnership doing business in the Commonwealth of Pennsylvania with an address listed in the caption of complaint, and which at all times material hereto was the owner, operator, maintainor, lessor, lessee and/or otherwise legally responsible for the care, control and or safety of the premi 9. At all times material hereto defendant was acting individually, jointly and/or by through defendant's agents, servants, franchisees, workmen and/or employees for the repair, care and control of the premises. 10. On or about September 7`h, 2010, plaintiff was an invitee, licensee and/or legally on defendant's premises, when the negligence, recklessness and/or carelessness of defendants caused the plaintiff to slip and fall on liquid located on the floor of the premises. 11. As a result of this accident, the plaintiff suffered severe and permanent bodily inji as more fully set forth at length below. COUNTI Robert Kennard v. Carrabba's Italian Grill Personal Injury 12. Plaintiff incorporates herein the allegations set forth in the previous inclusive, as if set forth here at length. -4- 13. The negligence, carelessness and/or recklessness of defendant consisted of following: a. Failure to design, construct, maintain, and/or repair the premises, hallways, pathways, aisles and/or walkways over which invitees, licenses and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, hallways, pathways, aisles and/or walkways to see if there were or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable and dangerous nature of the premises, floors, hallways, pathways, and/or walkways to such invitees, licensees and/or others legally on premises; d. Failure to barricade and/or block-off the defective and/or dangerous the premises floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exercise due reasonable care under the circumstances in view of the foreseeable accidents and/or injuries that could occur as a result of the conditions on premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, and regulations pertaining to the design, construction, and maintenance the aforementioned premises; g. Failing to exercise the proper care, custody and control over the premises; -5- h. Failure to inspect, maintain and/or repair known and/or unknown and, Failing to prevent and/or remove a dangerous condition derived, origi or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 14. As a direct result of the negligent, careless and/or reckless conduct of the plaintiff suffered various serious and permanent personal injuries, serious impairment of b< function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditio including, but not limited to: left rotator cuff tear, requiring surgery, and any other ills, injuries, to plaintiffs great loss and detriment. 15. As a result of these injuries, all of which are to plaintiffs great financial and loss, plaintiff has in the past, is presently and may in the future suffer great pain, sickness and agony and will continue to suffer for an indefinite time. 16. As an additional result of the carelessness, negligence and/or recklessness defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 17. As a further result of the injuries sustained, the plaintiff has, is presently, and in the future undergo a great loss of earnings and/or earning capacity, all to the further loss detriment of the plaintiff. 18. Furthermore, in addition to all the injuries and losses suffered, the plaintiff incurred or will incur medical, rehabilitative and other related expenses in the amount equal -6- and/or in excess of any applicable health insurance coverage for which plaintiff has not reimbursed and upon which the plaintiff makes a claim for payment in the present action. WHEREFORE, plaintiff demands judgment in plaintiff's favor and against defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. COUNT II Robert Kennard v. Carrabba's Italian Grill LLC Personal Injury 19. Plaintiff incorporates herein the allegations set forth in the previous inclusive, as if set forth here at length. 20. The negligence, carelessness and/or recklessness of defendant consisted of following: a. Failure to design, construct, maintain, and/or repair the premises, hallways, pathways, aisles and/or walkways over which invitees, and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, hallways, pathways, aisles and/or walkways to see if there were or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable and dangerous nature of the premises, floors, hallways, pathways, and/or walkways to such invitees, licensees and/or others legally on premises; -7- d. Failure to barricade and/or block-off the defective and/or dangerous are4 of the premises floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exercise due reasonable care under the circumstances in view of the foreseeable accidents and/or injuries that could occur as a result of the conditions on premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, and regulations pertaining to the design, construction, and maintenancd of the aforementioned premises; g. Failing to exercise the proper care, custody and control over the premises; h. Failure to inspect, maintain and/or repair known and/or unknown defects; and, i. Failing to prevent and/or remove a dangerous condition derived, origi or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 21. As a direct result of the negligent, careless and/or reckless conduct of the plaintiff suffered various serious and permanent personal injuries, serious impairment function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: left rotator cuff tear, requiring surgery, and any other ills, injuries, ?11 -8- to plaintiffs great loss and detriment. 22. As a result of these injuries, all of which are to plaintiffs great financial and loss, plaintiff has in the past, is presently and may in the future suffer great pain, sickness and agony and will continue to suffer for an indefinite time. 23. As an additional result of the carelessness, negligence and/or recklessness defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 24. As a further result of the injuries sustained, the plaintiff has, is presently, and in the future undergo a great loss of earnings and/or earning capacity, all to the further loss detriment of the plaintiff. 25. Furthermore, in addition to all the injuries and losses suffered, the plaintiff of incurred or will incur medical, rehabilitative and other related expenses in the amount equal to and/or in excess of any applicable health insurance coverage for which plaintiff has not reimbursed and upon which the plaintiff makes a claim for payment in the present action. WHEREFORE, plaintiff demands judgment in plaintiff s favor and against defendant an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. COUNT III Robert Kennard v. Carrabba's Italian Grill Inc. Personal Injury 26. Plaintiff incorporates herein the allegations set forth in the previous inclusive, as if set forth here at length. 27. The negligence, carelessness and/or recklessness of defendant consisted of -9- following: a. Failure to design, construct, maintain, and/or repair the premises, hallways, pathways, aisles and/or walkways over which invitees, and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, hallways, pathways, aisles and/or walkways to see if there were or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable and dangerous nature of the premises, floors, hallways, pathways, and/or walkways to such invitees, licensees and/or others legally on premises; d. Failure to barricade and/or block-off the defective and/or dangerous area of the premises floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exercise due reasonable care under the circumstances in view of the foreseeable accidents and/or injuries that could occur as a result of the conditions on premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, and regulations pertaining to the design, construction, and maintenance the aforementioned premises; g. Failing to exercise the proper care, custody and control over the -10- premises; h. Failure to inspect, maintain and/or repair known and/or unknown and, i. Failing to prevent and/or remove a dangerous condition derived, origi or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 28. As a direct result of the negligent, careless and/or reckless conduct of the plaintiff suffered various serious and permanent personal injuries, serious impairment of be function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditic including, but not limited to: left rotator cuff tear, requiring surgery, and any other ills, injuries, to plaintiffs great loss and detriment. 29. As a result of these injuries, all of which are to plaintiffs great financial and loss, plaintiff has in the past, is presently and may in the future suffer great pain, sickness and agony and will continue to suffer for an indefinite time. 30. As an additional result of the carelessness, negligence and/or recklessness defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 31. As a further result of the injuries sustained, the plaintiff has, is presently, and in the future undergo a great loss of earnings and/or earning capacity, all to the further loss detriment of the plaintiff. 32. Furthermore, in addition to all the injuries and losses suffered, the plaintiff incurred or will incur medical, rehabilitative and other related expenses in the amount equal and/or in excess of any applicable health insurance coverage for which plaintiff has not reimbursed and upon which the plaintiff makes a claim for payment in the present action. -11- WHEREFORE, plaintiff demands judgment in plaintiff's favor and against defendank in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. COUNT IV Robert Kennard v. Carrabba's/Mid-Atlantic-I, Limited Partnership Personal Injury 33. Plaintiff incorporates herein the allegations set forth in the previous inclusive, as if set forth here at length. 34. The negligence, carelessness and/or recklessness of defendant consisted of following: a. Failure to design, construct, maintain, and/or repair the premises, hallways, pathways, aisles and/or walkways over which invitees, li and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, hallways, pathways, aisles and/or walkways to see if there were or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable and dangerous nature of the premises, floors, hallways, pathways, and/or walkways to such invitees, licensees and/or others legally on premises; d. Failure to barricade and/or block-off the defective and/or dangerous area the premises floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exercise due reasonable care under the circumstances in view of the foreseeable -12- accidents and/or injuries that could occur as a result of the conditions on premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, and regulations pertaining to the design, construction, and maintenance of the aforementioned premises; g. Failing to exercise the proper care, custody and control over the premises; h. Failure to inspect, maintain and/or repair known and/or unknown and, Failing to prevent and/or remove a dangerous condition derived, or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 35. As a direct result of the negligent, careless and/or reckless conduct of the plaintiff suffered various serious and permanent personal injuries, serious impairment of be function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditic including, but not limited to: left rotator cuff tear, requiring surgery, and any other ills, injuries, to plaintiffs great loss and detriment. 36. As a result of these injuries, all of which are to plaintiffs great financial and loss, plaintiff has in the past, is presently and may in the future suffer great pain, sickness and agony and will continue to suffer for an indefinite time. 37. As an additional result of the carelessness, negligence and/or recklessness defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 38. As a further result of the injuries sustained, the plaintiff has, is presently, and -13- in the future undergo a great loss of earnings and/or earning capacity, all to the further loss detriment of the plaintiff. 39. Furthermore, in addition to all the injuries and losses suffered, the plaintiff incurred or will incur medical, rehabilitative and other related expenses in the amount equal to and/or in excess of any applicable health insurance coverage for which plaintiff has not reimbursed and upon which the plaintiff makes a claim for payment in the present action. WHEREFORE, plaintiff demands judgment in plaintiff's favor and against defendan? in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. SPEAR, GREENFIELD & RICHMAN, P.C. /s/ Ma Greenfield ? MARC F. GREENFIELD, ESQUIRE INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, SUPPLEMENT) REQUESTS AND REQUEST FOR ADMISSIONS ARE ATTACHED TO AND SERVED WITH THIS COMPLAINT. Cgh -14- VERIFICATION The undersigned, plaintiff in this action, verifies that the within pleading is based information furnished to counsel, which has been gathered by counsel in the preparation of lawsuit. The language of the attached pleading is that of counsel and not of signor. Signor veri that the within pleading, as prepared by counsel, is true and correct to the best of signor's knowlei information and belief. To the extent that the contents of the within pleading are that of cour signor has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. k BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike ^N Mechanicsburg, PA 17050 W CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants Carrab Italian Grill, Carrabba's Italian LLC., Carrabba's Italian Grill, Ii and Carrabba's/Mid-Atlantic-I, Plaintiff(s) COURT OF COMMON PLEAS DELAWARE COUNTY NO. 12-00072 -? C-- N c? Defendant(s) DEFENDANTS CARRABBA'S ITALIAN GRILL, CARRABBA'S ITALIAN GRILL, LL CARRABBA'S ITALIAN GRILL, INC., AND CARRABBA'S/MID-ATLANTIC-I, L.P. ANSWER AND NEW MATTER 1. Denied. After reasonable investigation, Answering Defendant does possess sufficient information to admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 2. Denied as stated. Defendant, "Carrabba's Italian Grill, is a trade for a restaurant located at 5250 Carlisle Pike, Mechanicsburg, Pennsylvania. 3. Denied as a conclusion of law for which no response is required. 's ., ~ a 4. Denied as stated. 5. Denied as a conclusion of law for which no response is required. 6. Denied. Defendant Carrabba's Italian Grill, Inc., is no longer operating entity. 7. Denied as a conclusion of law for which no response is required. 8. Denied as stated. 9. Denied as a conclusion of law for which no response is required. 10. Denied as a conclusion of law for which no response is required. 11. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendant is without sufficient information to admit or deny the contained within said paragraph. Strict proof is otherwise demanded at the time trial. COUNT I 12. Answering Defendants incorporate by reference its responses paragraphs 1 through 11 as though fully set forth at length herein. 13. (a-k) Denied as a conclusion of law for which no response is To the extent the allegations contained within this paragraph are deemed other conclusions of law, it is denied that Answering Defendants acted in a of careless and/or reckless manner. On the contrary, Answering Defendants acted ir? a reasonably prudent manner, and with all due care, under the circumstances. 14. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable .., -2- Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 15. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other th conclusions of law, said allegations are denied because after reasonable investigate n, Answering Defendants cannot admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 16. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other th conclusions of law, said allegations are denied because after reasonable investigate r Answering Defendants cannot admit or deny the allegations contained within s paragraph. Strict proof is otherwise demanded at the time of trial. 17. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigi Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 18. Denied as a conclusion of law for which no response is required. To extent 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 s 'd paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill demands judgment in favor and against the Plaintiff, Robert Kennard, along with costs of said action. -3- COUNT H 19. Answering Defendants incorporate by reference its responses paragraphs 1 through 18 as though fully set forth at length herein. 20. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other th conclusions of law, it is denied that Answering Defendants acted in a negligent, careless and/or reckless manner. On the contrary, Answering Defendants acted ' a reasonably prudent manner, and with all due care, under the circumstances. 21. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other thin 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 extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 23. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investig? Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 24. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other -4- conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 25. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigi Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill, LLC, demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. COUNT III 26. Answering Defendants incorporate by reference its responses paragraphs 1 through 25 as though fully set forth at length herein. 27. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other th conclusions of law, it is denied that Answering Defendants acted in a negligent, careless and/or reckless manner. On the contrary, Answering Defendants acted i a reasonably prudent manner, and with all due care, under the circumstances. 28. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other th conclusions of law, said allegations are denied because after reasonable investigate r Answering Defendants cannot admit or deny the allegations contained within s paragraph. Strict proof is otherwise demanded at the time of trial. 29. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other -5- conclusions of law, said allegations are denied because after reasonable investigatiol Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 30. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investig, Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 31. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other th 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. 32. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill, Inc., demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. COUNT IV 33. Answering Defendants incorporate by reference its responses paragraphs 1 through 32 as though fully set forth at length herein. 34. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other in to -6- conclusions of law, it is denied that Answering Defendants acted in a careless and/or reckless manner. On the contrary, Answering Defendants acted inl a reasonably prudent manner, and with all due care, under the circumstances. 35. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investig. Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 36. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other th conclusions of law, said allegations are denied because after reasonable investigate n, Answering Defendants cannot admit or deny the allegations contained within s 'd paragraph. Strict proof is otherwise demanded at the time of trial. 37. Denied as a conclusion of law for which no response is required. To extent 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 s 'd paragraph. Strict proof is otherwise demanded at the time of trial. 38. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investiga Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 39. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other -7- conclusions of law, said allegations are denied because after reasonable investigation, Answering Defendants cannot admit or deny the allegations contained within s, paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's/Mid-Atlantic-I L.P. demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. NEW MATTER 40. Plaintiff fails to state a cause of action upon which relief can be grantec 41. Plaintiffs' cause of action is barred by the applicable Statute Limitations. 42. Plaintiff's claim is barred by the Doctrine of Assumption of Risk. 43. Plaintiff's claim is barred and/or limited by the Pennsylva Comparative Negligence Act, 42 Pa. C. S.A. §7102 et sec.. 44. Plaintiffs injuries were caused in whole or in part by individuals and entities which the Answering Defendants has no control over, and/or right to contrc 45. Plaintiff's injuries were not caused by the incident described within Plaintiff's Complaint. 46. Answering Defendants owed no legal duty to the Plaintiff. 47. Plaintiff was a trespasser at the time of the incident. 48. Answering Defendant had no actual and/or constructive notice of alleged dangerous condition. 49. Answering Defendants were not responsible for the maintenance and repairs and construction of the Common Areas of the shopping center descril within the Plaintiff's Complaint. 50. There was no dangerous and/or defective condition located at property in question. -8- 51. The Defendant Carrabba's Italian Grill did not lease or own the in question. 52. To the extent there was a dangerous and/or defective condition on Defendant's premises, said condition was open and obvious. 53. To the extent there was a condition upon the Answering Defendan premises, the alleged defect was de minimis in nature. 54. The area where the Plaintiff allegedly fell was not within the or control of the Answering Defendants. 55. "Carrabba's Italian Grill" is a trade name utilized by the other Defendants. 56. Venue is not proper for this action. WHEREFORE, Carrabba's Italian Grill, Carrabba's Italian Grill, LL C., Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. demand judgment their favor and against the Plaintiff, Robert Kennard, along with costs of this action. BRIGGS LANDFFICE, LLC Dated: February 20, 2012 NO AN W. BRIGGS, ESQUIRE Attorney for Defendants Carrabba's Grill, Carrabba's Italian Grill, Carrabba's Italian Grill, Inc., Carrabba's/Mid-Atlantic-I, L.P. -9- VERIFICATION NORMAN W. BRIGGS hereby states that he is the attorney for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. in this action, that he is acquainted with the facts set forth in the foregoing pleading that the same are true and correct to the best of his information, knowledge and belief and that this statement is made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. ORMAN W. BRIGGS Dated: February 14, 2012 d SHERIFFS DEPARTMENT DELAWARE COUNTY • 201 WEST FRONT STREET, MEDIA, PENNSYLVANIA 19063 (610) 891-4296 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must file one PROCESS RECEIPT, and AFFIDAVIT OF RETURN instruction sheet for each defendant. Plow type. , _ Do Not detach any copies. 1 PLAINTIFF/S/ tt 2 COURT N IgER 3. DEFENDANT/S/ n ?A Q f Z???N 4 TYPE O"RIT w COMPLAINT pFINDIVIIDDUAL,COMPPrY.CO PORATIOI,ETC.,TOSERVICE SERVE ( S. NAME 6. ADDRESS (Street or RFD, Apartment No., City, Boro. Twp., State and ZIP Code) AT ks! 5b rig ri IsJC 8KC dc t4vantcr(.sr PA )70j -- - 7. INDICATE UNUSUAL SERVICE: ? REG MAIL ? DEPUTIZE ? POST ? OTHER Now, 20 SHERIFF OF DELAWARE COUNTY, PA., d eX00 i e Ae *&-Wf County to execute this Writ an h of according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF DELAWARE COUNTY a SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERV Invoice No. .J Amount Pd .r Docket k Deputy Sheriff Page NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prope ty un' d? within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wit out liability on the art of such deputy or the sheriff to an plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. PRINT/TYPE NAME AND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER 11. DA E 236 j 12 . s ATU E - - - P41/4. Q4 mlog- SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT W I TE BELOW THIS LINE 13 1 acknowledge rece pt of the writ 1 SIGNATURE of Authorized DCSD Deputy or Clerk and Trtl i or complaint as indicated above t 14, Date F 15 baton/ ar Ingda -A r /? TO BE COMPLETED BY SHERIFF " 16. Served and made known to Defendant(s) on the __ day of , 20 at _ ----o'clock, M., at _ Street, County! of Delaware, Commonwealth of Pennsylvania, in the manner described below: ? Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant's residence. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ?0 bated ` SEE ATTACHED On the day of _ 20 _ at . o'clock, M. Defendant not found because: ? Moved ? Unknown ? No Answer ? Vacant ? Other REMARKS: RETURNED: SO ANSWER. 17 AFFIRMED and subscribed to before me this 19. S??yynature of 19. Date 20. day of 20 Dep. Sheriff 21. Signature of Sheriff 22 Dee 23 Notary Public J H . MCG , HERIFF OF DELAWARE COUN TY MY COMMISSION EXPIRES 24.1 ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE ved OF AUTHORIZED ISSUING AUTHORITY AND TITLE. DCSO-1-19M ?d c FEB 2 9 1 ISSUING AUTHORITY SHERIFFS DEPARTMENT ' DELAWARE COUNTY r 201 WEST FRONT STREET, MEDIA, PENNSYLVANIA 19063 (610) 891-4296 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You PROCESS RECEIPT, and AFFIDAVIT OF RETURN instruction sheet for each defendant, Please type. Do Not detach any copes. _ 1 PLAINTIFF/S/ 2 COURT NUMBER '00, 3. DEFENDANT/S/ 4 TYPE OF,?Ifii OR COMPLAINT SERVE 5. NAME NDIVIDUA , COMPA Y, CORPORATION, ET Q., TO ERVICE V 17W14 6. ADDRESS (Street or RFD. Apartment N ., City. Boro T p , State and ZIP Code) AT ?o? G f)A 6yll rj? /%? Pc wnl rf ?t% Ifa1 0,5 7. INDICATE USUAL SE VICE: ? R G. AIL O DEPUTIZE ? POT O OTHER Now, 20 1 SHERIFF OF DELAWARE COUNTY, PA., h eby deputize the Sheriff of ..,.?? County to execute this Writ as If retrtl/fTjtheo accor ng to law. This deputation being made at the request and risk of the plaintiff. X I file one a SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING S VI Deputy Sheriff Invoice No. Amount Pd Docket M Page ; ` NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any proper ty nder within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out 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 sheriff's sale thereof. 9. RINT/T?E NAME ?,g)kDOR?ESS OF ATTORNEY/ORIGINATOR ?- 10. TEL PHONE NUMBER 7151 5, ? 11. AT 5 y Z r? ?' sfil lf?l tc s 0 G 1 0 1 a . ` J 12. StGNATURE SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW T IS LINE 13. 1 acknowledge receipt of the writ t SIGNATURE of Authorized DCSD Deputy or Clerk an it 14 Date Fi tl 15 Expirptin/ aringd e or complaint as indicated above ( V TO BE COMPLETED BY SHERIFF 16. Served and made known to Defendant(s) on the day of 20 , at -------o'clock, !-M., at Street, County pf Delaware, Commonwealth of Pennsylvania, in the manner described below: ? Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant's residence. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. Posted _ 9, 1 Other SEE ATTACHED On the day of 20 at o'clock, M. Defendant not found because: O Moved ? Unknown ? No Answer ? Vacant ? Other REMARKS: RETURNED: 17 AFFIRMED and subscribed to before me this SO ANSWER. 20 day of 20 _ 16 Sgnature of Dep. Sheriff 19 Date 21. Signature of Sheri 22. Date 23 _ Notary Public P F. M SHERIFF OF DELAWARE COUNT MY COMMISSION EXPIRES A.e" 24. I ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 25 Da a ecened DGSD-1-19a9 FEB 2 g 2012 1• ISSUING AUTHORITY i SHERIFF'S DEPARTMENT DELAWARE COUNTY 201, WEST FRONT STREET, MEDIA, PENNSYLVANIA 19063 (610) 891-4296 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must fife Dine PROCESS RECEIPT, and AFFIDAVIT OF RETURN instruction sheet for each defendant, Please type. _ Do Not detach any copies. 1. PLAINTIFF/S/ j -COURT NUMBER 3. DEFENDANT/S/ ?;6 ?a , ? ? /?/? ? ?/?,??/ f ??,?,y 4 TYPE Of T O`Rt7` MPLAINT Q/Toc SERVE 5. N F INDIV U/ L, COa pP TIO , ETA. SERV E - o(. oc 6. ADDRE IjLreet r FD, Apartment No.. ity.y T? P., state and IP Code) --- 7. INDICATE UN UAL SERVICE O REG MAIL 0 DEPUTIZE O POST O OTHER Now, SHERIFF OF DELAWARE COUNTY, PA., d ere of t.?4 r?C'L County to execute this Writ an re hereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF DELAWARE COUNTY A SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVI Deputy Sheriff Invoice No. Amount Pd- Docket if Page ? NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any prope un r within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with ut 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 sheriff's sale thereof. 9. PRINT/TYPE NAME AND AR OF ATTORNEY/ORIGINATOR 14. TELEPHONE NUMBER 11. D9T 1?'7 -- /? -? 12. SIGNATURE P ,r?9 SPICE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE B L THIS E 13. 1 acknowledge receipt of the writ ! SIGNATURE or Authorized DCSD Deputy or Clerk and It 14 Date Filed 15 E trati n/He ngdate or complaint as indicated above - / 4 Al - -? - TO TO BE COMPLETED BY SHERIFF 16. Served and made known to gefendant(s) on the _ day of 20 at --o'clock, _ M. at - , Street, County ¢f Delaware Commonwealth of Pennsylvania, in the manner described below: , O Defendant(s) personally served. O Adult family member with whom said Defendant(s) reside(s). Relationship is O Adult in charge of Defendant's residence. - ---- O Manager/Clerk of place of lodging in which Defendant(s) reside(s). O Agent or person in charge of Defendant's office or usual place of business. O Posted On the day of _ 20 , at _ Defendant not found because: o'clock, j M. O Moved O Unknown O No Answer O Vacant O Other REMARKS: RETURNED: 17. AFFIRMED and subscribed to before me this _ SO ANSWER. - 20. day of 20 Is. Sp nature of Dep. Sheriff - 21 Si n t f S F- 23. _ . g a ure o harifl Date Notary Public MY COMMISSION EXPIRES J EP F. MCGINN, SHERIFF OF DELAWARE COUNT 24. 1 ACKNOWLE GE RECEIPT OF THE SHERIFFS RETURN SIGNATURE OF AUTHO ED ISSUING AUTHORITY AND TITLE. Date R ewes --? ll..-? FEB 2 9 2011 ?a0 1• ISSUING AUTHORITY SHERIFF'S DEPARTMENT r DELAWARE COUNTY 201" WEST FRONT STREET, MEDIA, PENNSYLVANIA 19063 (610) 891-4296 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must file one PROCESS RECEIPT, and AFFIDAVIT OF RETURN instruction sheet for each defendant. Pleere type. Do Not detach any copies. 1 PLAINTIFF/S/ 2 COURT NUMBER nmo 3. DEFENDANT/S/ 4 TYPE WRIT OR COMPLAINT _ ??? SEE 5. NAME F INDIVIDUAL, COMP?yY. CORPORATION TC_ TO SERV E - /Yir?,?a s hm girt LL? 6. ADDRESS (Street or RFD. Apart myn_t No. O y. Boro, T,. State and ZIP Code) - 0 CZ? AT S f?[JK: C LC r?lc s ?4?? - P14 t 70 ? Cam} ? 7. INDICATE USUAL SERVICE. ? RE MAIL O DEPUTIZE ? POST O OTHER Now, SHERIFF OF DELAWARE COUNTY,-PA., her by de iz the §heriff of ---- County to execute this Writ an ak r e;'of8r to law. This deputation being made at the request and risk of the plaintiff. - SH RIFF OF DELAWARE COUNTY fL SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING I 1 Deputy Sheriff Invoice No. Amount Pd Docket N IP Page ? NOT 1 LY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching anv proper y u er 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 sheriff's sale thereof. 9. PRINT/TYPE NAME ND ADDRESS OF ATTORNEY/ORIGINATOR 10. TELEPHONE NUMBER 11. DAT Bch c/d psi, ?!5 9th' ??io2y 12. SI ATU?RE - -- SPACE BELOW FOR USE OF SHERIFF ONLY - 00 NOT WRI TE BELOW T E 13 1 acknowledge receipt of the writ SIGNATURE of Authorized DCSD Deputy or Clerk and tl or complaint as indicated above ( JJyp 14 Dat F d jj? Z 4 n/ rmgdate - TO BE COMPLETED BY SHERIFF 7 : 16. Served and made known to defendant(s) on the day of 20 at o'clock, _ M., at _ Street, County 4f Delaware, Commonwealth of Pennsylvania, in the manner described below: ? Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant's residence. -- - ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. osted ther w r r ATTA LL•? t On the day of _ 20 , at Defendant not found because: o'clock, M. ? Moved ? Unknown ? No Answer ? Vacant ? Other - REMARKS: -~ RETURNED: 17 AFFIRMED and subscribed to before me this _ $O ANSWER. 20, day of 20 19. S?1pnature of Dep. Sheriff - 19 D f. 21. Sgnsture of Sheriff e 22. Date 23 Notary Pub lic MY COMMISSION EXPIRES I JOSE CGIN IFF DELAWARE COUNT fX1e- 24. I ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN E M OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 25 Dale Rem-ed I w [ y LUIL I. ISSUING AUTHORITY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart ?i Solicitor Robert Kennard vs. Case Numbe Carrabba's/ Mid-Atlantic-1, Limited Partnership (et al.) 2012-72 SHERIFF'S RETURN OF SERVICE 01/13/2012 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Janu ry 13, 2012 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the ?!vithin na ed defendant, to wit: Carrabba's/Mld-Atlantic-I, Limited Partnership, by making known unto Brian Johnso , + Manager for Carrabba's/ Mid-Atlantic-I, Limited Partnership at 5250 Carlisle Pike, Mechanicsburg, i? 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, DEP 01/13/2012 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Janua 13, 2012 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the within narr defendant, to wit: Carrabba's Italian Grill, LLC, by making known unto Brian Johnson, Manager for Carrabba's Italian Grill, LLC at 5250 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of th, same. RYAN BURGETT, D ) 01/13/2012 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Janua 13, 2012 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the within narr defendant, to wit: Carrabba's Italian Grill, Inc., by making known unto Brian Johnson, Manager for Carrabba's Italian Grill, Inc. at 5250 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time I sanding to him peg sonaiiy the said true and correct copy of thi same. RYAN BURGETT, D 01/13/2012 08:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on Januai 13, 2012 at 2052 hours, he served a true copy of the within Complaint and Notice, upon the within narr defendant, to wit: Carrabba's Italian Grill, by making known unto Brian Johnson, Manager for Carrabba Italian Grill at 5250 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its content and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPUTY (o) C ountysuite Shenff, Teleasoft. Inc. SHERIFF COST: $51.94 SO AN S, I January 17, 2012 R R ANDERSON, SHERIFF! NOTARIAL SEAL LCCadiolf) ODY SMITH, NOTARY pUSU Bo% Cumberland Coullty DIY mlS8lon EXpIrSS /IN 4, _ .1 Affirmed and subscribed to before me this NOTARY c day of "pai' l l C CCwitySui^e Sheri. Teie;oa?ti. In.: IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA ?JI COVER SHEET - NOTICE OF FILING OF MOTION OR PETITION UNDER LOCAL RULES OF CIVIL PROCEDURE CASE CAPTION: Robert Kennard CIVIL CASE NO. 12-000072 V. Carrabba's Italian Grill, Carrabba's Italian Grill, LLC NATURE OF MATTER FILED: (please check one) Petition Pursuant to Rule 206.1 Response to Petition Motion for Judgment on the Pleadings Pursuant to Rule 1 34(a) RIMotion Pursuant to Rule 208.1 FIResponse to Motion ?Summary Judgment Pursuant to Rule 1035.2 ?Family Law Petition/Motion Pursuant to Rule 206.8 FILING PARTY IS RESPONSIBLE FOR SERVICE OF THE RULE RETURN LE DATE OR HEARING DATE UPON ALL PARI;JES Zequires ion or petition was filed in the above captioned matter on the day f March 2012 which: you, Respondent, to file an Answer within twenty (20) days of the above date to this notice, or risk ped by the Office o the entry of an Order in favor of the Petitioner. Answers must be filed and t* Fe Ms Judicial Support by 4:30 PM on the following date April (?Q20112FIRequires all parties, to appear at a hearing/conference on the day of , at in Courtroom , Delaware County Courthouse, Media, Pennsylvania. At this hearing/conf en you must be prepared to present all testimony and/or argument, and must ensure that your witnesses will be present. F]Was timely answered, thus requiring the scheduling of the following hearing in the above captioned a on: at 10:00 AM in Courtroom At this hearing, all parties must be prepared to present all testimony and/or argument and must ensure t al their witnesses will be present. Qualifies as an Uncontested Motion or Petition, and as such requires neither an answer from the Res or nor the scheduling of a hearing in this matter. ZHas been assigned to Judge Judge Fizzano Cannon, to whom a co of the Motion has contem ora ec submitted. FOR OFFICE USE ONLY Mailing date: Processed by: BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, Plaintiff(s) vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Defendant(s) ?tt rney for Defendants Carrab Italian Grill, Carrabba's Italian LLC., Carrabba's Italian Grill, Ii and Carrabba's/Mid-Atlantic-I, COURT OF COMMON PLEAS DELAWARE COUNTY NO. 12-00072 C DEFENDANTS' PETITION FOR TRANSFER OF VENUE NOW COMES Defendant Carrabba's Italian Grill, LLC (hereinafter "Carrabba'si , by and through its attorneys, Briggs Law Office, LLC, hereby requests this F Court to grant this Motion to Transfer Venue. In support of its Motion Venue, Defendants aver the following: 1. Plaintiff filed suit against Defendant Carrabba's, as a result of a slip-an4- fall accident occurring on September 7, 2010, at a Carrabba's located at 5250 Car Pike, Mechanicsburg, Cumberland County, Pennsylvania. (See Plaintiff's Corn 's ., P. paragraph 4, attached hereto as Exhibit "A). 2. The Plaintiff listed the Mechanicsburg Carrabba's in its caption, but filed t'Iis matter in Delaware County. (Exhibit "A"). 3. As set forth in the Complaint, Plaintiff is a resident of Newark, Delaware. (Exhibit "A") 4. Defendant Carrabba's is a Florida corporation with a principal place of business located at 2202 Northwest Shore Boulevard, Suite 500, Tampa, Flori 33607 and operates a restaurant located at 5250 Carlisle Pike, Mechanicsbu. Cumberland County, Pennsylvania. (See Defendant's Answer attached hereto Exhibit -B-). 5. Rule 1006(d) (1) of the Pennsylvania Rules of Civil Procedure provide follows: For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought. 6. Pennsylvania courts routinely grant motions for transfer on the grout of forum non conveniens where the moving party has established that the plaintiff chosen forum is oppressive or vexatious by a showing that trial in another coun would provide easier access to witnesses or other sources of proof, or to the ability view the site of the accident involved in the dispute. Scola v. AC&S. Inc., 657 A.'4 1234 (Pa. 1995); Cheeseman v. Lethal Exterminator Inc., 701 A.2d 156 (Pa. 1997). 7. Plaintiff, Robert Kennard, alleges that he was injured when he w. caused to slip and fall on an alleged dangerous condition while walking on Defendant premises in Mechanicsburg. Pennsylvania. (Exhibit "A.") 8. There are no eyewitnesses to this accident, but fact witnesses mE include the proprietor, Brian Johnson, and various Outback employees all of who] live in, or in close proximity to, and still work in Cumberland County. -2- 9. Although Plaintiff has not produced his medical records, it can be assumed that all medical providers are located outside Delaware County. 10. Finally, if an inspection of the accident site is required, it is located Cumberland County, Pennsylvania. 11. The only nexus between this action and Delaware County is Defendant, Carrabba's has other locations in Delaware County (Springfield Chadds Ford, PA). 12. Clearly, trial in Delaware County would be extremely inconvenient to defendants and, most important, to all witnesses and medical providers who will required to travel from either Cumberland County or Delaware, to Delaware County. 13. Litigating and trying this case in Delaware County would also personal costs to each of the defendants and the witnesses as they would incur expense to travel to Delaware County during the course of these proceedings. 14. Applying Rule 1006(d)(1) to the facts of this case dictates that this ma be transferred to Cumberland County for the convenience of the parties witnesses. 15. Plaintiff had no other reason to bring this suit in Delaware County oth?r than forum shopping. 16. This accident occurred in Cumberland County; therefore, County is the proper venue for the above litigation. -3- WHEREFORE, Defendant Carrabba's, respectfully requests that this Court grant its Motion to Transfer Venue to Cumberland County. BRIGGS Dated: March 20, 2012 Attu for Defendants Carrabba's Grill, Carrabba's Italian Grill, Carrabba's Italian Grill, Inc., Carrabba's/Mid-Atlantic-I, L.P. -4- EXHIBIT A •1' :2 r , Supreme County The information collected on thts jbrm A used solely for cowl admunsowdon purposes. I strpplemerrt or replace the Ahe and service oirpleadbw or other papers as required by law s? I fem, l Cj Caaamencameat of Acdow. ® taint D Writ of Sammons 13 PeEition ro Q Transfer from Another Jurisdiction (3 Declaration of Taking Lead PWotilf's Nacre: Lad I)e1b art's Name: ROBERT KENNARD CARRA13UNS ITALIAN GRILL Are money damages regocsted? ® Yes © No D*IW Amount IZv*wded: ON* Oft) ©within arbitration lin4b ®outside arbitration ' its h this it Class Achim Ste? J3 Yes ® No b this an AMJAppeal? Q Yes IN N Name of Pl *dwAppelbmtt's Aumney: MARC F GREENFIELD, ESQ © Check here If you have no attorney (tores Self Represented (Pro Se.) Litigant) NAturA tbp?e Case: Place an'%" to the left of the M case category that most amva iy describes your PRI1MMASS. If you are makh gmom dw n one type of dolts; check flee one that you coaddek most important. DRT (do a" 1wfv tr Mats Tort) Q Intentional QMaickmPtosewition 13 Motor vehicle Nuisance Premises Liability Product LiaMity (does not iacirrde mass taro Q 3lsndaa/ ibev Defamation 13 Other: CONTRACT (do aw ft** Jirdgrrwwo a Buyer Plaintiff © Debt Collecdoa: Creft Card © Debt Collection: Other © Employment Dispute: Discriminatim Q Employment Dispute: Other MASS TORT fl Asbestos Toic Tort -DES Toxic Tort - Implant d Toxic Waste 13 Odw. PRORICSSIONALLUBLITY Q Dental © Legal Q Medical Q Other Prof onar © Other. RRAL PROPERTY 13 Egactment aminatt DomainlGottdernnation awwd peat t,andloF& LIMA Abputc [j h6wtgageForectosure: R WanRi d © Mortgage Foreclosure: ComtnumW M Partition © Quiet Title rl Other. Administrative Age asks (3 Board of Assessment Q Board ofEl wdm Dept of Transportation Statutory Appeal: Other © Zoning Board ® Otbet: hUSCELLANSOUS © Comm n L1wdStaoftry Q? Mynmt Non-Aouws& R*Aom Restrainiag Order nrsnto D E3 Other: .f NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover sheet) provides, in part: Role 245.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules ofcivil procedure except the following: (h) actions pursuant to the Protection from Abuse Act, Rules 1901 at seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulmcrrt of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including patornity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 at seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothontotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover shred. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.nacotWMus. SPEAR, GREENFIELD & IRICHIWAN, P.C. BY: MARC F. GREENFIELD, ESQUIRE T.D. NO.: 62081 230 S. Broad Strtet, Suite 1800. Philadelphia, PA 19102 (215) 985-2424 ROBERT KENNARD 2426 Sunset Lake Road Newark, DE 19702 V. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL LLC 5250 Carlisle Pike Mechanicsburg, PA 17050 MAJOR JURY Attorney for plaintiff COURT OF COMMON PLEAS COUNTY OF DELAWARE CIVIL TRIAL DIVISION CONTINUED COMPLAINT IN PERSONAL INJURY 25 PREA+IISES A You have bees sand In cmm Itym wbh to dcicnd spinat die cLutns ant firth in dte oftwft pales, yen meat teloe anion wOm twenty 00) days shot thin compkmt sad notice we sww4 by easerin= s written appeerm- passan dly w by setoreq end fdbg is writing vft do eomt yaw defumm er objects to the claims sd fbrtb aping you. You arc warmd flat ityou till to do so ft tmse airy proceed without yet end a jadp uft mty be COMM against yae by ft COW wit mt f dw sotios for say mosey claimed in the oaaplaim or far ray older claim or relief mim Ned by the phiatiff. You nosy bm nmM ar property ar odder rights imporum to yau. YOU SHOULD TAKE THIS PAPFsIi TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OK TELEPHONE THE OItPIGE SE FORTH BLOAW. THIS OFFICE CAN PROVIDE YOU WMI INIFORMATM ABOUT HIRINO A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFM MAY BE ABLE TO MOMS YOU WLTI1 D IFORMATM ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO BLIGNME PERSONS AT A REDUCED FEE OR NO PEE DELAWARE CouNPY BAR ASSOCIATION Trott and Lcmm Stfeets, PA Beet 466 MediS PA 19063 (610) 566-6625 Le ham dautmdedo a usled on Is cone. Si usted quip!; deftudesse do am dmamis ezpom a as Impipaa s*Amrtes, uated dmvdogc (M dms, de plrao d par* 40 kftl a da k dmm"y k namia+ti6a.11aoa l" madaruaa oaeaparemb esmita 0 an persona o am m sbopdo y arsropr a )a same so fi ma asat4 so ddmus o ass d*Wom a In dmmtdta et contra de su pa sm Sea atdsedo que si usted no as da(iande, Is cowl, Olari atedWas y Wade eastansar k down ten contra soya sin pravio eviso o a DWIacion. Admen. Is aorta puede de ift a fAW dd dmwAm ft y mw me ate 1Yad QUWA coo toga in p midoaee de pas dmna WL Urad puWe panda dkm o sm propiededaa a mms damdws mporta W pedt usaed. L1 s! Y6 ESTA DEMANDA A UN AEOGADO It`UWIATAMEM13. SINOTHM ABOGADOO 91 NO TMMOL D1NERO S WWM DE PAfiAR TAL SERVKM, VAYA EN P RSOtdA OUANE POR TBf.I PONO A LA OFICINA CUYA D1RSOCItH $2 HNCUTAN1IIA BSCRtrA ABAIO PARA AVALIOUARDONDB SEPUEDE COMBOUIR ASMENCIA LEGAL: DELAWARE COIINIY BARAssoaATTON Host and Lamm ftem PA Eau 466 Media PA 19063 (610) S664M t . CARRADDA'S ITALIAN GRILL INC. 5250 Carlislt Pike . Mechwdcsbu>.g, PA 17050 CAJ tRAJM9S1MZD-ATLANTIC I, LMUTED PARTNRRSHIP 5250 Carlisle Pike MechoWesbudrg, PA 17050 COMPLAINT IN PERSONAL iNJIIRY 23 P41P4 I IARtr.iTV NOTICB You Ism been sued in Dart If you wish to Mad Now to cum at Ibft In the fbiloo tt pwk you mug ilk F 1 v f*m meaty OO drpr sfla *b eompNo and ootioe am served, by smarm a wtimo appeaorroe pawaAy cr by Mamey mad S M in waiting WO dw MM Vora datW= or obje dew to the cWvm set fbtfh u*W yea. You sm warped that if you t>tiI to do an Me ems posy proceed wkhoat you aed a judlpumt any be anund qOm yon byfite court wihow rb6m notice fa asy money datwed is the cor*Wm or f w my odd daho or roilef rag avad by the vh You stay We money or Propaq or other 6*ts inipOftW to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYM GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WrM RG RMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HM A LAWYER, THIS OFFICE MAY 98 ABLE TO PROVIDE YOU WITH DeORMATIONt AHOUr AGEMM THAT MAY OFFER LGOAL SERVXRS TO MJ=tEPfx SONS AT A REDUCED FOR OR NO FEE DELAWARE COUNTY BAR ASSOCIATION Front and Lernar Stacets, P.O. BM 466 Media, PA 19M (610)566.6625 ADVE90 Le baa dwam %& a rated as la sale. Si vsMd qukm delkederae de spar damaodm eagoomm as in pdoktm aWWaaoes, need tiara "kM (M At; de vim al pordr do la hoM do I& demaada y hl nofitloatien. FAco No meow =a amvwmcia easier o en pawn o Don an sbopdo y an&W a$ come em tame gajp Us deileoor O sw objedaem a err dma mdar Ht ooutta de me persona. Sea avisado qoe st anted no sr aatiende, la mm tOntart) utodidm y paede comd m ht dune& ea onaba txtya sin pa evio avian o notifficsollm Adm k to come puedo dad& a bw dd deaaadum y tagriao qaa aped twtapla con todm 4n ptowisicnes da oft dar omk Useed punk parch Ancro o sm propiadades u 4*= dmcbm mvwtmw pwa upped, IJXVE ESTA DEA{ANDA A UN ABOGADO tlsAOMTAMENM Sl NO TEM ABOGADO O St NO T1ENE BL DINERO SUFIC>gMB DE PAGAR TAI. SERVIOO, VAYA ON PERSONA O LLAME PM TBUIFON0 A LA OFM NA CUYA D 50C ON SE 1 iiRA ESCRrFA ABMO PARA AM MAR t ONDE SH PUEDE CONSIS" ASISTMMA MAL- DELAWARE COUNTY BAR ASSOCIATION Front sod Lmroa Stt ft P.O. Box 466 Meft PA 19043 (610)5664625 -2- C0b+f14A1Nf IN PERSONAL INJURY 25PRUbfM LIABILITY 1. Plaintiff; Robert Kennard, is a citizen and resident of the State at the address listed in the option of this Complaint. 2. Defendant, Carrabba's Italian Grill, is a business entity doing business in the Commonwealth of Pennsylvania with an address listed in the caption of this complaint, and which at all times material hereto was the owner, operator, m aintainor, possessor, lesser, lessee and/or otherwise legally responsible for the care, control and or safety of the premises located at or near 5250 Carlisle Pike, in the Borough of Mechanicsburg and County of Ctanberland, in the Commonwealth of Pennsylvania (hereinafter referred to as "premises"). 3. At all tithes maternal hereto defendant was acting individually, jointly and/or by and thorough defendant's agents, servants, franchisees, workmen and/or employees for the maintenance, repair, care and control of the premises. 4. Defendant, Carrabba's Italian Grill LLC, is a limited liability company doing business in the Commonwealth of Pennsylvania with an address listed in the caption of this complaint, and which at all times material heamtD was the owner, operator, maintainor, possessor, lessor, lessee and/or otherwise legally responsible for the care, control and or safety ofthe premises. 5. At all times material hereto deft was acting individually, jointly and/or by and through defendant's agents, servants, franchisees, workmen and/or employees for the mwntemce, repair, care and control of the poresnises. 6. Defendant, Canabha's Italian Grill Inc., is a corporation doing business in the -3- Commonwealth of Pmmsylvania with an address listed in the caption of this complaint, and at all times material hereto was the owner, opwatar, maiatainor, possessor, lessor, lessee otherwise legally responsible for the care, control and or safety of the premises. 7. At all times material hereto defendant was acting individually, jointly and/or by and . through defendant's agents, servans, franchisees, workmen and/or employees for the maintenance, repair, erne and control of the premises. 8. Defendant, CarraWS M &Atlantic-l, Limited Partnership, is a limited partnership doing business in the Commonwealth of Pennsylvania with an address listed in the caption of this complaint, and which of all times material hereto was the owner, operator, maintainor, possessor, lessor, lessee and/orotherwise legallyresponsible for the care, control and or safety ofthepremises. 9. At all times material hereto defendant was acting individually, jointly and/or by and through defendant's agents, servants, franchisees, workmen and/or employees for the maintenance, repair, cant and control of the premises. 10. On or about September 7, 2014, plaintiffwas an invitee, licearsee and/or otherwise legally on defendant's premises, when the negligence, recklessness and/or carelessness of the defendants caused the plaiartiffto slip and fall on liquid located on the floor of the premises. if. As a result of this accident, the plaintiffsuffered severe and permanent bodily injury as more fully set forth at length below. COUNT I Robert Kennard v. Car rabba's Italian GrM Paz H89Islar? 12. Plaintiff incorporates herein the allegations set forth in the previous paragraphs, inclusive, as if set forth here at length. -4- 13. The negligence, carelessness and/or recklessness of defendant consisted of following; a. Failure to design, constivct, maintain, and/or repair the premises, floors, hallways, pathways, aisles and/or walkways over which invitees, licensees and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, floors, hallways, pathways, aisles and/or walkways to see if there were dangerous or defective conditions to those legally on the premises; C. Failure to provide sugiicientwaaningastothereasonably foresembledefects and dangerous nature of the premises, floors, hallways, pathways, aisles and/or walkways to such invitees, licensees and/or others legally on the premises; CL Failure to barricade and/or block-off the defective and/or dangerous area of the premises floors, hallways, pathways, aisles and/or walkways; C. Failure to reasonably inspect, maintain and/or otherwise exercise due and reasonable care under the ch=unstances in view of the foreseeable dangers, accidents and/or injuries that could occur as a result of the conditions on the premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, ordinances and regulations pertaining to the design, construction, and maintaumce of the aforementioned premises; g. Failing to exercise the proper care, custody and control over the aforesaid premises; -5- h. Failure to inspect, maintain and/or repair known and/or urdmown and, i. Failing to prevent and/ar remove a dangerous condition derived, or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 14. As a direct result of the negligent, careless and/or recldess conduct of defendant, the plaintiff suffered various serious and permanent personal injuries, serious irnpairment of body fumetion and/or permanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: left rotator cuff tear, requiring surgery, and any other ills, injuries, all to plaintiffs great loss and detriment. 15. As a result of these injuries, all of which are to plaintiffs great financial detriment and loss, plaintiff has in the past, is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time. 16. As an additional result of the carelessness, negligence and/or recklessness of defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 17. As a further result of the injuries sustained, the plaintiff has, is presently, and may in the future undergo a great loss of earrings and/or earning capacity, all to the ftuther loss and detriment of the plaintiff. 18. Furthermore, in addition to all the injuries and losses suffered, the plaintiff has incurred or will incur medical, rehabilitative and other related expenses is the amount equal to -6- and/or in excess of any applicable health insurance coverage for which plaintiff has not reimbursed and upon which the plaintiff makes a claim for payment in the present action. WUMFORE, plaintiff demands judgment in plaintiffs favor and against defendant an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. COUNT II Robert Kennard Y. Carrabba':Itsban Grill LLC Personal Injury 19. Plaintiff incorporates herein the allegations set forth in the previous paragra*, inclusive, as if set forth here at length. 20. The negligence, carelessness and/or recklessness of defendant consisted of the following: a. Failure to design, construct, maintain, and/or repair the premises, floors, hallways, pathways, aisles and/or walkways over which invitees, licensees and/or others are likely to travel rendering the premises unsafe, b. Failure to properly monitor, test, inspect or clean the premises, floors, hallways, pathways, aisles and/or walkways to see if there were dangerous or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable defects and dangerous nature of the premises, floors, hallways, pathways, aisles and/or walkways to such invitees, licences and/or others legally on the M ; -7- d. Failure to barricade and/or block-offthe defective and/or dangerous area the pramiscs floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exMiW due reasonable care under the circumstances in view of the foreseeable accidents and/or q-urics that could occur as a result ofthe conditions on prcmises, floors, hallways, pathways, aisles and/or walkways; f. - Failure to comply with all building codes, county and city laws, ordin anccs and regulations pertaining to the design, construction, and nwintenance of the aforementioned premises; g. Failing to exercise the proper care, custody and control over the aforesaid premises; IL Failure to inspect, maintain, and/or repair imown and/or unknown defects; and, i. Failing to prevent and/or remove a dangerous condition derived, originated or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 21. As a direct result of the negligetzt, careless and/or recless conduct of def ndumt, the plaintiff suffered various serious and permanent personal injuries, serious imp urmmt of body function and/or permanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: left rotator, oufftear, requiring surgery, and any other ills, injuries, all -8- to plaintiff's great loss and detriment. 22. As a result of time injuries, all of which are to plaintiff's great financial and loss, plaintiff has in the past, is presently and may in the future suffer great pain, sickness and agony and will continue to suffer for an indefinite time. 23. As an additional result of the carelessness, negligence and/or recklessness defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 24. As a further result of the injuries sustained, the plaintiff has, is presently, and in the future undergo a great loss of earnings and/or earning capacity, all to the further loss and detriment of the plaintiff. 25. Furthermore, in addition t0 all the injuries and losses suffered, the plaintiff has incurred or will incur medical, rehabilitative and other related expenses in the amount equal to and/or in excess of any applicable health insurance coverage for which plaintiff has not been reimbursed and upon which the plaintiff makes a claim for payment in the present action. WHEREFORE, plaintiff demands judgment in plaintiffs favor and against defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars, plus all reasonable attorney's fees, costs and any other relief the court deems necessary. COUNT III Robert Kennard Y. Cwrabba's Italian Grlli Inc. peraonsl INIM 26. Plaintiff incorporates hercna the allegaotions set forth in the previous paragraphs, inclusive, as if set forth here at length. 27. The negligence, carelessness and/or recklessness of defendant consisted of the -9- I . following: a. Failure to design, construct, maintain, and/or repair the premises, hallways, pathways, aisles and/or walkways over which invitees, and/or others are likely to travel rendering the premises unsafe; b. Failure to properly monitor, test, inspect or clean the premises, floors, hallways, pathways, aisles and/or walkways to see if there were dangerous or defective conditions to those legally on the premises; c. Failureto provide sulfiicieatwarning as to ft reasonably foreseeable defects and dangerous nature of the premises, floors, hallways, pathways, aisles and/or walkways to such invitees, licensees and/or others legally on the per; d. Failure to barricade and/or block-off the defective and/or dangerous area of the premises floors, hallways, pathways, aisles and/or walkways; C. Failure to reasonably inspect, maintain and/or otherwise exercise due and reasonable care under the circumstances in view of the foreseeable dangers, accidents and/or injuries that could occur as a result of the conditions on the premises, floors, hallways, pailmys, aisles and/or walkways; f Failure to comply with all building codes, county and city lavers, ordinances and regulations pertaining to the design, construction, and maintenance of the aforementioned premises; g. Failing to exercise the proper care, custody and control over the aforesaid -10- prom.- h. Failure to inspect, maintain and/or repair /mown and/or unknown anCL i. Failing to prevent and/or remove a dangerous condition derived, or had its source the aforesaid promises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 28. As a, direct result of the negligent, careless and/or reckless conduct of defendant, the plaintiff suffered various serious and permanent personal injuries, serious impairment of body function and/or permanent serious disfigurement, and/or aggravation of preexisting conditions, including, but not limited to: left rotator cuff tear, requiring surgery, and any other il ls, injuries, all to plaintiffs groat loss and detriment. 29. As. a result of these injuries, all of which are to plaintiffs great financial detriment and loss, plaintiff has in the past, is presently and may in the firture suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time. 30. As an additional result of the carelessness, negligence and/or recklessness of defendant, plaintiff has suffered emotiomnal injuries along with the physical injuries suffered. 31. As a Author result of the injuries sustained, the plaintiff boa, is presently, and may in the future undergo a great loss of earnings and/or earning capacity, all to the feather loss and detriment of the plaintiff. 32. Furthoimore, in addition to all the injuries and losses suffered, the plaintiff has incurred or will incur medical, rehabilitative and other related expanses in ttte amount equal to and/or in excess of any applicable health insurance coverage for which plaintiff has not been reimbursed and upon which the plaintiff makes a claim for payment in the present action. - Il - WH IMO ' , PisintiffdemAnds judgment in plates favor and against defendant i an amount in excess of Fifty Thousand ($50,000.04) Dollars, plus all reasonable attorney's costs and any other relief the court deems necessary. COUNT IV Robert Kennard Y. Carrabba,s Mjd Adentic-I, Limited partnenhip Persoeat hjua 33. Plaintiff incorporates herein the alleges set forth in the previous paragraphs, inclusive, as if set forth here at length. 34. The negligence, carelessness and/or recklessness of defendant consisted of the following; a. Failure to design, construct, maintain, and/or rrpair. the premises, floors, hallways, pathways, aisles and/or walkways over which invitees, licensees and/or others are likely to travel rendering the premises unsafe, b. , Failure to properly monitor, test, inspect or clean the premises, floors, hallways, pathways, aisles and/or walkways to see if there were dangerous or defective conditions to those legally on the premises; C. Failure to provide sufficient warning as to the reasonably foreseeable defects and dangerous nature of the premises, floors, hallways, pathways, aisles and/or walkways to such invitees, licensees sallow oth= legally on the premises; d. Failure to barricade and/or block-o#fthe defective and/or dangwous area of the premises floors, hallways, pathways, aisles and/or walkways; e. Failure to reasonably inspect, maintain and/or otherwise exercise due and reasonable care under the circumstances in view of the foreseeable dangers, -12- accideto and/or injuries that could occur as a result of the conditions on premises, floors, hallways, pathways, aisles and/or walkways; f. Failure to comply with all building codes, county and city laws, and regulations pertaining to the design, cooatrvction, and maintenance the aforementioned premises; S. Fading to exercise the proper care, custody and control over the aforesaid premises; h. Failure to inspect, maintain and/or repair hom and/or unknown defects; and, i. Failing to prevent and/or remove a dangerous condition derived, originated or had its source the aforesaid premises; j. Failure to remove liquid from the premises, k. In other respects that may be pointed out at the time of trial. 35. As a direct result of the negligent, careless and/or reckless conduct of defendant, the plaintiff suffered various serious and permanent personal injuries, serious impairment of body function and/or permmanent serious disfigurement, and/or aggravation of pre-existing conditions, including, but not limited to: left rotator cufftear, requiring surgery, and any other ills, injuries, all to plaintiffs great loss and detriment. 36. As a result of these injuries, all of which are to plaintiffs great financial detriment and loss, plaintiff has in the past, is and . ...... pY ..... may in the .future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time. 37. As an additional result of the carelessness, negligence and/or recklessness of defendant, plaintiff has suffered emotional injuries along with the physical injuries suffered. 38. As a ftirther result of the injuries sustained, the plaintiffhas, is presently, and may -13- in the future undergo a great loss of earnings and/or earning opacity, all to the finther loss detriment of the plaintiff. 39. Furthermore, in addition to all the injuries and losses suffered, the plaintiff incurred or will incur medical, rehabilitative and other related expenses in the amount equal and/or in excess of any applicable health insurance coverage for which plaintiff has not been reimbursed and upon which the plaiatiff makes a claim for payment in the present action. WHEREFORE, plaintiff demands judgment in plaintiff's favor and against defendant in an amount in excess of Fifty Thousand ($50,044.00) Dollars, plus all reasonable attorney's fees, costs and any other relief the court deans necessary. SPEAR, GREENFEMD & RICHMAN, P.C. ls/ Grea?teld C F. G]tEENMLD, ESQUIRE WTF,,RROGATORN% REQUESTS FOR PRODUCTION OF DOCUMENTS, SUPPLEMENTAL REQUESTS AND REQUEST FOR ADMISSIONS ARE ATTACHED TO AND SERVED WITH THIS COA91 AINT. c4h -14- d a VERIFICATION The undo signed, plaintiff: in this action, verifies that the within pleading is based upon infwwton fiunished to counsel, which has been gathered by counsel in the preparation of this lawsuit. The language of the attached pleading is that of counsel and not of signor. Signor verifies that the within pleading, as prepared by counsel, is true and correct to the best ofsiguor's knowledge, information and belief. To the extent that the contents of the within pleading are that of counsel, signor has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904.relating to unworn falsification to authorities. EXHIBIT B OJS Civil Docket Detail Case Number : 12-000072 (3/20/2012 4:26:37 PM) KENNARD, R VS CARRABBA'S ITALIAN GRILL Detail Docket Information Page, 1 of 1 ID Filing Attorney Address Phone 060940 NORMAN W BRIGGS 300 WALNUT ST SUITE 2 I 215-925-0632 PHILADELPHIA, PA 19106 02/22/2012 11:24AM DEFENDANTS CARRABAS ITALIAN GRILL'S ANSWER AND MATTER ® 2012 County of Delaware http://w0l .co.delaware.pa.uslpalpublicaccess.asp?UAYN=Y&MyAction=OJSDocket&Cas... 3/202012 BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, Attorney for Defendants Carrab Italian Grill, Carrabba's Italian, LLC., Carrabba's Italian Grill, Ix and Carrabba's/Mid-Atlantic-I, Plaintiff(s) COURT OF COMMON PLEAS DELAWARE COUNTY VS. NO. 12-00072 CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8s CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Defendant(s) DEFENDANTS CARRABBA'S ITALIAN GRILL, CARRABBA'S ITALIAN GRILL, LLC., CARRABBA'S ITALIAN GRILL, INC., AND CARRABBA'S/MID-ATLANTIC-I, L.P.'S ANSWER AND NEW MATTER 1. Denied. After reasonable investigation, Answering Defendant does not possess sufficient information to admit or deny the allegations contained within said paragraph. Strict proof is otherwise demanded at the time of trial. 2. Denied as stated. Defendant, "Carrabba's Italian Grill, is a trade name for a restaurant located at 5250 Carlisle Pike, Mechanicsburg, Pennsylvania. 3. Denied as a conclusion of law for which no response is required. 4. Denied as stated. 5. Denied as a conclusion of law for which no response is required. 6. Denied. Defendant Carrabba's Italian Grill, Inc., is no longer operating entity. 7. Denied as a conclusion of law for which no response is required. 8. Denied as stated. 9. Denied as a conclusion of law for which no response is required. 10. Denied as a conclusion of law for which no response is required. 11. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other tf conclusions of law, said allegations are denied because after reasonable investigatii Answering Defendant is without sufficient information to admit or deny the allegatic contained within said paragraph. Strict proof is otherwise demanded at the time trial. COUNT I 12. Answering Defendants incorporate by reference its responses paragraphs 1 through 11 as though fully set forth at length herein. 13. (a-k) Denied as a conclusion of law for which no response is required. To the extent the allegations contained within this paragraph are deemed other tha conclusions of law, it is denied that Answering Defendants acted in a negligen careless and/or reckless manner. On the contrary, Answering Defendants acted in reasonably prudent manner, and with all due care, under the circumstances. 14. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable -2- Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 15. Denied as a conclusion of law for which no response is required. To extent 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 d paragraph. Strict proof is otherwise demanded at the time of trial. 16. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other tl conclusions of law, said allegations are denied because after reasonable investigati Answering Defendants cannot admit or deny the allegations contained within s paragraph. Strict proof is otherwise demanded at the time of trial. 17. Denied as a conclusion of law for which no response is required. To extent 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 sai paragraph. Strict proof is otherwise demanded at the time of trial. 18. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other tha conclusions of law, said allegations are denied because after reasonable investigation Answering Defendants cannot admit or deny the allegations contained within sai paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill demands judgment in favor and against the Plaintiff, Robert Kennard, along with costs of said action. -3- COUNT H 19. Answering Defendants incorporate by reference its responses Ito paragraphs 1 through 18 as though fully set forth at length herein. 20. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other th conclusions of law, it is denied that Answering Defendants acted in a negligent, careless and/or reckless manner. On the contrary, Answering Defendants acted in a reasonably prudent manner, and with all due care, under the circumstances. 21. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investiga Answering Defendants cannot admit or deny the allegations contained within 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 extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investig? Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 23. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigi Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 24. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other -4- conclusions of law, said allegations are denied because after reasonable Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 25. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigi Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill, LLC, demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. COUNT III 26. Answering Defendants incorporate by reference its responses paragraphs 1 through 25 as though fully set forth at length herein. 27. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other thi conclusions of law, it is denied that Answering Defendants acted in a negliger careless and/or reckless manner. On the contrary, Answering Defendants acted in reasonably prudent manner, and with all due care, under the circumstances. 28. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investig: Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 29. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other -5- conclusions of law, said allegations are denied because after reasonable investi Answering Defendants cannot adroit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 30. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other tha conclusions of law, said allegations are denied because after reasonable investigatior Answering Defendants cannot admit or deny the allegations contained within sai paragraph. Strict proof is otherwise demanded at the time of trial. 31. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other conclusions of law, said allegations are denied because after reasonable investigf Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 32. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other d conclusions of law, said allegations are denied because after reasonable investigati Answering Defendants cannot admit or deny the allegations contained within s paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's Italian Grill, Inc., demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. COUNT IV 33. Answering Defendants incorporate by reference its responses paragraphs 1 through 32 as though fully set forth at length herein. 34. (a-k) Denied as a conclusion of law for which no response is required. the extent the allegations contained within this paragraph are deemed other -6- conclusions of law, it is denied that Answering Defendants acted in a negligent, careless and/or reckless manner. On the contrary, Answering Defendants acted in a i reasonably prudent manner, and with all due care, under the circumstances. 35. Denied as a conclusion of law for which no response is required. To tl?e extent the allegations contained within this paragraph are deemed other 1 conclusions of law, said allegations are denied because after reasonable investigal Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 36. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other 1 conclusions of law, said allegations are denied because after reasonable investigal Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 37. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other 1 conclusions of law, said allegations are denied because after reasonable investigal Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 38. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other t conclusions of law, said allegations are denied because after reasonable investigai Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. 39. Denied as a conclusion of law for which no response is required. To extent the allegations contained within this paragraph are deemed other t -7- conclusions of law, said allegations are denied because after reasonable investiga Answering Defendants cannot admit or deny the allegations contained within paragraph. Strict proof is otherwise demanded at the time of trial. WHEREFORE, Defendant Carrabba's/Mid-Atlantic-I L.P. demands judgment its favor and against the Plaintiff, Robert Kennard, along with costs of said action. NEW MATTER 40. Plaintiff fails to state a cause of action upon which relief can be gran 41. Plaintiffs' cause of action is barred by the applicable Statute Limitations. 42. Plaintiff's claim is barred by the Doctrine of Assumption of Risk. 43. Plaintiffs claim is barred and/or limited by the Comparative Negligence Act, 42 Pa. C. S.A. §7102 et M. 44. Plaintiffs injuries were caused in whole or in part by individuals and/ entities which the Answering Defendants has no control over, and/or right to control. 45. Plaintiff's injuries were not caused by the incident described within Plaintiffs Complaint. 46. Answering Defendants owed no legal duty to the Plaintiff. 47. Plaintiff was a trespasser at the time of the incident. 48. Answering Defendant had no actual and/or constructive notice of alleged dangerous condition. 49. Answering Defendants were not responsible for the maintenance and/ repairs and construction of the Common Areas of the shopping center within the Plaintiffs Complaint. 50. There was no dangerous and/or defective condition located at property in question. -8- 51. The Defendant Carrabba's Italian Grill did not lease or own the in question. 52. To the extent there was a dangerous and/or defective condition on Defendant's premises, said condition was open and obvious. 53. To the extent there was a condition upon the Answering premises, the alleged defect was de minimis in nature. 54. The area where the Plaintiff allegedly fell was not within the or control of the Answering Defendants. 55. "Carrabba's Italian Grill" is a trade name utilized by the other Defendants. 56. Venue is not proper for this action. WHEREFORE, Carrabba's Italian Grill, Carrabba's Italian Grill, LLCM, Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. demand judgment their favor and against the Plaintiff, Robert Kennard, along with costs of this action. BRI:76,01 FFICE, LLC Dated: February 20, 2012 NO A N W. BRIGGS, ESQUIRE Attorney for Defendants Carrabba's ItaliGrill, Carrabba's Italian Grill, LLC , Carrabba's Italian Grill, Inc., anCarrabba's/Mid-Atlantic-I, L.P. -9- VERIFICATION NORMAN W. BRIGGS hereby states that he is the attorney for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. in this action, that he is acquainted with the facts set forth in the foregoing pleading that the same are true and correct to the best of his information, knowledge and belief and that this statement is made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. ORMAN W. BRIGGS Dated: February 14, 2012 1 , BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 LINDSAY S. SWITZER, ESQUIRE Attorney I.D. No.: 306393 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8v CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants COURT OF COMMON PLEAS DELAWARE COUNTY NO. 12-00072 Plaintiff(s) Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT CARRAB13APS ITALIAN GRILL PETITION FOR TRANSFER OF VENUE TO CUMBERLAND COUNTY PURSUANT TO THE DOCTRINE OF FORUM NONCONVENIENS I. FACTUAL BACKGROUND Plaintiff filed suit against Defendant Defendants Carrabba's Italian Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/I Atlantic-I, L.P. (hereinafter collectively "Carrabba's"), as a result of a slip-and accident occurring on September 7, 2010, at a Carrabba's located at 5250 Car. Pike, Mechanicsburg, Cumberland County, Pennsylvania. (See Plaintiff's Compla attached hereto as Exhibit "A). Although Plaintiff, however, listed the Mechanicsb Carrabba's in its caption, it filed this matter in Delaware County (Exhibit Delaware County has no relation to the instant action. Defendant Carrabba's is a Florida corporation with a principal place of busin ss located at 2202 Northwest Shore Boulevard, Suite 500, Tampa, Florida 33607 ana place of business located at 5250 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. (See Defendant's Answer attached hereto as Exhibit "B"). Plain ff, Robert Kennard, alleges that he was injured when he was caused to slip and fall on alleged dangerous condition while walking on Defendant's premises in Mechanicsburg. (Exhibit "A.") There are no eyewitnesses to this accident, but fact witnesses in probably include Defendant Carrabba's employees and the proprietor, Brian Johnson, and various Carrabba's employees who live in, or in close proximity to, Cumberl d County. H. LEGAL ARGUMENT Rule 1006(d)(1) of the Pennsylvania Rules of Civil Procedure provide as follows: For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought. Pennsylvania courts routinely grant motions for transfer on the ground of non conveniens where the moving party has established that the plaintiff's chc forum is oppressive or vexatious by a showing that trial in another county wi provide easier access to witnesses or other sources of proof, or to the ability to the site of the accident involved in the dispute. Scola v. AC&S. Inc., 657 A.2d 1 (Pa. 1995); Cheeseman v. Lethal Exterminator Inc., 701 A.2d 156 (Pa. 1997). In Cheeseman v. Lethal Exterminator Inc., 701 A.2d 156 (Pa. 1997), Pennsylvania Supreme Court held that a petition to transfer venue on grounds -2- . convenience of parties and witnesses may be granted where the defendant meets ,its burden under Scola v. AC&S, Inc., 657 A.2d 1234 (Pa. 1995) to demonstrate, th detailed information on the record, that the plaintiff's chosen forum is oppressive or vexatious. Under the Scola test, as articulated in Cheeseman, the defendant may m et its burden of showing that the plaintiff's choice of venue is vexatious by establish' g facts on the record that the plaintiff's choice of forum was designed to harass t e defendant, even at some inconvenience to the plaintiff himself. Alternatively, tae defendant may meet its burden by establishing that trial in the chosen forum is oppressive. For instance, the defendant may show that trial in another county wo d provide easier access to witnesses or other sources of proof, or to the ability to vi w the site of the accident involved in the dispute. In Mateu v. Stout, 819 A.2d 563 (Pa. Super. 2003), the Court held that Philadelphia County Court of Common Pleas did not abuse its discretion transferring the action based upon forum non conveniens. All of the parties, as well the identified fact witnesses, resided outside of Philadelphia County. In addition, 1 plaintiff's medical witnesses were located within Delaware County and all of l medical treatment was rendered in Delaware County. The court concluded tl litigation of the action in Delaware County would provide easier access to the sour of proof, namely, the witnesses, the plaintiff's own medical expert, her medi records, and the site of the accident. Furthermore, in Borger v. Murphy, 797 A. 2d 309 (Pa. Super. 2002), the Co- affirmed a transfer of venue from Philadelphia County to Lehigh County. The ( noted that all witnesses resided in Lehigh County and that many of the witne although not identified, worked in Lehigh County. The defendant further asserted a trial in Philadelphia County would burden his business. The Court found -3- defendant presented detailed evidence that venue in Philadelphia County would The oppressive. Just as the two aforementioned cases satisfied the Cheeseman and requirements, the facts in the instant case demonstrate that the plaintiff's chc forum is oppressive to the defendants. First, the accident that gave rise to litigation took place in Cumberland County. All defendants reside and/or cone business in Cumberland County, and all potential eyewitnesses to the accident still employed at the Carrabba's Cumberland location. Thus, a trial in Dela-, County would be oppressive to the defendants and witnesses, who would have travel from Cumberland County to Delaware County. Moreover, plaintiff's injury occurred when he slipped and fell while making delivery at the Carrabba's Cumberland location. See Exhibit "A". Accordingly, the of the accident is located in Cumberland, not Delaware, County. Delaware County nothing to do with the incident in question and is merely an example of the Plai forum shopping. Although Plaintiff has not produced his medical records, it can be assumed that his medical providers are not located in Delaware County. Plaintiff do not reside in Delaware County and the site of the accident is not located in Delaw, County. As such, Plaintiff's medical providers will incur substantial cost if required travel to Delaware County. It is clear that the only nexus between this action and Delaware County is defendant, Carrabba's has locations in Delaware County. Although there Carrabba's locations in Chadds Ford and Springfield (both in Delaware County), t locations are managed by different proprietors and are independently staffed. As s- the maintenance and conditions of those locations are completely unrelated to a -4- present action. Trial in Delaware County would be extremely inconvenient (to Defendant and all of the witnesses who would be required to travel fr?m Mechanicsburg to Delaware County. Litigating and trying this case in Delaw e County would also increase personal costs to the defendant and the witnesses o would be required to travel to Delaware County during the course of th se proceedings. In addition to the private interests of the parties, the Court must consider public interest implications of the case. Pennsylvania courts routinely decline to burden citizens with the adjudication of a case unrelated to their county. See, Hun r v. Shire US, Inc., 992 A.2d 891, 895 (Pa.Super.,2010); Jesso v. ACF Industries LL , 859 A.2d 804, 804-05 (Pa. Super. 2004); Endre v. Trump Marina, WL 127785 , Pa.Com.Pl 1999). By allowing this action to be tried in Delaware County, the dock t will be burdened by a case that has no connection to Delaware County other than t e defendant conducting some unrelated business in the county. Further, citizens f Delaware County would be subjected to jury duty in an action that should be proper y borne by Cumberland County residents . The facts stated above make it abundantly clear that Rule 1006(d) (1) dicta that this case be transferred to Cumberland County for the convenience of the parti and witnesses. WHEREFORE, Defendant Carrabba's, respectfully requests that this Court grant its Motion to Transfer Venue to Cumberland County. BRIGGS LAW OFFICE, LLC L Dated: March 20, 2012 A ER, ESQUIRE Attorney for efendants -5- BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 LINDSAY S. SWITZER, ESQUIRE Attorney I.D. No.: 306393 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants Carrab Italian Grill, Carrabba's Italian LLC., Carrabba's Italian Grill, Ii and Carrabba's/Mid-Atlantic-I, COURT OF COMMON PLEAS DELAWARE COUNTY Plaintiff(s) : NO. 12-00072 Defendant(s) CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the within Motion Transfer Venue pursuant to forum non conveniens was made on the below noted to Marc F. Greenfield, Esquire, 230 S. Broad Street, Suite 1800, Philadelphia, PA 19102 by United States Mail, postage pre-paid. BRIGGS,J AW OFFICE, LLC Dated: March 20, 2012 's .1 .P. LINDSAY S. SMTZER, ESQUIRE Attorney for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC, Carrabba's Italian Grill, Inc., anCarrabba's/Mid-Atlantic-I, L.P. SPEAR, GREENFIELD & RICHMAN, P.C. BY: MARC F. GREENFIELD, ESQUIRE I.D. NO.: 62081 230 S. Broad Street, Suite 1800 Philadelphia, PA 19102 (215) 985-2424 ROBERT KENNARD vs. CARABBA' S ITALIAN GRILL ATTORNEY FOR PLAINTIFF COURT OF COMMON P DELAWARE COUNTY CIVIL TRIAL DIVISION AND C :7c- CARARBBA'S ITALIAN GRILL, INC. Pp NO. 12-00072 :o? 3 PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDZAS cn 40-56. Denied. All factual allegations, if any, stated by defendant are hereby denied. Furthermore, defendants are stating conclusions of law to which no response is mandated pursuant to the Pennsylvania Rules of Civil Procedure. Wherefore, this allegation is denied in entirety and strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiff requests judgment in her favor and against the Defendants the damages and costs of suit as stated in Plaintiffs Complaint. f BY: MARC F. GRET Attorney for Plaintiff & CH AN, P.C. L. rl, ESQUIRE Rte! VERIFICATION The averments or denials contained in the foregoing Reply to New Matter are true upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable to ascertain which of the inconsistent averments are true; but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subj to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. SPEAR, GREENFIELD & RICHMAN, P.C. BY: MARC F. GREENFIELD, ESQUIRE Attorney for Plaintiff F4i..FD-0fF1CE BRIGGS LAW OFFICE, LLC# THE ?'C?OTH?N?TARY By: LINDSAY S. SWITZER Attorney I.D. No.: 3063932 ?L ?? )?? 400 Market Street, Suite 730 ??ua1? ??? ?t Q AOUNTi torney for Defendants Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s) : NO. 12-4148 vs. MOTION TO COMPEL DISCOVERY CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8a CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Defendant(s) Defendants, through their attorney, Lindsay S. Switzer, Esquire, hereby present the following Motion to Compel the Plaintiff's Answers to Interrogatories and Plaintiff's re-depostion and in support thereof, avers the following: 1. This cause of action arises out of a "slip and fall" accident, which allegedly occurred on September 7, 2010, in the kitchen of Carrabba's Italian Grill located at 5250 Carlisle Pike, Mechanicsburg, Pennsylvania 2. Plaintiff instituted suit, by way of Complaint, which was filed on January 4, 2012 in Delaware County, Pennsylvania. 3. The matter was transferred to Cumberland County by order of the Court on June 19, 2012. 4. On or about February 20, 2012, Defendant Carrabba's served upon Plaintiff Interrogatories and Requests for Production. 5. On or about April 10, 2012, this office sent correspondence to Plaintiff's Counsel requesting Answers to Interrogatories and responses to the Requests for production. (Attached hereto and marked as Exhibit "A" is a true and correct copy of this letter). 6. On May 7, 2012, this office sent a second letter requesting the required discovery. (Attached hereto and marked as Exhibit "B" is a true and correct copy of this letter). 7. On July 24, 2012, this office sent a third letter requesting the required discovery. (Attached hereto and marked as Exhibit "C" is a true and correct copy of this letter). 8. In an effort to defend this case expeditiously, Defendant deposed Plaintiff on May 31, 2012. At the deposition, Plaintiff's counsel informed Defendant's counsel that a different department at his firm handled written discovery requests, but he would check on the status of the Plaintiff's answers. 9. To date, Plaintiff has not provided the requested discovery. 10. In light of the fact that Defendant did not have the opportunity to review Plaintiff's answers to interrogatories and responses to requests for production prior to the deposition, Defendant requests the right to re-depose Plaintiff should Defendant deem it necessary. 11. The Defendant's counsel advised Plaintiff's counsel that the instant Motion to Compel would be filed 12. Defendant is not in default with respect to discovery. 13. Plaintiff has not objected to this discovery request, nor has he sought a protective order. 14. Defendants will be severely prejudiced if Plaintiff does not respond to discovery or is not re-deposed. WHEREFORE, Defendants, Carrabba's Italian Grille and Carrabba's Italian Grille, LLC. respectfully requests that this Honorable Court enter an Order, compelling Plaintiff to provide the requested discovery within ten (10) days of the receipt of this order and to permit Plaintiff's re-deposition. A proposed order is attached hereto. DATE: -44 , Z- BRIGGS LAW OFFICE, LLC W,.-QO,k - QL D . SWI R, ESQUIRE Attorney for Defendants EXKIBIT 8 April 10, 2012 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Del Co. Court of Common Pleas No. 12-00072 Dear Mr. Greenfield Please be advised that this matter has come up on diary. On or about February 22, 2012, our office forwarded discovery requests to you. To date we have not received them. Please forward your client's answers within ten (10) days so that we may avoid unnecessary motion practice. Thank you for your attention to this matter. I look forward to hearing from you soon. ISS I Is Doc ID ltr to M. Greenfield of 4.10.2012 Very t y, SA S TIER I O ROOSEVELT BOULEVARD - SJITE 201 - MARMORA. NJ 08 - (609) 390-9600' FAX (609) 390-5950 300 WALNUT STREET - PHILADELPHIA. PA 1 9 1 06 - (2 1 5) 925-4632 . FAX. (2 1 5) 925-1 6 1 1 WWW.THEBRIGGSLAW. COM EXKIBIT B May 7, 2012 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Del Co. Court of Common Pleas No. 12-00072 Dear Mr. Greenfield Please be advised that this matter has come up on diary. On or about February 22, 2012, our office forwarded discovery requests to you. To date we have not received them. This my second letter regarding the overdue discovery. Please forward your client's answers within ten (10) days so that we may avoid unnecessary motion practice. Thank you for your attention to this matter. I look forward to hearing from you soon. LSS I Is Doc ID itr to M. Greenfield of 5.7.2012 Very t Y)L.TZE LINDSA Ci RoosEver:r BOULEVARD - SLATE 20 1 - MARMORA, NJ 08223 - (609) 390-9600 - FAX (609) 390-5950 A"O WALNUT STREET - PHILADELPHIA, PA 1 9 1 06 - (2 1 5) 925-4632 - FAX (2 1 5) 925-1 6 1 1 WWW VHEBRtGG5LAW COM EXKIBIT C July 24, 2012 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas Dear Mr. Greenfield, Please be advised that this matter has come up on diary. We still have not received your client's answers to interrogatories responses to discovery in this matter. Now that this case has been successfully transferred to Cumberland County and assigned a docket number, I will file a motion to compel if we do not receive the requested discovery within ten (10) days. At Plaintiff's deposition, your associate said that you may want to depose the two Carrabba's employees whom Plaintiff said witnessed his fall. One, Robert Feagin, is still. employed at Carrabba's and can be produced upon notice of deposition. The other, Patricia Rosales, is no longer an employee at Carrabba's. Upon information and belief, she has moved to Mexico. Her last known address is 422 South 17th Street, Harrisburg, PA 17104. Thank you for your attention to this matter. I look forward to hearing from you soon. Very truly ours, F t LSS ( Is L'INDS,AAY S. SWIR Doc ID itr to M. Greenfield of July 24, 2012 I 1 0 ROOSEVELT BOI)LEVARD' 2ND FL ooR' MARMORA. NJ 082%'.3 • (609) 390-9600 • FA> '609! 340-59` " 400 MARKET STREET - SUITE 730' PHILADELPHIA, PA 0E P 1 j) 9?5-463 WWW.THESPIGGSLAW QOM BRIGGS LAW OFFICE, LLC By: LINDSAY S. SWITZER Attorney I.D. No.: 306393 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road. Newark, DE 19702, Attorney for Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s) NO. 12-4148 vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Defendant(s) AND NOW, this day of ORDER , 2012, upon consideration of Defendant's Motion to Compel Plaintiffs Answers to Interrogatories and to re-depose Plaintiff if necessary and any response thereto, IT IS ORDERED and DECREED that said Motion is GRANTED. BY THE COURT: J. VERIFICATION I, the undersigned, verify that the statements made in the foregoing writing and any attachments thereto are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. -A- C LI AY SWITZER, ESQUIRE BRIGGS LAW OFFICE, LLC By: LINDSAY S. SWITZER Attorney I.D. No.: 306393 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Plaintiff(s) Defendant(s) TO: Attorney for Plaintiff Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Attorney for Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-4148 PROOF OF SERVICE I do hereby certify that service of a true and correct copy of the within Motion to Compel Plaintiff's Answers to Interrogatories and Responses to Requests for Production was made on the below-noted date to counsel named-above, by United State Mail, postage pre-paid: B LAW FICE, LLC DATED: 2 LIN SA TZE , ESQUIRE rney for Defendants BRIGGS LAW OFFICE, LLC By: LINDSAY S. SWITZER Attorney I.D. No.: 306 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925-4632 ?EO-O r 1Cc PROS HONOTAC `t 39,V12 AUG -3 AM ??: 08 O?M?ERLAN? COUNRItorney for Defendants p?pNSYtV???IA ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARR.ABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8v CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s) NO. 12-4148 Defendant(s) AMENDMENT TO MOTION TO COMPEL Defendants, through their attorney, Lindsay S. Switzer, Esquire, hereby pre the following Amendment to its Motion to Compel the Plaintiff's Answers Interrogatories and Plaintiff's re-deposition and in support thereof, avers following: 1) Earlier in this case, Judge Burr ruled on Defendant's Motion Transfer Venue in Delaware County, Pennsylvania on May 30, 20 Judge Burr granted the motion and the matter was transferred Cumberland County. 2) Counsel for Defendants has sent multiple letters to Plaintiff's t asking for the requested discovery and spoken to his associate lat Plaintiff's deposition regarding, but no response or reques discovery has been forthcoming. WHEREFORE, Defendants, Carrabba's Italian Grille and Carrabba's Grille, LLC, respectfully requests that this Honorable Court accept this Amendment to its motion and enter an Order, compelling Plaintiff to provide the requested discovery within ten (10) days of the receipt of this order and to permit Plaintiff's re-depositi n. A proposed order is attached hereto. LAW OFFICE, LLC t'17 ?a DSA S. SWITZ R, ESQUIRE Attorne for Defendants DATE: -41%1 )Z ROBERT KENNARD Plaintiff V. CARRABBA'S ITALIAN GRILL AND CARRABBA'S ITALIAN GRILL, LLC. Defendants oppww- 4j" S'"WEI IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL NO: 2012-4148 IN RE: DEFENDANT'S MOTION TO COMPEL THE PLAINTIFF'S ANSWERS INTERROGATORIES AND PLAINTIFF'S RE-DEPOSITION' ORDER OF COURT AND NOW, this 7t" day of August 2012, upon consideration of Defenda Motion to Compel the Plaintiff's Answers to Interrogatories and Plaintiff's Re-Deposition, a rule is issued upon the Plaintiff to show cause why the relief requested should not granted. RULE RETURNABLE within twenty days from date of this order. By the Court, Thomas A. Placey C.P.J. Distribution List: v' Lindsay S. Switzer, Esq. -<> oa 400 Market Street ; a Suite 730 Philadelphia, PA 19106 co fJ Marc F. Greenfield, Esq. 230 S. Broad Street Suite 1800 Philadelphia, PA 19102 4('e--5 Ma .'(el f/elm P)/I iLC U-0FFIC'.1E BRIQGS LAW OFFICE, LLC i E P RO THO N O TM By: LINDSAY S. SWITZER, ESQU?2 a? 22 (0. Attorney I.D. No.: 306393 ((JJ 14 300 Walnut Street CUMBERLAND Cm 1 7 ey for Defendants Philadelphia, PA 19106 PENNSYLVANIA 1 7 (215)1925-4632 ROB?RT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CAR*ABBA'S ITALIAN GRILL 52501 Carlisle Pike Mechanicsburg, PA 17050 CARIIABBA'S ITALIAN GRILL, LLC 52501 Carlisle Pike Mechanicsburg, PA 17050, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s) : NO. 12-4148 Defendant(s) PRAECIPE TO WITHDRAW MOTION TO COMPEL TO THEiPROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw Defendants' currently pending Motion to Compel Answers to Interrogatories and Plaintiff's Re-Depositon. LINDtO S. ER Attorney fo fendants Carrabba's Italian. Grill and Carrabba's Italian Grill, LLC Dated: August 20, 2012 BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE ADRIENNE CHAPMAN, ESQUIRE Attorney I.D. No.: 60940/ 307818 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. Attorney for Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 12-4148 Plaintiff(s) : MOTION TO COMPEL DISCOVERY CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 -- ..r.- & CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike - .. 7 Mechanicsburg, PA 17050, .._/..-,- c-_-:, ,.---.:. --.. -1 Defendant(s) '.> r..-) •-.7, ...... — - 1.,0 - (-- ,...... _;114 C -71 ••• < Defendants, through their attorney, Briggs Law flees, hereby present the following Defendants' Motion to Compel Plaintiff's Answers to Request for Production #4, 23, complete Plaintiff's Answers to the Second Request for Production and releases for records from Dr. Elizabeth Jackovic and Open MRI & Imaging and in support thereof, aver the following: 1. This cause of action arises out of a "slip and fall" accident, which allegedly occurred on September 7, 2010, in the kitchen of Carrabba's Italian Grill located at 5250 Carlisle Pike, Mechanicsburg, Pennsylvania 2. Plaintiff instituted suit, by way of Complaint, which was filed on January 4, 2012 in Delaware County, Pennsylvania. Defendant filed a Motion to Transfer Venue in Delaware County, Pennsylvania, which was ruled upon by Judge Burr on May 30, 2012. Judge Burr granted the motion and the matter was transferred to Cumberland County by order of the Court on June 19, 2012. First and Second Request for Production- incomplete responses 3 On or about February 20, 2012, Defendant Carrabba's served upon Plaintiff its First Request for Production. (A copy of the letter and request are attached as "Exhibit A".) As an initial discovery request, the request covered various topics. 4. On or about April 18, 2013, Defendant served upon Plaintiff its Second Set of Request for Production. (A copy of the letter and request are attached as "Exhibit B".) This requested only: "Any and all documentation relating to Plaintiff's worker's compensation claim, including any lien documents, or confirmation that there is no worker's compensation lien on Plaintiffs claim." 5. Plaintiff did provide a Response to Defendant's Request for Production on or about April 24, 2013 (hereinafter, the "Response"). Although not called a Response to Defendant's Second Request for Production, the Response did include what appears to be portion of the Plaintiffs workers compensation file. 6. For purposes of this Motion, Defendant contends the Response was insufficient in the following ways: 1) it did not provide information supporting the wage loss claim (initial Request #4), 2) it did not provide Plaintiff's tax returns (initial Request #23) and 2) did not confirm whether or not there was a workers compensation lien (Second Request for Production). 7. Defendant requires this information to evaluate the value of Plaintiff's claim. More specifically, to assess Plaintiff's purported wage loss claim Defendant requires information germane to Plaintiff's earnings history. Also, the existence (or non-existence) of any lien clearly impacts the case value. 8. Defendant wrote Plaintiff's letters regarding the deficiencies on September 19, 2013, February 14, 2014, and March 6, 2014 (collectively, "Exhibit C"). 9. No response to the correspondence has been received. Requests for HIPAAs 10. On or about August 21, 2012, Defendant requested an executed HIPAA for Dr. Jackovic. (A copy of the letter is attached as "Exhibit D".) 11. On or about December 11, 2012, Defendant requested an executed HIPAA for Open MRI & Imaging Center. (A copy of the letter is attached as "Exhibit 12. On February 17, 2014, Defendant sent a letter following up to its earlier request for releases for Dr. Jackovic and Open MRI & Imaging. (A copy of the letter is attached as "Exhibit F".) 13. Given the late stage in this case, and the fact that Plaintiff has already appeared for an IME, Defendant is not pursuing at this time the other medical releases requested. However, the records of Dr. Jackovic and Open MRI & Imaging may reveal that an addendum IME report is needed. Defendant cannot adequately evaluate the case value without these records. 14. To date, Plaintiff has not provided the requested discovery. 15. Defendant is not in default with respect to discovery. 16. Plaintiff has not objected to this discovery request, nor has he sought a protective order. 17. Defendants will be severely prejudiced if Plaintiff does not respond to discovery. 4 18. Pursuant to Cumberland Local Rule 208.3(a) (9), the undersigned attempted to obtain the concurrence of opposing counsel of record by sending the aforementioned correspondence, and no response was received. WHEREFORE, Defendants, Carrabba's Italian Grille and Carrabba's Italian Grille, LLC. respectfully requests that this Honorable Court enter an Order, compelling Plaintiff to provide the requested discovery within ten (10) days of the receipt of this order, and such further relief as to this Court seems just. A proposed order is attached hereto. DATE: March 2014 BRIGGS LAWi FFICE, LLC ADRIENNE CHAPMAN, ESQUIRE Attorney for Defendants 5 VERIFICATION I, the undersigned, verify that the statements made in the foregoing writing and any attachments thereto are true and correct to the best of my knowledge, information, and belief. I understand that false statements therein are made subject to the penalties of 18 PA C.S. §4904 relating to uns o n falsification to authorities. ADRIENNE CHAP AN, ESQUIRE 6 BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE ADRIENNE CHAPMAN, ESQUIRE Attorney I.D. No.: 60940/ 307818 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 86 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 12 -4148 Plaintiff(s) Defendant(s) PROOF OF SERVICE I hereby certify that on the date: set forth below, a true and correct copy of the foregoing Defendant Carrabba's Italian Grill's Motion was served on the following individuals by first class mail, postage prepaid, pursuant to the Pennsylvania Rules of Civil Procedure, on the date set forth below: Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 BRI FFICE, LLC DATED: March , 2014 ADRIEN +C 'ADMAN, ESQUIRE Attorney for Defendants EXHIBIT 'A' BRIGGS LAW OFFICE February 20, 2012 Marc F. Greenfield, Esquire Spear Greenfield as Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Del Co. Court of Common Pleas Dear Mr. Greenfield Enclosed please find Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. Answer and New Matter, which has been filed with the Court. We also enclose our First set of Interrogatories and Requests for Production of Documents. Please provide responses within the prescribed by Pennsylvania Rules of Civil Procedure. Thank you for. your attention to this matter. I look forward to hearing from you soon. NWBJp Doc ID ltr to M. Greenfield of 2.20.2012 enc. I 0 ROOSEVELT BOULEVARD • SUITE 20 1 • MARMORA. NJ 08223 • (609) 390-9600 • FAX: (609) 390-5950 300 WALNUT STREET • PHILADELPHIA. PA 1 9 1 06 • (2 1 5) 925-4632 • FAX: (2 1 5) 925- (6 1 1 WWW.THEBRIGOSLAW,COM BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE Attorney I.D. No.: 60940 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, VS. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 86 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, et al Plaintiff(s) Attorney for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/Mid-Atlantic-I, L.P. • COURT OF COMMON PLEAS DELAWARE COUNTY : NO. 12-00072 • • • Defendant(s) FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TOWARDS PLAINTIFF You are requested to produce, in accordance with the Pennsylvania Rules of Civil Procedure, the originals or clear, readable copies of the below listed documents and/or items. These documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced, videotapes and audiotapes shall be viewed and/or heard and a copy made. The below listed documents and/or items are to be produced at Defendant's counsel's office on or before thirty (30) days from the date of service herein. Such request is continuing up to and at the time of trial. DEFINITIONS A. "You" or "your" refers to Plaintiff(s) herein and to all other persons acting or purporting to act on behalf of Plaintiff(s), including agents and employees. B. "Communications" shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, facsimiles, e -mail, or other forms of verbal and /or communicative intercourse. C. "Documents" shall mean all written or graphic matter of every kind or description, however, produced or reproduced, whether draft or final, original or reproduction signed or unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to: written communications, letters, correspondence, facsimiles, e-mail, memoranda, minutes, notes, films, recordings, of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations of personal conversations, diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing however denominated, by whomever prepared, and to whomever addressed, which are in your possession, custody or control or to which you have had or can obtain access. D. "Persons" means an individual, corporation, partnership, trust, associations, company, organization, or any form of a business or commercial entity. E. "Identify" when used with respect to an individual, means to state (1) their name; (2) business affiliation and official title and /or position; and (3) their last known residential and business address. F. "Identify" when used with respect to a document, means to state (1) the type of document (e.g. letter, memorandum, hand - written note, facsimile, e- mail); (2) its date of origin or creation; (3) its author and addressee; (4) its last known custodian or locations; and (5) a brief description of its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to your answer, indicating the question to which it is responsive. G. "Identify" when used with respect to a company or other business entity, means to state, (1) the company's legal name, any former names, and the name under which it trades or does business (2) the address of its principal place of business; and (3) the identity of its chief executive officer. H. "Relate to" means consist of, refer to, reflect or be in any way logically connected with the matter discussed. I. The period of time encompassed by these requests shall be from the date of the alleged accident to the date of answering, unless otherwise indicated. Note, this request is continuing up to and at the time of trial. J. For purposes of the Rule, a statement includes: (1) A written statement, signed or otherwise adopted or approved by the person making it, or (2) A stenographic, mechanical, electronic, videographic or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. REQUESTS 1. The entire claims and investigation file or files including but not limited to communications to and from all insurance carriers, parties, Plaintiff(s), or potential parties, request(s) for investigation, and /or reports /findings of investigators, both in- house and /or independent and /or all insurance policies of the Plaintiff(s), excluding references to mental impressions, conclusions, or opinions representing the value or merit of the claim or respecting strategy or tactics and privileged communications from counsel. 2. All statements and communications of any and all witnesses including any and all statements of Plaintiff(s) and Defendant(s), including taped recordings, whether transcribed or not, as well as all written statements. 3. Any and all documents and communications containing the name, home and business address and qualifications of all persons who have been retained or specially employed by Plaintiff(s) in anticipation of litigation or preparation for trial and who are not expected to be called as witnesses at trial or as to whom no such decision has yet been made, and attach any documents or communications received from said person(s). If there are no documents or communications, then the name of said persons) as well as their home and business addresses should be provided. 4. Any and all documents and communications which support Plaintiff's claim(s) for wage loss and impairment of earning capacity and /or power. 5. Any and all documents and communications containing the name and home and business addresses of all individuals contacted as potential witnesses. 6. Reports, communications, and /or documents prepared by any and all experts who will testify at trial. 7. Reports, manuals, textbooks, policy sheets or other documents, or communications which any said expert, potential expert, witness or potential witness has consulted or reviewed as a result or in preparation of this litigation or will consult or review. 8. Resumes and qualifications of any and all experts who will testify at trial. 9. Copies of any and all photographs, diagrams, drawings, charts, models, movie films or video -tapes which relate, refer or pertain to Defendant(s), any other party to this action, the incident site and /or any instrumentality involved in the incident described in Plaintiff(s) Complaint. 10. Any and all documents and communications substantiating any claim to Plaintiffs cause of action. 11. Copies of any and all bills, reports, notes and records prepared by any physician, hospital or healthcare provider who has examined, evaluated and /or treated Plaintiff(s) for injuries allegedly sustained as a direct result of the instant matter. 12. Copies of any and all bills, reports, notes and records prepared by any physician, hospital or healthcare provider who has examined, evaluated and /or treated Plaintiff(s) for injuries, diseases, deformities or impairments sustained by Plaintiff(s) or suffered from by Plaintiff(s) prior to and /or subsequent to the accident herein. 13. Any and all documents of any nature whatsoever which refer in any way to the incident described in Plaintiff(s) Complaint and /or the facts or circumstances leading up to and following said incident. 14. Any and all documents or other tangible materials of any nature whatsoever which you plan to have marked for identification at a deposition or trial, introduce into evidence at a deposition or trial, or about which you plan to question a witness at a deposition or trial. 15. Any and /or all documents or communications of any nature whatsoever which relate, refer or pertain to Plaintiff(s), any other party to this action, the incident, incident site and /or any instrumentality involved in the incident described in Plaintiff(s) Complaint. 16. All documents and /or communications relating to any facts on the basis of which it is asserted that the conduct of the Defendant(s) contributed to the happenings of the alleged occurrence or to the alleged injuries or losses suffered allegedly as a result of this accident. 17. Any and all documents of any nature whatsoever referred to in Plaintiff's(s') Answers to Defendant's(s') Interrogatories. 18. Any and all documents relating to prior claims and/or lawsuits presented by the Plaintiff relating to personal injuries allegedly sustained by the Plaintiff prior to the incident described within Plaintiff's Complaint. 19. Copies of any and all documents relating to the ownership, possession, control, construction, care, maintenance, inspection, repair, furnishing and physical condition of the place where the accident in suit occurred or any facilities of the defendant which were involved in the accident. 20. All documents relating to complaints or any other notification of potentially dangerous conditions at the scene of the accident. 21. Copies of any and all medical reports relating to any prior or subsequent injuries or conditions to the same parts of the body for which plaintiff is currently bringing suit. 22. The records or other documents upon which you will rely to support plaintiff's wage loss claim. 23. Copies of plaintiff's federal income tax returns for each year commencing five (5) years prior to the date of the accident and to the present. 24. Copies of the records or other documents from which the information contained in the aforementioned tax returns was derived. 25. Any and all applications for employment, letters of termination, employer's reports, attendance records, wage statements and payroll stubs regarding plaintiffs employment for the five years preceding the accident to the present. 26. All documents referring or relating in any way to any claim for worker's compensation benefits which in any way relate to the facts as averred in the pleadings, including, but not limited to, claim petition, answer, any and all expert reports, correspondence and testimony. 27. All documents identified in response to Answering Defendants' interrogatories to plaintiff. 28. Any and all releases signed by plaintiff relating in any way to the accident which is the subject of the complaint. 29. All employer's reports, tax returns, attendance records and wage statements relating to plaintiffs loss of income as a result of the occurrence at issue. 30. All documents that refer or relate to communications with federal, state or local governments regarding the subject matter of plaintiff's Complaint. 31. Each model, product, piece of equipment, photograph, drawing, chart, manual, or other publication that you intend to use as demonstrative evidence at the trial of this action. This request is deemed to be continuing insofar as if any of the above is secured subsequent to the date herein for the production of same, said documents, photographs, statements, reports, etc., are to be provided to Defendant's counsel within thirty (30) days of receipt of same. Date: February 20, 2012 Respectfully submitted, BRIGGS LAW OFFICE, LLC:. : BY: NO AN W. BRIGGS, Esquire 300 Walnut Street Philadelphia, PA 19106 (215) 925-4632 Attorneys for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's/Mid- Atlantic-I, L.P. EXHIBIT `B' BRIGGS LAW OFFICE April 18, 2013 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian .Grill Cumberland Court of Common Pleas Dear Mr. Greenfield, Please be advised that this office represents Carrabba's Italian Grill in the above - captioned matter. I have tried several times to contact you or an associate to discuss this case, but thus far I have been unsuccessful. Enclosed please find Defendants' Second Request for the Production of Documents. Please respond within the time proscribed by Pennsylvania Court Rules. Thank you for your attention to this matter. LSS I is I I 0 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA, NJ 08223 • (609) 390 -9600 • FAX: (609) 390-5950 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA 19106 • (2 1 5) 925-4632 • FAX: (2 1 5) 925-1611 WWW.THEBRIGGSLAW. COM BRIGGS LAW OFFICE, LLC By: LINDSAY SWITZER, ESQUIRE Attorney I.D. No.: 306393 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 ROI3ERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, VS. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, et al Attorney for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's /Mid - Atlantic -I, L.P. Plaintiff(s) COURT OF COMMON PLEAS DELAWARE COUNTY : NO. 12 -00072 Defendant(s) SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TOWARDS PLAINTIFF You are requested to produce, in accordance with the Pennsylvania Rules of Civil Procedure, the originals or clear, readable copies of the below listed documents and /or items. These documents and /or items will be examined and /or photocopied; photograph negatives will be processed and photographs reproduced, videotapes and audiotapes shall be viewed and /or heard and a copy made. The below listed documents and /or items are to be produced at Defendant's counsel's office on or before thirty (30) days from the date of service herein. Such request is continuing up to and at the time of trial. DEFINITIONS A. "You" or "your" refers to Plaintiff(s) herein and to all other persons acting or purporting to act on behalf of Plaintiff(s),, including agents and employees. 13. "Communications" shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, facsimiles, e -mail, or other forms of verbal and /or communicative intercourse. C. "Documents" shall mean all written or graphic matter of every kind or description, however, produced or reproduced, whether draft or final, original or reproduction signed or unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to: written communications, letters, correspondence, facsimiles, e -mail, memoranda, minutes, notes, films, recordings, of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations of personal conversations, diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing however denominated, by whomever prepared, and to whomever addressed, which are in your possession, custody or control or to which you have had or can obtain access. D. "Persons" means an individual, corporation, partnership, trust, associations, company, organization, or any form of a business or commercial entity. E. "Identify" when used with respect to an individual, means to state (1) their name; (2) business affiliation and official title and /or position; and (3) their last known . residential and business address. F. "Identify" when used with respect to a document, means to state (1) the type of document (e.g. letter, memorandum, hand - written note, facsimile, e- mail); (2) its date of origin or creation; (3) its author and addressee; (4) its last known custodian or locations; and (5) a brief description of its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to your answer, indicating the question to which it is responsive. G. "Identify" when used with respect to a company or other business entity, means to state, (1) the company's legal name, any former names, and the name under which it trades or does business (2) the address of its principal place of business; and (3) the identity of its chief executive officer. H. "Relate to means consist of, refer to, reflect or be in any way logically connected with the matter discussed. I. The period of time encompassed by these requests shall be from the date of the alleged accident to the date of answering, unless otherwise indicated. Note, this request is continuing up to and at the time of trial. J. For purposes of the Rule, a statement includes: (1) A written statement, signed or otherwise adopted or approved by the person . making it, or (2) A stenographic, mechanical, electronic, videographic . or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. REQUESTS 1) Any and all documentation relating to Plaintiff's worker's compensation claim, including any lien documents, or confirmation that there is no worker's compensation lien on Plaintiff's claim. This request is deemed to be continuing insofar as if any of the above is secured subsequent to the date herein for the production of same, said documents, photographs, statements, reports, etc., are to be provided to Defendant's counsel within thirty (30) days of receipt of same. Date: February 14, 2014 Respectfully submitted, BRIGGS LAW OFFICE, LLC BY: LINDSAY SWITZER, Esquire 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 Attorneys for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC., Carrabba's Italian Grill, Inc., and Carrabba's /Mid- Atlantic -I, L.P. EXHIBIT "C" XP. BRIGGS LAW OFFICE September 19, 2013 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas 12 -4148 Dear Mr. Greenfield: In reviewing Plaintiff's discovery responses, I note that Defendants did not receive your client's income tax returns. Pursuant to document request no. 23, Defendants requested Plaintiffs tax returns for the past five (5) years. Please forward your client's tax returns in order to avoid a Motion to Compel. Hopefully, such Motion practice will not be necessary. If your client does not intend to present a wage loss claim, then obviously, there is no need for your client's income tax returns. If your client still intends to present a wage loss claim, then the tax returns are necessary. Thank you for your anticipated cooperation in this matter. If you have any questions, or wish to discuss further, please do not hesitate to contact me. Very truly yours, (I) NWB p NORMAN W. BRIGGS Doc ID ltr to M. Greenfield of 9.19.2013 I I 0 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA. NJ 08223 • (609) 390 -9600 • FAX: (609) 390 -5950 .4 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA 19106 • (2 1 5) 925-4632 • FAX: (2 1 5) 925-1611 WWW.THEBRIGGSLAW.COM BRIGGS LAW OFFICE February 14, 2014 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas 12 -4148 Dear Mr. Greenfield: Please be advised that I have assumed responsibility for this file from Lindsay Switzer, Esquire. As a follow -up to our letter of September 19, 2013, it appears we still have not received your client's income tax returns. Pursuant to document request no. 23, Defendants requested Plaintiff's tax returns for the past five (5) years. In addition, Request for Production no 4 requests any documents supporting your client's wage loss' claim. As you may recall, your client's interrogatory responses assert wage loss of $10,000.00 per year, and that documentation will be provided. We are unable to evaluate the claim without proper documentation. Please forward the requested discovery in order to avoid a Motion to Compel. Hopefully, such Motion practice will not be necessary. If your client does not intend to present a wage loss claim, then please let us know. If your client still intends to present a wage loss claim, then the discovery is necessary. Also, the file does not reflect a formal response to Defendant's Second Request for Production regarding any workers' compensation lien. Kindly confirm that there is no such lien. Thank you for your anticipated cooperation in this matter. If you have any questions, or wish to discuss further, please do�=ot hesitate to contact me. Very ly , . i rs, AC 1 , RIENNE HAPMAN Doc ID ltr to M. Greenfield of 2.14.2014 400 MARKET STREET • SUITE 730 • PHILADELPHIA. PA 19106 • (2 1 5) 925-4632 • FAX: (2 1 5) 925- 16 1 I 1 I 0 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA. NJ 08223 • (609) 390 -9600 • FAX: (609) 390 -5950 WWW.THEBRIGGSLAW.COM BRIGGS LAW OFFICE March 6, 2014 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas 12 -4148 Dear Mr. Greenfield: Please allow this letter to serve as a follow -up to my correspondence of February 14, 2014. It appears we still have not received your client's income tax returns, which was requested by letter dated September 19, 2013. Pursuant to document request no. 23, Defendants requested Plaintiff's tax returns for the past five (5) years. In addition, Request for Production no 4 requests any documents supporting your client's wage loss claim. As you may recall, your client's interrogatory responses assert wage loss of $10,000.00 per year, and that documentation will be provided. We are unable to evaluate the claim without proper documentation. Please forward the requested discovery in order to avoid a Motion to Compel. Hopefully, such Motion practice will not be necessary. If your client does not intend to present a wage loss claim, then please let us know. If your client still intends to present a wage loss claim, then the discovery is necessary. Also, the file does not reflect a formal response to Defendant's Second Request for Production regarding any workers' compensation lien. Kindly confirm that there is no such lien. Thank you for your anticipated cooperation in this matter. If you have any questions, or wish to discuss further, please do not hesitate to contact me. Very ly AC 1 ADRIENN ' CHAPMAN Doc ID ltr to M. Greenfield of 3.6.2014 1 1 0 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA, NJ 08223 • (609) 390 -9600 • FAX: (609) 390-5950 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA 19106 • (2 1 5) 925 -4632 • FAX: (2 15) 925- 1 6 1 I WWW.THEBRIGGSLAW.COM EXHIBIT `D' BRIGGS LAW OFFICE August 21, 2012 Marc F. Greenfield, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas Dear Mr. Greenfield, Dear Mr. Reagan: Enclosed please find HIPPA authorizations for the providers listed below: 1. Hartford County Ambulatory Surgical Center; 2. Multi Specialty Healthcare; 3. Pro Physical Therapy; 4. Super G Pharmacy; and 5. Dr. Elizabeth Jackovic. Kindly have your client execute same and return to us in the enclosed self - addressed stamped envelope. Thank you for your attention to this matter. LSS af Very truly yours, Otinclact- LINDSAY S. S WITZER 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA 19106 • (2 1 5) 925-4632 • FAX: (2 1 5) 925-161 1 1 1 0 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA, NJ 08223 • (609) 390-9600 • FAX: (609) 390 -5950 WWW.THEBRiGGSLAW.COM EXHIBIT `E' BRIGGS LAW OFFICE 1 December 11, 2012 Dr. William H. Spellman 1011 South Broad Street Lansdale, PA 19446 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas Dear Dr. Spellman: In connection with the Independent Medical Examination for Plaintiff, Robert Kennard, which has been scheduled for January 17, 2013 at 9:45 a.m., I am enclosing herein the following medical records obtained from: • Open MRI & Imaging Center • Pro Physical Therapy • IME of Samuel Matz, M.D. • HCASC Operative Report • Dr. Irrigang's Reports Any additional medical records obtained will be provided upon receipt. Thank you for your attention to this matter. Very Verytrulyyou LSSIp Doc ID: ltr of 12.12.2012 to Dr. Spellman enc. 10 ROOSEVELT BOULEVARD • 2ND FLOOR • MARMORA, NJ 08223 • (609) 390-9600 • FAX: (609) 390-5950 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA I 9 106 • (2 I 5) 925-4632 • FAX: (2 I 5) 925-! 6! I WWW.THEBRIGGSLAW.COM EXHIBIT `F' BRIGGS LAW OFFICE February 17, 2014 Marc F. Greenfield, Esquire Spear Greenfield as Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 Re: Kennard v. Carrabba's Italian Grill Cumberland Court of Common Pleas Dear Mr. Greenfield, Enclosed please find HIPAA authorizations for the providers listed 1:41ow: 1. Dr. Elizabeth Jackovic 2. Open MRI & Imaging. Kindly have your client execute same and return to us in the en self-addressed stamped envelope. Thank you for your attention to this matter. osed 400 MARKET STREET • SUITE 730 • PHILADELPHIA, PA I 9 I 06 • (2 I 5) 925-4632 • FAX: (215) 925- I 6 I I 110 ROOSEVELT BOULEVARD • 2r,10 FLOOR • MARMORA, NJ 08223 " (609) 390-9600 FAX: (609) wWW.THEBRIGGSLAW.COM 390-5950 1 ROBERT KENNARD, Plaintiff v. CARRABBA'S ITALIAN GRILL & CARRABBA'S ITALIAN GRILL, LLC, Defendants QCountp of eumbertftnb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012 -04148 CIVIL TERM IN RE: DEFENDANTS' MOTION TO COMPELL DISCOVERY ORDER OF COURT AND NOW, this day of March 2014, upon consideration of Defendants' Motion to Compel Discovery, a RULE is issued upon Plaintiff to show cause why Defendants motion should not be granted. DEFENDANTS shall effectuate service of this Order upon Plaintiff. A motion to make this Rule absolute will not be entertained until proof of service is filed. RULE RETURNABLE twenty (20) days from the date of service by Defendants. Distribution: ✓Adrienne Chapman, Esq. /Marc F. Greenfield, Esq. 3ft qi/ Thomas A. Placey BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE ADRIENNE CHAPMAN, ESQUIRE Attorney I.D. No.: 60940/ 307818 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050, 8s CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 12 -4148 Plaintiff(s) Defendant(s) PROOF OF SERVICE c I hereby certify that on the date set forth below, a true and correct copy of the ORDER OF COURT, dated March 13, 2014, wherein a Rule was issued upon Plaintiff to show cause (attached hereto), was served on the following individuals by first class mail, postage prepaid, in compliance with such ORDER OF COURT: Marc F. Greenfield, Esquire Spear Greenfield it Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 BRIG S A O ,i ICE, LLC DATED: March 27, 2014 ADRIENE CHAPMAN, ESQUIRE Attorney for Defendants V. BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE ADRIENNE CHAPMAN, ESQUIRE Attorney I.D. No.: 60940/ 307818 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8s CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 12 -4148 Plaintiff(s) Defendant(s) PRAECIPE TO WITHDRAW DEFENDANTS' MOTION TO COMPEL TO THE PROTHONOTARY: Kindly withdraw Defendants' Motion to Compel, dated March 7, 2014. Dated: Maya, 2014 ICE, LLC ADRIENNE CHAPMAN, ESQUIRE Attorney for Defendants BRIGGS LAW OFFICE, LLC By: NORMAN W. BRIGGS, ESQUIRE ADRIENNE CHAPMAN, ESQUIRE Attorney I.D. No.: 60940/ 307818 400 Market Street, Suite 730 Philadelphia, PA 19106 (215) 925 -4632 ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 & CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050, Attorney for Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 12 -4148 Plaintiff(s) Defendant(s) PROOF OF SERVICE I hereby certify that on the date set forth below, a true and correct copy of the Praecipe to Withdraw Defendants' Motion to Compel (attached hereto), was served on the following individuals by first class mail, postage prepaid: Jeff Parker, Esquire Spear Greenfield & Richman, PC 230 S Broad Street, Ste. 1800 Philadelphia, PA 19102 DATED: May d?, 2014 BRIGGS L W 'j ICE, LLC ADRIENE CHAPMAN, ESQUIRE Attorney for Defendants /rt 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. ROBERT KENNARD, 2426 Sunset Lake Road Newark, DE 19702, vs. CARRABBA'S ITALIAN GRILL 5250 Carlisle Pike Mechanicsburg, PA 17050 8s CARRABBA'S ITALIAN GRILL, LLC 5250 Carlisle Pike Mechanicsburg, PA 17050 Plaintiff(s) Defendant(s) (check one) X Civil Action- - Appeal from Law arbitration (other) U 9 COURT OF COMMON PLEAS CUMBERLAND COUNTY : CASE NO. 12-4148 : Civil Term : The trial list will be called on 2/24/15 And Pretrials will be held on 3/11/15 (Briefs are due 5 days before pretrials) Trials commence on 3/23/2015 Indicate the attorney who will try case for the party who files this praecipe: Norman Briggs, Esquire for Defendants Carrabba's Italian Grill, Carrabba's Italian Grill, LLC Indicate trial counsel for other parties if known: Trial Counsel for Plaintiff is unknown. This case is ready for trial. Date: Signed: Print Name: Adrienne Chapman, Esq. Briggs Law Office Attorney for: Defendants Carrabba's Italian Grill, Carrabba's Itial Grill, LLC 4A 9.1.57)1 �J Cit. 10993 2#3/ob3g