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HomeMy WebLinkAbout04-6071LAW OFFICES ROSEN, ROSEN, BLOOM SC VARSEK 207 SENECA STRIET OIL CITY, PENN.'YLVANiA 16301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RALPH D. CABLE and JANET M. CABLE, Plaintiffs VS. Civ. No. -2004 -? PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defencnts i the above mat r. alter Bloom, III, Esquire Supreme Court Id. #01532 207 Seneca Street, P.O. Box B Oil City, PA 16301 Attorney for Plaintiff 0 C°? h) 1-7 FLJ Di 1?; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RALPH D. CABLE and JANET M. CABLE, Plaintiffs VS. Civ. No. -2004 PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants WRIT OF SUMMONS TO: Pilot Travel Centers LLC 342 Pilot Travel Centers LLC 1165 Harrisburg Pike Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED THAT ON ,)p,.. 3 , RALPH D. CABLE, HAS COMMENCED AN ACTION AGAINST THE ABOVE-NAMED DEFENDANTS. Date: Prothonotary Commonwealth of Pennsylvania County of Cumberland RALPH D. CABLE and JANET M. CABLE Court of Common Pleas V& No. -----2 304-46471-Gdrvi- ------------- 19 PILOT TRAVEL CENTERS LLC 342 Civil Action - Law and PILOT TRAVEL CENTERS LLC In --------------------- -_------------- 1165 Harrisburg Pike Carlisle, PA 17013 To -_-P1Qt-Travel Centers LLC 342-and Pilot Travel Centers LLC You are hereby notified that Ralph D. Cable and Janet M. Cable -------------------------------------------------------------------------------------------------- the Plaintiff s ha Wmmenced an action in __Civil- Action_ - Law -------------------------------- against you which you are required to defend or a default judgment may be entered against you. (SEAL) ------ -- - - --- ----------------- onotal Date ---- oeeefftber-2-?---2?X4 ----- 19---- By ------------------------------------- Deputy r t t + t t + + t O -4115 H I + t t rr mw 0 t cn N r I c,?q i F-' fi W H r t 1 t o rF H t i11 t 1 -*t: 1 o H T I t Ln w t t N U1 e t r 1 1 t TZ ro aN b° N ?3 O ADi (?D }-' B C) t(D r`7 Ui rF C' w N s? r? ? d nn F- f 0 1 1 I I t 1 IN IQ 10 ?o iH 1 If-? 1 i0 t 1 CASE NO: 2004-06071 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CABLE RALPH D ET AL VS PILOT TRAVEL CENTERS LLC ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PILOT TRAVEL CENTERS LLC 342 DEFENDANT the at 1712:00 HOURS, on the 6th day of December , 2004 at 1165 HARRISBURG PIKE CARLISLE, PA 17013 SHERRIE EVANS, MANAGER, by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this /p day of A.D. So Answers: R. Thomas Kline 12/07/2004 ROSEN ROSEN BLOOM VARSEK By: Deputy Sher ff Prothonotary ' -. CASE NO: 2004-06071 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CABLE RALPH D ET AL VS PILOT TRAVEL CENTERS LLC ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS PILOT TRAVEL CENTERS LLC was served upon the DEFENDANT , at 1712:00 HOURS, on the 6th day of December-, 2004 at 1165 HARRISBURG PIKE CARLISLE, PA 17013 by handing to SHERRI EVANS, MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before 91 me this day of 1?, Z c2Z5J A.D. So Answers: R. Thomas Kline 12/07/2004 ROSEN ROSEN BLOOM VARSEK By: Deputy Sherif Prothonotary' Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZ.MAN, P.C. 320 Market Street Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner RALPH D. CABLE and JANET M. CABLE, Plaintiffs VS. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004 - 6071 CIVIL PETITION TO INTERVENE Petitioner, Zurich American Insurance Company by and through its attorneys, Goldberg Katzman, P.C. hereby files this Petition for Intervention pursuant to Pennsylvania Rule of Procedure 2326 et. seq. 1. Petitioner Zurich American Insurance Company (hereinafter Zurich) is a business corporation located at 1400 American Lane, Schaumburg, Illinois 60196- 1056, in the business of providing insurance policies. 2. Zurich provided workers' compensation insurance benefits to Ralph D. Cable, the Plaintiff in the above-captioned matter arising from a work-related injury sustained by Ralph Cable on or about December 8, 2002. 3. Zurich has paid Plaintiff $2,337.50 in wage benefits and $4,232.85 in medical benefits for a total lien in the amount of $6,570.35 for the work-related injury. 4. Ralph Cable filed this action against the Defendants, claiming the injuries giving rise to the payment of the workers' compensation benefits set forth above arose from negligence of the Defendants. 5. Pursuant to 77 Pa.C.S.A. 671 of the Pennsylvania Worker's Compensation Act, Zurich has an absolute right of subrogation to the proceeds of any settlement or judgment Ralph Cable receives from the Defendants in the above- captioned matter. 6. Zurich respectfully petitions to intervene in the above-captioned matter in order to protect its significant subrogation interests. 7. Zurich does not plan to file any pleadings in the above-captioned matter. 8. Intervention by Zurich will not unduly delay or prejudice the trial or the adjudication of the rights of the parties. Zurich does not plan to perform any discovery and this Petition will not delay the proceedings. WHEREFORE, Petitioner Zurich American Insurance Company, respectfully requests that its Petition for Intervention be granted. -2- GOLDBERG KATZMAN, P.C. Date: 1, 12, '2-c-lc)s By Thomas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 320 Market Street, Strawberry Square P.O. Box 1268 I Iarrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner Zurich American Insurance Company, Inc. -3- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Petition for Intervention by U.S. First Class Mail, postage prepaid, upon counsel and addressed as follows: F. Walter Bloom III, Esquire 207 Seneca Street PO Box B Oil City, PA 16301 Pilot Travel Center 1165 Harrisburg Pike Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. By: Angela A, Run, Legal Secretary Date: July 12, 2005 123548.1 -4- N ? 'tl cs fil r cri P tV ? _; - `5 RECEIVED JUL 18 2005 RALPH D. CABLE and JANET M. CABLE, Plaintiffs :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs, PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants NO. 2004 - 6071 CIVIL RULE TO SHOW CAUSE AND NOW, this W day of July, 2005, the parties are directed to show cause why the Petition to Intervene should not be granted. Rule returnable 20 days from service. BY THE COURT: S ) ? rxq 0Z ?;JF S[07 w Thomas E. Brenner, Esquire Carly J. Wismer, Esquire GOLDBERG KATZMAN, P.C. 320 Market Street Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Petitioner RALPH D. CABLE and JANET M. CABLE, Plaintiffs VS. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants :IN THE COURT OF COMMON YLhAJ :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2004 - 6071 CIVIL MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Zurich American Insurance Company, by their attorneys, Goldberg Katzman, P.C., who state: 1. By Order of the Honorable Kevin A. Hess of July 20, 2005, this Court directed the parties to show cause why Petitioner's Petition to Intervene should not be granted. 2. The parties have not responded or shown why the Petition to Intervene should not be granted. WI IEREFORE, Petitioner requests the Court: enter an Order making the Rule Absolute and granting Petitioner's request to intervene in the above captioned matter. GOLDI3ERG KATZMAN, P.C. Thomas E. Brenner, Esquire ID # 3'2085 Carly J. Wismer, Esquire Attorney ID #92598 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorn? for Petitioner Date: September 2, 2005 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing document by U.S. First Class Mail, postage prepaid, upon counsel and addressed as follows: F. Walter Bloom III, Esquire 207 Seneca Street PO Box B Oil City, PA 16301 Pilot Travel Center 1165 Harrisburg Pike Carlisle, PA 17013 GOLDB73RG KATZMAN, P.C. By: Thomas E. Brenner Date: September 2, 2005 N _ C7 { pQer.-..,. _ qq RALPH D. CABLE and JANET M. CABLE, Plaintiffs :IN THE COURT Or COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants :NO. 2004 - 6071 CIVIL ORDER AND NOW, this IV day of September, 2005, as the Parties have not opposed the Rule to Show Cause, the Rule is made absolute and the Petitioner's request to intervene in the above captioned matter is GRANTED. BY TI IE COURT: Oq YNM?,?? 9© :h Wd 9! d3S SU0l A'tKMiQN0 I.! gad 3H1 3O 30UA. 1H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants No. 2004-6071 CIVIL NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the 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 against 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants No.2004-6071 CIVIL COMPLAINT AND NOW come the Plaintiffs, Ralph D. Cable and his wife, Janet M. Cable, by and through their counsel, ROSEN, ROSEN, BLOOM & VARSEK, to file their Complaint, averring in support thereof as follows: 1. The Plaintiffs, Ralph D. Cable and Janet M. Cable, are individuals, suijuris, residents of the Commonwealth of Pennsylvania with their primary residence situate at 423 Pacific Street, Franklin, Venango County, Pennsylvania 16301. 2. The Defendants are Pilot Travel Centers LLC 342 and Pilot Travel Centers LLC, and are limited licensed corporations, organized and existing under the laws of the Commonwealth of Pennsylvania with a place for the conduct of their business at 1165 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. At all times the Defendants' owned and operated a travel center devoted to the sale of gasoline and other related products to accommodate the motoring and traveling public including tractor trailer operators. 4. It is believed and, therefore, averred that the Defendants or either of them share the care, supervision, control and maintenance of the Pilot Travel Center Facility situate in Carlisle, Pennsylvania. 5. On or about December 8, 2002, at approximate 9:50 p.m., the Plaintiff, Ralph D. Cable, entered said Pilot Travel Center facility for the purpose of purchasing items for sale and to utilize the men's bathroom. COUNT I - TRESPASS Ralph D. Cable v. All Defendants 6. Plaintiffs hereby incorporate by reference paragraphs 1 through 5, inclusive, as though fully set forth herein at length. 7. On or about December 8, 2002, at approximate 9:50 p.m., Plaintiff, Ralph D. Cable, was a business visitor to the store and as he entered the store and proceeded toward the men's bathroom, there existed an accumulation of water md/or liquid upon the floor which caused Plaintiff to slip, stumble and strike a corner of a wall resulting in serious and permanent injuries as set forth below. 8. The accident and injuries were caused exclusively and solely by the Defendants' negligence, carelessness and recklessness in that: (a) Defendants caused or permitted water and/or liquid to accumulate upon the floor at a point where it posed an unreasonable risk of injury to Plaintiff and other business visitors; (b) Defendants failed to make a reasonable inspection of the floor which would have revealed the existence of the dangerous condition posed by the accumulation of water; (c) Defendants failed to give warning of the dangerous condition posed by the accumulation of water, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business visitors; (d) Defendants failed to remove the accumulated water from the floor and keep the floor clear of water; (e) The Defendants otherwise failed to exercise, due care in the maintenance of its premises. 9. Solely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff, Ralph D. Cable, sustained, inter alia, serious, severe and permanent injuries to his lumbar spine and right shoulder, including: (a) Right shoulder impingement syndrome; (b) Aggravation of underlying lumbar degenerative disease; and (c) Aggravation of underlying lumbar radioculapathy at the L-5 level. 10. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of the Defendants, their agents, servants and/or employees, Ralph D. Cable has suffered and continues to suffer from considerable pain and inconvenience, embarrassment, humiliation and mental anguish. 11. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of the Defendants, their agents, servants and/or employees, Ralph D. Cable has suffered an interruption of his daily habits, pursuits and enjoyment of life to his great detriment and loss, and has sustained a permanent diminution of his ability to enjoy life and life's pleasures. 12. As the direct and proximate result of the aforesaid negligence, carelessness and recklessness of the Defendants, their agents, servants and/or employees, Ralph D. Cable has incurred direct economic losses, including wage loss and earnings and future earning capacity; expenses for medical treatment and physical therapy, and will incur future expenses for medical treatment and physical therapy in an unascertained amount. WHEREFORE, Plaintiff, Ralph D. Cable, demands judgment against all Defendants for compensatory damages in an amount exceeding $35,000.00, exclusive of interest and costs. COUNT II - LOSS OF CONSORTIUM Janet M. Cable v. All Defendants 13. Plaintiffs hereby incorporate by reference, paragraph 1 through 13, inclusive, as though fully set forth herein at length. 14. As a result of the injuries sustained by her husband, Plaintiff, Janet M. Cable, has been deprived of her husband's aid, contributions, comfort, society, companionship and affection to her great detriment and loss. 15. As a result of the injuries sustained by her husband, Mrs. Cable has suffered an interruption of her daily habits, pursuits and enjoyment of life to her great detriment and loss. 16. As a result of the injuries sustained by her husband, Mrs. Cable may incur in the future, expenses for medical treatment and physical therapy for her husband's injuries in an amount yet ascertained. WHEREFORE, Plaintiff Janet M. Cable demands judgment against all Defendants for compensatory damages in an amount exceeding $35,000.00, exclusive of interest and costs. PLAINTIFFS HEREBY DEMAND A JURY TRIAL. Respectfully submitted, ROSEN, ROSEN, BI,,0OM & V By F. Walter Bloom, III 207 Seneca Street Oil City, PA 16301 Telephone: (814) 677-3094 Facsimile: (814) 677-5102 Sup. Ct. L D. No.: 01532 Counsel for Plaintiffs VERIFICATION We, Ralph D. Cable and Janet M. Cable, verify that the statements made in the foregoing Complaint at Law are true and correct. We understand that false statements herein are made subject to the penaities of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 'WOO, anet M. Cable ? I I, T CJ1 :i - - c ? i 'o ) t;l C_i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RALPH D. CABLE and JANET M. CABLE, Plaintiffs v. -?o JI No.: 2004-5071- CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants ENTRY OF APPEARANCE To: Curtis R. Long, Prothonotary Please enter the appearance of Tames D. Young, Esquire on behalf of Defendants in the above-referenced matter. DATE: I11 13 Or Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. r1 By: \, ? [w 4 Taung, quire 22?Market Street, Sui e 04 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendants k CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm. of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this day of December, 2005, I served a true and correct copy of the foregoing Entry of Appearance via U.S. First Class mail, postage prepaid, addressed as follows: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 to James D. Young, Esquire ._, ,_ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. No.: 2004-6071- CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants STIPULATION OF COUNSEL It is hereby stipulated by and between the undersigned counsel that paragraph 8(e) of Plaintiffs' Complaint is hereby dismissed with prejudice. Respectfully submitted, Rosen, Rosen, Bloom & Varsek By: Walter Bloom, III, Esquire 207 Seneca Street Oil City, PA 16301 (814) 677-3094 (telephone) (814) 677-5102 (facsimile) Attys for Plaintiffs Lavery, Faherty, Young & Patterson, P.C. Jarji s D. Yo4g, Esquire 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 ivoun¢Qlavervlaw.com Attys for Defendants Goldberg, Katzman i T .cmas E. Brenner, Esquire Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (telephone) (717) 234-6810 (facsimile) teb@gkslaw.com Attys for Intervener -> -, -? : .?. r;,,- ?, _, _._ <: L' Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JAN 0 5 2006 i ? RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. No.: 20046071- CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants ORDER ?„+an?N tac ? And now, this 9 day of Becember, 2805, the Stipulation of Counsel is hereby approved and paragraph 8(e) of Plaintiffs' Complaint is hereby dismissed with prejudice. BY THE COURT: ?O? --x - 41,z J. r i •S ,',J G - f" 'r{' S)ril 71 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. No.: 2004-5071 - CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants NOTICE TO PLEAD To: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment maybe entered against you. Lavery, Faherty, Young & Patterson, P.C. Date: 3 Z3I D? By: W D es D. Youn , uire Attorney for fendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. No.: 2004-6071 - CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, come Defendant, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC, by and through their attorneys, Lavery, Faherty, Young & Patterson, P.C., and file this Answer with New Matter to Plaintiffs' Complaint and in support thereof aver as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. 2. Admitted. 3. Denied as stated. Since the phrase "at all times" is not defined in paragraph 3 of Plaintiffs' Complaint and the situs of the travel center is not identified, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 3 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. 2 4. Admitted. 5. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 5 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. COUNT 1 - TRESPASS RALPH D. CABLE v. ALL DEFENDANTS 6. Defendants incorporate by reference the averments of paragraphs 1 through 5 of their Answer with New Matter to Plaintiffs' Complaint as if fully set forth at length herein. 7. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. To the extent that further answer may be deemed appropriate, it is denied that there was any hazardous and/or dangerous condition as alleged and it is further denied that Defendants caused any injuries and/or damages to Plaintiffs as alleged. 8. Denied. Defendants are advised by counsel and therefore aver that the allegations of paragraphs 8 (a) through (e) of Plaintiffs' Complaint constitute conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further answer, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. To the extent that further answer may be deemed appropriate, paragraph 8(e) of Plaintiffs' Complaint was dismissed with prejudice pursuant to Judge Hess's January 9, 2006 Court Order. 9. Denied. Defendants are advised by counsel and therefore aver that the allegations of paragraph 9 of Plaintiffs' Complaint constitute conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore 3 denied. By way of further answer, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. 10. Denied. Defendants are advised by counsel and therefore aver that the allegations of paragraph 10 of Plaintiffs' Complaint constitute conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further answer, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. 11. Denied. Defendants are advised by counsel and therefore aver that the allegations of paragraph 11 of Plaintiffs' Complaint constitute conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further answer, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. 11 Denied. Defendants are advised by counsel and therefore aver that the allegations of paragraph 12 of Plaintiffs' Complaint constitute conclusions of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further answer, these averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC respectfully request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in their favor. 4 COUNT If - LOSS OF CONSORTIUM JANET M. CABLE v. ALL DEFENDANTS 13. Defendants incorporate by reference the averments of paragraphs 1 through 12 of their Answer with New Matter to Plaintiffs' Complaint as if fully set forth at length herein. 14. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 14 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. 15. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 15 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. 16. Denied. These averments are denied pursuant to Rule 1029(e), Pennsylvania Rules of Civil Procedure. By way of further answer, after reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 16 of Plaintiffs' Complaint and the same are therefore denied with strict proof demanded, if relevant. WHEREFORE, Defendant, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC respectfully request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in their favor. 5 NEW MATTER 17. The foregoing averments contained in paragraphs 1 through 16 of this answer are incorporated herein by reference as though set forth in full. 18. The complaint fails to assert claims or causes of action for which relief may be granted against Defendants, as a matter of law. 19. Plaintiff's injuries, if proven, were the result of Plaintiff's failure to exercise appropriate attention to his path of travel. 20. Defendants were not negligent. 21. Defendants' agents, servants, employees and/or designees were not negligent. 22. Any acts or omissions of Defendant and/or Defendants' agents, servants, employees and/or designees alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff 23. The incident and/or damages described in the Plaintiffs' complaint were caused or contributed to by the Plaintiff. 24. Plaintiff was contributorily negligent. 25. Plaintiff's negligence exceeds that of Defendant and/or Defendants' agents, servants, employees and/or designees, if such negligence is proven. 26. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 27. Plaintiff may have assumed the risk of injury. 28. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Defendants. 6 29. Defendants did not have notice, actual or constructive, written or otherwise, of any allegedly dangerous and/or defective condition of the floor. 30. Plaintiffs may not have properly mitigated their alleged damages. 31. The peril or danger of which Plaintiff complains, to the extent it existed, which Defendants deny, was open and obviously known to the Plaintiff, who nevertheless conducted herself in such a manner as to expose himself to said peril or danger. 32. The claims asserted in the plaintiff's complaint may be barred and/or limited by the statute of limitations. 33. The claims asserted in the plaintiff's complaint may be barred and/or limited by accord and satisfaction, payment and/or release. 34. The complaint fails to assert any cognizable claims for loss of consortium on behalf of Plaintiff, Janet M. Cable. WHEREFORE, Defendant, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC respectfully request that this Honorable Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in their favor. DATE: ?)?Z3 n Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By. ?' es D. %- m ire 225 Markete 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendants 7 VERIFICATION James D. Young, Esquire, hereby states that he is counsel for Defendants, and that the statements made in the foregoing Answer are true and correct to the best of his knowledge, information and belief, based upon client interviews and review of documents relevant to the claims and defenses herein. This attorney's Verification is being executed pursuant to Rule 1024(c), Pennsylvania Rules of Civil Procedure, because Respondent's representative is unavailable to provide a Verification within the time allowed for filing the pleading. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: 3 (13 6 8 CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law (firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this ;5 day of March, 2006, I served a true and correct copy of the foregoing Answer with New Matter via U.S. First Class mail, postage prepaid, addressed as follows: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 to James D. Young, Esquire 9 71 --J i J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs • coq I V. No.: 2004.5671- CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC _ Defendants DEFENDANTS' MOTION TO COMPEL PLAINTIFFS' ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, come Defendants, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC, by and through their counsel, Lavery, Faherty, Young & Patterson, P.C., and file this Motion to Compel Plaintiffs' Answers to Interrogatories and Responses to Request for Production of Documents and in support thereof aver as follows: 1. Plaintiffs, Ralph D. Cable and Janet M. Cable, husband and wife, initiated this civil action by filing a Writ of Summons. 2. Plaintiffs filed a Complaint on or about November 15, 2005 asserting claims sounding in negligence arising out of an alleged incident on December 8, 2002 at Defendants' Carlisle facility. 3. By cover letter dated December 27, 2005, Defendants served interrogatories and a request for production of documents upon the Plaintiffs. True and correct copies of the December, 2005 cover letter, Defendants interrogatories and Defendants' Request for Production of Documents are attached hereto, incorporated herein by reference and marked as Exhibit "A". 4. Plaintiffs did not provide responses to Defendants' discovery requests within 30 days as required by Rule 4006, Pennsylvania Rules of Civil Procedure. 5. On March 29, 2006, defense counsel wrote to Plaintiffs' counsel inquiring as . to the status of Plaintiffs' delinquent discovery responses. A true and correct copy of the , . March 29, 2006 correspondence to Plaintiffs' counsel is attached hereto, incorporated herein by reference and marked as Exhibit "B". 6. Plaintiffs' counsel did not respond to the March 29, 2006 correspondence. 7. On May 30, 2006, Defendants' counsel sent a second letter to Plaintiffs' counsel requesting that he provide Plaintiffs' responses to the outstanding discovery requests with fifteen (15) days or Defendants would be constrained to file a Motion to Compel with the Court. A true and correct copy of the May 30, 2006 correspondence to Plaintiffs' counsel is attached hereto, incorporated herein by reference and marked as Exhibit "C". 8. Plaintiffs have never requested an extension of time to respond to the Defendants' discovery requests and have not yet provided responses and/or objections to the Defendants' discovery requests. 2 A 9. As a result of Plaintiffs' failure to provide responses to Defendants' discovery requests, the Defendants have been severely prejudiced in the preparation of their defense to this claim. In that regard, Defendants can not ascertain the nature and extent of Plaintiffs' claimed injuries and/or damages; can not complete the Plaintiffs' deposition; and can not properly evaluate this claim without Plaintiffs' responses to the written discovery requests. WHEREFORE, Defendants respectfully request that this Honorable Court grant their Motion to Compel and enter the accompanying Court Order. Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By. 17 / ';'v - i j s D. Young, s uire 225 Market Street, uite 304 P.O. Box 1245 DATE. Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendants 3 EXHIBIT "A" December 30, 2005 Curtis R. Long, Prothonotary Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Cable, Ralph, et al. v. Pilot Travel Centers LLC 342 et al. Our File No: 1553-002968 Court/ Docket No: 2004-5071 Dear Mr. Long: Enclosed please find the original and six copies of Stipulation of Counsel and Proposed Order in the above-referenced matter. Please file the original, time stamp the extra copies and return same to counsel in the envelopes provided. Thank you for your cooperation. Very truly yours, n /1" _-? \ CJ James D. Yo g JDY/mlr Enclosure cc: F. Walter Bloom, III, Esquire (w/encl.) Thomas E. Brenner, Esquire (w/encl.) A T T O R N E Y S- A T- L A W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. No.: 2004-5071 - CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants DEFENDANTS' REOUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFFS (FIRST SET) PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and other purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the office of the counsel for the requesting party, or at such other location as may be mutually agreeable between counsel for you and counsel for the requesting party, not less than thirty (30) days after service of these requests, documents herein cited. The word "document" or "documents" as herein used includes but is not limited to photographs, video tapes, drawings, reports, statements and memoranda, as well as all other documents as defined in the Rules. 1. All documents in your possession, control or custody constituting, relating to, or pertaining to the documents identified in response to Defendants' Interrogatories. 2. All medical bills, reports, records, and x-rays, relating to the injuries allegedly sustained in the occurrence described in the Complaint, as well as all medical bills, records, and reports relating to prior or subsequent injuries to the same parts of the body claimed by Plaintiff to have been injured in the occurrence described in the Complaint. 3. All employee reports, records, tax returns, attendance records, and wage statements relating to the claim of loss of income as a result of the occurrence in Plaintiffs Complaint. 4. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation, or your attorney's investigation into the incident involved. (You need not supply any attorney's "work product" or other material which is specifically accepted as privileged by the above Rules). 5. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions or opinions respecting the value or merit of the claim or defense. 6. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements memoranda, or recordings made by parties to this lawsuit or their representative. 7. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements signed or otherwise adopted or approved by the person making it or stenographic, mechanical, electrical, or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pennsylvania Rules of Civil Procedure No. 4003.4. 2 I } 8. To the extent that you have not already provided the same, copies of all records, documents and memoranda, which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 9. To the extent not already provided, all reports of those experts who are to be called by you as witnesses at trial, which reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 10. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. 11. To the extent not already provided, all photographs, diagrams, maps, surveys, plans and models of the site of the incident in question that are in your possession- 12. To the extent not already provided, all documents containing the names and addresses of witnesses or potential witnesses with the exception of material described above, specifically correspondence privileged by the above rules. 13. To the extent not already provided, all property damage estimates relating to the claims in the Complaint. 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 3 Respectfully submitted, DATE: 1 Z 12g10, Lavery, Faherty, Young & Patterson, P.C. (; M 4A By: J es D. Young s ' e 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendants 4 CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this (lay of December, 2005, I served a true and correct copy of the foregoing DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFFS (FIRST SET), via U.S. First Class mail, postage prepaid, addressed as follows: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 Attorneys for Plaintiffs Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Intervener, Oregon Insurance Company i g . Renno eg y Secretary to James D. Young, Esquire 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs 10071 V. No.: 2004-6&7t -CIVIL PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants DEFENDANTS' INTERROGATORIES ADDRESSED TO PLAINTIFFS (FIRST SET) 1. State whether you had been on the premises operated by the Defendant on occasions prior to the incident in question? If so, state: (a) the approximate number of prior visits; and (b) the date of your last visit immediately prior to the date of the accident. ANSWER: 1 2. At what time of day did the accident occur? ANSWER: I Describe the area where the accident took place. ANSWER: 4. At the time of the accident, was the area: (a) well lighted, (b) moderately lighted; or (c) dark. ANSWER: 2 5. Describe the shoes you were wearing at the time of the accident, indicating: (a) type; (b) height of heel; (c) material of heel; (d) material of sole; (e) age; and (f) condition. ANSWER: 6. Have you ever wom or needed glasses? ANSWER: 3 7. If so, state: (a) the date you first began to wear and need them; (b) whether you had glasses on at the time of the incident; (c) whether they were your regular glasses or sun glasses; (d) description of the condition which required the use of the glasses; (e) the date of your last prescription change before the accident; (f) the date of your first prescription change after the accident; and (g) the name and address of each person who fit you with glasses. ANSWER: 4 8. Were you carrying anything at the time of the incident? If so, for each such item state: (a) a description of it; (b) the size of it, including the shape, length, depth and height; and (c) whether your vision was in any way obstructed or impaired by such item, and if so, the extent of the obstruction or impairment. ANSWER: 5 9. To the extent known to you, your attorney, or any other representative, set forth the name, home and business, place of employment, telephone number, job capacity and whereabouts of the following: (a) those persons having any knowledge or information pertaining to the facts giving rise to this suit; (b) those persons having any knowledge pertaining to the circumstances or manner of happenings relevant to the injuries sustained by you; (c) any of those persons listed above who have given you written statements concerning the accident and injuries and the date such statements were obtained; (d) any of those persons listed above who have given you oral statements concerning the facts giving rise to this suit and the date said statements were obtained; and (e) the name, address and occupation, and present whereabouts of all persons who have present custody or control of said statements. ANSWER: 10. If any of the persons listed in response to the foregoing interrogatory are your acquaintance or are related to you, state the nature of such acquaintance or relationship, and length thereof. ANSWER: 6 11. State the following information regarding the Plaintiff: (a) full name; (b) social security number, (c) date and place of birth; (d) present home address; (e) complete address of all residences and the dates of each such residences; (f) marital status at the time the incident on which this suit is based, and if married, the name and present address of spouse; (g) marital status now, and if married, the name and present address of spouse; and (h) occupation and employer. ANSWER: 7 12. What is the name and last known address and the present whereabouts, if known, of each person who is known or believed to have witnessed the accident? ANSWER: 13. With respect to each of the aforesaid witnesses, state the following information: (a) his exact location at the time of the incident; (b) his activities at the time of the incident; and (c) the nature of his knowledge or information. ANSWER: 8 14. Give the name, last known address and present whereabouts, if known, of all witnesses, including expert witnesses, who were not named in the answer to the preceding interrogatories, whether or not you intend to call said witness at the trial of this case. ANSWER: 15. With reference to all expert witnesses listed in your answers to the above interrogatories, state the following as to each: (a) the subject matter on which the expert is expected to testify; (b) the substance of the facts and opinions to which the expert is expected to testify, and (c) a summary of the grounds for each opinion. ANSWER: 9 16. Are you or is anyone acting in your behalf in possession of any photographs of the locale and surrounding area of the site of the incident, of the instrumentalities, or any other matters or things involved in this action? ANSWER: 17. If your answer to the preceding interrogatory is in the affirmative, state: (a) the date(s) on which the photographs were taken; (b) the name and address of the party taking the photographs; (c) where they were taken; (d) the object(s) or subject(s) or the particular site(s) each photograph represents; and (e) the present whereabouts of the photographs and the name and address of whomever is in present possession or custody thereof. ANSWER: 10 18. State whether any plans, drawings, blueprints, sketches or diagrams exist or were made of the site of the incident involved in this action or any other matter involved in this action and, if so, state: (a) the identify of each said plan, drawing, blueprint, sketch or diagram by subject matter, (b) the date and time of day each of the same were made; and (c) the name and address of parties making the same and having custody of the plans, drawings, blueprints, sketches or diagrams. ANSWER: 19. State the names and addresses of all educational institutions ever attended by you, indicating the periods of attendance at each, whether or not you graduated, degrees received, if any, and the dates they were awarded. ANSWER: 11 20. Describe in detail all injuries, illnesses, or disabilities you claim to have received or suffered as a result of the incident alleged in the Complaint and state when such injuries, illnesses or disabilities first manifested themselves. ANSWER: 21. With respect to each such claimed injury, illness or disability, state whether or not you have fully recovered therefrom and, if so, state the approximate date upon which recovery was complete and if not, state in what respect you are still bothered and when it is contemplated that recovery will be complete or whether it will be claimed that such injury, illness or disability will be permanent. ANSWER: 12 22. State the names and addresses of each hospital, clinic or other institution to which you have gone for examination and/or treatment of the injuries, illnesses or disabilities alleged to have been received as a result of the incident involved in this action. Beside each hospital, clinic or institution given in the answer to this interrogatory, set forth the date(s) on which you were admitted to each, length of time spent there, and treatment given, if any. ANSWER: 23. Set forth individually the amount of each bill rendered by the hospital, clinic or institution given in answer to the preceding interrogatory, indicating which have been paid and by whom. ANSWER: 13 24. State the names and addresses of each doctor, physician, nurse or other medical provider who has examined and/or treated you for injuries, illnesses or disabilities alleged to have been received as a result of the incident involved in this action. Beside each person, state the length of time you were attended by such person and the dates of all visits and the treatment given, if any. ANSWER: 25. Set forth individually the amount of every bill rendered by each person named in answer to the preceding interrogatory and indicate which have been paid and by whom. ANSWER: 14 26. If any x-rays were taken because of the incident alleged in this action, state the names and addresses of each person who took the x-rays, the dates on which the x-rays were taken, the portion of the body shown on each x-ray, the findings given in the reports of the x-rays, the amount of each bill rendered, and indicate which have been paid and by whom. ANSWER: 27. Are you still under a doctor's treatment for injuries, illnesses or disabilities alleged to have been received in the incident involved in this action? If so, by whom and how frequently are such treatments given? ANSWER: 15 28. Were you required to wear any support, cast, brace, prosthesis or other device or garment as a result of the injuries, illnesses or disabilities alleged to have been suffered by reason of the incident alleged in this action? ANSWER: 29. If so, describe the same and state the name and address of the person from whom you purchased or rented, the cost thereof, and period during which you were required to wear or use the same. ANSWER: 16 30. State: (a) the dates you were confined to bed at home; and (b) the dates you were confined to your house as a result of any injury, illness or disability alleged to have been sustained by reason of the incident involved in this action. ANSWER: 31. Have you suffered any injuries in any accident either prior to or subsequent to the incident referred to in this action? If so, state: (a) the date and place of such injuries; (b) a detailed description of all the injuries received; (c) the names and addresses of any hospitals rendering treatment; (d) the names and addresses of all physicians, surgeons, osteopaths, chiropractors, or other medical practitioners rendering treatment; (e) the nature and extent of recovery and if any permanent disability was suffered, the nature and extent of the permanent disability; and (f) if you were compensated in any manner for such injuries, state the name and address of each and every person or organization paying such compensation and the amount thereof. ANSWER: 17 32. State whether you had any disease, deformity or impairment prior to the incident involved in this action which in any way whatsoever affected those parts of the body injured as a result of the incident herein involved. If so, indicate the nature of any such disease, deformity or impairment and give the names and addresses of any hospital or institution to which you have gone for treatment and/or examination and the dates thereof, and the name and address of any doctor or other person to whom you have gone for treatment and/or visits, and the treatment given, if any. ANSWER: 18 33. State the name, address and approximate date of examination and/or treatment for any physicians who have examined and/or treated you within the five (5) year period preceding the happening of the incident sued on herein, and with respect to each, please state the occasion of each exam and/or treatment and the illness, disease and injury or condition of which examination was made and/or treatment received. ANSWER: 19 34. State for the period of ten (10) years preceding the accident sued on herein, the name and address of any hospital and/or institution to which you have been admitted for medical care or operation or treatment and please state when you were admitted to each and when you were discharged, the purpose of each such admission and the name and address of the doctor or other person primarily in charge of such admission and/or treatment. ANSWER: 20 35. What had been the general condition of your health during each of the ten (10) years preceding the incident involved in this action? ANSWER: 36. If the general condition of your health during the last ten (10) years was other than nonnal in any respect, describe the details. ANSWER: 21 37. Do you or your attorney have medical reports from any of the persons who treated or examined you for the injuries, illnesses or disabilities which are the basis of this action? If you will voluntarily produce copies of these medical reports without the necessity of a motion for their production, please attach copies hereto. ANSWER: 38. Have you been absent from employment at any time since the date of the incident set forth in the Complaint? If so, state: (a) the dates of all absences from employment and the reasons therefor, (b) the name and address of the employer; and (c) the rate of pay on the dates of such absences, whether pay was received for the dates of absences and if so, for what reason. ANSWER: 99 39. Had you been absent from employment at any time during the five (5) year period immediately prior to the date of the incident set forth in the Complaint? If so, state: (a) the dates of all absences from employment and the reasons therefor; (b) the name and address of the employer; and (c) the rate of pay on the dates of such absences, whether pay was received for the dates of absences and if so, for what reason. ANSWER: 40. Have you ever been discharged from or voluntarily left employment or changed residence due to health or because of a specific injury, illness or disability? If so, state in detail: as to each such instance: (a) the date thereof, (b) the employment from which discharged or which left or the address of the residence left, as the case may be; (c) the new employment or address; and (d) the circumstances surrounding such change. ANSWER: 23 41. Have you ever suffered from or received treatment for: (a) double vision; (b) blurred vision; (c) instability of balance; (d) infection or disease of the inner ear; (e) vertigo; (f) dizzy spells; (g) fainting spells; (h) epilepsy; (i) heart disease; 0) apoplexy; (k) paralysis; (1) high blood pressure; (m) diabetes; (n) brain or nervous disorder; (o) muscular disorder; and/or (p) obesity. ANSWER: 24 42. If so, for each such disorder, state: (a) a description of the disorder; (b) the date of your last attack immediately prior to the incident; (c) the name and address of each medical practitioner who examined or treated you for the disorder; (d) a description of the treatment you received; and (e) whether you were under treatment at the time of the accident. ANSWER: 43. Did you take any medication or drug, or consume any alcoholic beverages within the twenty-four-(24) hour period prior to the incident at issue? ANSWER: 25 44. Was an inspection made of the accident scene by you or anyone acting in your behalf after the accident? If so, for each inspection, state: (a) the date it was made; (b) the name, address and occupation of each person who made it; (c) whether a written report was made, and if so, the name and address of the person having custody of the same; and (d) the substance of any report. ANSWER: 26 45. Have you ever made a claim against anyone for damages as the result of personal injuries other than the present action? If so, for each claim, state: (a) the date it was made; (b) the name and address of the person or entity against whom the claim was made; (c) whether an action was filed, and if so: 1. the date it was filed; 2. the address and title of the court in which it was filed; 3. the file and docket number of the action; 4. the disposition of the action; and (d) the amount of any judgment or settlement. ANSWER: 27 46. What has been the nature of your work during the past ten (10) years? ANSWER: 47. As of the date of the accident, state your: (a) age and date of birth; (b) height; and (c) weight. ANSWER: DATE: /Z 24ar Respectfully submitted, Lavery, Faherty, Young & Patterson, P.C. By: 28 J,-(p6s D. Younos4Are 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) Atty No. PA53904 jyoung@laverylaw.com Attys for Defendants CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this -J-)t dl ay of December, 2005, I served a true and correct copy of the foregoing INTERROGATORIES ADDRESSED TO PLAINTIFFS, via U.S. First Class mail, postage prepaid, addressed as follows: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 Attorneys for Plaintiffs Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Intervener, Oregon Insurance Company Le*l Secretary to James D. Young, Esquire 29 EXHIBIT "B" 71 T; rLX: . ; jj i` - 70_';;: e-mail: a Tys@layefylaw.co ;; March 29, 2006 www,iaveryiaw.com F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 RE: Cable, Ralyh, et al. v. Pilot Travel Centers LLC 342 et al Our File No: 1553-002968 Date of Loss: 12/8/2002 Bureau Claim No: 2004-5071 Dear Attorney Bloom I would like to move the matter forward to a resolution, one way or the other. In reviewing my file, I note that there were some settlement negotiations which took place prior to my involvement in this litigation. It appears to me that the parties were quite far apart in their respective evaluations of the value of this claim if it proceeded to trial before a Cumberland County jury. Please advise whether any further settlement discussions would be fruitful at this time. In order to properly evaluate this claim and in order to proceed to depositions, I need your clients' responses to our outstanding -discovery requests. Please advise as to when Plaintiffs' Answers to Defendants' Interrogatories m Response to Defendants' Request for Production of Documents will be forthcoming. Thank you in advance for your cooperation. Please do not hesitate to contact me if you have any questions concerning the foregoing of if you wish to discuss any other aspect of this claim Very truly JDY/lsw cc: Bill Beuchat (Claim No. 6C2002017371) Thomas E. Brenner, Esquire EXHIBIT "C" 225 Market Street Suite 30< e ^ C? ZO t I ),i,5 (E V; May 30, 2006 F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 RE: Cable, Ralph, et al. v. Pilot Travel Centers LLC 342 et al. Our File No: 1553-002968 Court/ Docket No: 2004-5071 Dear Attorney Bloom: On March 29, 2006, I wrote to you with respect to the settlement negotiations which had taken place prior to my involvement in this matter and with respect to our outstanding discovery requests. I am enclosing another copy of my March 29, 2006 correspondence. To date, I have not received a response to my correspondence. Please provide plaintiff's responses to our written discovery within the next 15 days or I will be constrained to file a motion to compel with the courts. If there is some problem in responding to our discovery requests, then please advise. Thank you in advance for your cooperation. Please do not hesitate to contact me if you have any questions concerning the foregoing or if you wish to discuss any other aspect of this claim. Very truly yours, es D. Yo g j ? JDY/mlr Enclosure cc: Bill Beuchat (Claim No. 6C2002017371) (w/encl.) Thomas E. Brenner, Esquire (w/encl.) f M CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the la firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on thisDo day of June, 2006, I served a true and correct copy of the foregoing Motion to Compel via U.S. First Class mail, postage prepaid, addressed as follows: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 et. Renno Secretary to James D. Young, Esquire 4 0 u, JUN 2 B 2006 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTER, LLC 342 And PILOT TRAVEL CENTER, LLC Defendants 6071 No.: 2004) - CIVIL ORDER AND NOW, this 7 day of Qww 2006, upon consideration of Defendants, Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC's Motion to Compel Plaintiffs' Answers to Interrogatories and Response to Request for Production of Documents, and any response thereto, it is hereby ORDERED, ADJUDGED and DECREED that said Motion is GRANTED and Plaintiffs are to provide full and complete responses to Defendants' discovery requests within twenty (20) days of the date ofAthis Order, or suffer sanctions upon application to the Court. BY THE COURT o1j J- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ralph D. Cable and Janet M. Cable, Plaintiffs vs. Civil No. 2004-6071 Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC Defendants Type of Filing: Notice of Service For Plaintiffs' Answers to Defendants' Interrogatories Addressed To Plaintiffs (First Set) and Defendants' Request for Production of Documents Addressed to Plaintiffs (First Set) Filed By Defendants Filed on Behalf of: Ralph D. Cable and Janet M. Cable, Plaintiffs Counsel of Record for this Party: F. Walter Bloom, III, Esquire Pa. Supreme Court I.D. No. 01532 ROSEN, ROSEN, BLOOM & VARSEK 207 Seneca Street, P.O. Box B Oil City, PA 16301 Phone: (814)'677-3094 Fax: (814) 677-5102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ralph D. Cable and Janet M. Cable, Plaintiffs VS. Civil No. 2004-6071 Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC Defendants NOTICE OF SERVICE FOR PLAINTIFF'S ANSWERS TO DEFENDANTS' INTERROGATORIES AI)DRESSED TO PLAINTIFFS (FIRST SET) TO: Curtis R. Long, Prothonotary Kindly take notice that on this, the 20d' day of July, 2006, the Plaintiffs served their Answers to Defendants' Interrogatories Addressed to Plaintiffs (First Set) and Defendants' Request for Production of Documents Addressed to Plaintiffs (First Set) upon all counsel of record via overnight express mail, in accordance with applicable rules of civil procedure. Respectfully ROSEN, ROSES, BLOOM & V By: K/jValter Bloom, III, Esquire Supreme Court I.D. No. 01532 207 Seneca Street P. O. Box B Oil City, PA 16301 Phone- (814) 677-3094 Fax: (814) 677-5102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ralph D. Cable and Janet M. Cable, Plaintiffs VS. Civil No. 2004-6071 Pilot Travel Center, LLC 342 and Pilot Travel Center, LLC Defendants CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Notice of Service for Plaintiffs' Answers to Defendants' Interrogatories Addressed to Plaintiffs (First Set) and Defendants' Request for Production of Documents Addressed to Plaintiffs (First Set) Filed by Defendants has been served by overnight express mail on this, the 200' day of July, 2006, on the following: James D. Young, Esquire LAVERY FAHERTY YOUNG & PATTERSON, P.C. Attorneys at Law 225 Market Street Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Respectfully submitted, ROSEN, By: Date: 2 2-d & VARSEK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants No. 20046071 CIVIL Type of Pleading: Reply to New Matter Filed on Behalf Of: Ralph D. Cable and Janet M. Cable, Plaintiffs Counsel Of Record For This Party: F. Walter Bloom, III Pa. I.D. No. 01532 P.O. Box B 207 Seneca Street Oil City, PA 16301 Phone: (814) 677-3094 Fax: (814) 677-5102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants No. 20047-6071 CIVIL REPLY TO NEW MATTER NOW comes Plaintiffs, Ralph D. Cable and Janet M. Cable, by and through their attorneys, Rosen, Rosen, Bloom and Varsek by F. Walter Bloom, III, and files the within Reply to New Matter and in support thereof avers as follows: 17. No reply required as paragraphs 17 incorporate Answer to Plaintiffs' Complaint. 18. Denied. The averments are not factual allegations and thus no answer is required. 19. Denied. Averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 20. Denied. Averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 21. Denied. Averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 22. Denied. It is set forth by the Plaintiff in his Complaint that the injuries and losses sustained by the Plaintiff were the result of the acts or omissions of the Defendants' 2 agents, servants and/or employees in failing to properly maintain the premises in a safe condition. 23. Denied. Averments are denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 24. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 25. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 26. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 27. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 28. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, 3 therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 29. Denied. The Defendants' through its agents or servants caused the condition which the Plaintiff alleges caused and/or was a substantial factor in the incident which led to his injuries and, thus, Plaintiff avers that Defendants did have actual and constructive notice of the dangerous and/or defect condition of the floor. 30. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 31. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 32. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 33. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). 4 34. Denied. As such allegation constitutes a conclusion of law to which no response is necessary pursuant to the Pennsylvania Rules of Civil Procedure and the same are, therefore, denied. By way of further reply, this averment is denied pursuant to Rule 1029(e). WHEREFORE, Plaintiffs demand that judgment be entered in their favor as set forth in their Complaint at Law. Respectfully submitted, ROSEN, ROSEN13LOOM & VARSEK By. ? ?- al er Bloom, 111, Esquire Attorney for Defendants 5 VERIFICATION We, Ralph D. Cable and Janet M. Cable, verify that the statements made in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: © a (?` CI M cklt4- C Janet M. Cable IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANET M. CABLE, Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 and PILOT TRAVEL CENTERS LLC, Defendants No. 2004-6071 CIVIL CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the Answer to New Matter has been served on the following parties by U.S. first class mail, postage paid, on the 51h day of October, 2006: James D. Young, Esq. Lavery, Faherty, Young & Patterson Attorneys at Law 225 Market Street Suite 304, P. O. Box 1245 Harrisburg, PA 17108-1245 Respectfully submitted, ROSEN, ROSEN, OOM & VAR K BY: F. Walter Bloom, III, Esquire Date: October 5, 2006 ?_ ?} k, .) C -? - ? ? ? _> "? -; rr _? ?_ C7 ? _' ^°:?r _- _ : _-; `? y ?' ? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RALPH D. CABLE and JANE M. CABLE Plaintiffs V. PILOT TRAVEL CENTERS LLC 342 And PILOT TRAVEL CENTERS LLC, 04-601I Defendants No.4004-507 CIVIL PRAECIPE TO DISCONTINUE ACTION To the Prothonotary: Please mark this action settled, discontinued and ended as to both defendants. Dated: June 21, 2007 `.-_.A alter Bloom, III, ROSEN, ROSEN, BLOOM & VARSEK, Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Megan L. Renno, an employee with the law firm of Lavery, Faherty, Young & Patterson, P.C., do hereby certify that on this 10th day of July, 2007, I served a true and correct copy of the foregoing Praecipe to Discontinue Action via U.S. First Class mail, postage prepaid, addressed as follows: F. Walter Bloom, III, Esquire Rosen, Rosen, Bloom & Varsek 207 Seneca Street Oil City, PA 16301 Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman Strawberry Square 320-E Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 to James D. Young, Esquire ? O ?_ ? -r :''', ?? ,,,.. ? v i« / ? 1 s , j?) ter- ? X ? a ; / ?y G ^ ( !?? ? 'N f?