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HomeMy WebLinkAbout13-6901 Supreme Co ` &nnsylvania Cou Co:. O leas For Prothonotary Use Only: JG y C . 1 t t Docket No' Cu an County t � p The infornidtion collected'on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadings or other papers as required bylaw o rules of court. Commencement of Action: S 0 Complaint El Writ of Summons E.Petition, 0 Transfer from Another Jurisdiction Q Declaration of Taking E _. C Lead Plaintiff's Name: Lead Defendant's Name ;. Victoria Douglas, a minor Petromar Hospitality LLC �T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? ©x Yes El No (check one) [3 outside arbitration limits ' N Is this a Class Action Suit? 0 Yes 0 No is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: -Scott. Diamond, Esquire : and Brandon Swartz, Esquire Check here if you have no attorney (area Self- Represented [Pro Se] - Litigant) Nature of the Case "Place an "X" to the left of the ONE case•category that most accurately describes your i PRIMARY•CASE. If you are making more.than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional 13 Buyer Plaintiff - Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Board of Assessment ® Motor Vehicle .® Debt Collection: Other [3 Board of Elections .® Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S ® Product Liability (does riot include mass tort) 0 Employment Dispute:. " - . E 0 Slander/Libel/ Defamation Discrimination C E3 Other: ®Employment Dispute: Other [3 : Zoning Board T E3 Other: I ® Other: 0 MASS TORT ' Q Asbestos N Q Tobacco ® Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 0 Other: • ©Ejectment Q Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation [3 Declaratory Judgment ® Ground Rent Mandamus 0. Landlord/Tenant Dispute Non- Domestic Relations ,® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY .13 Mortgage'Foreclosure: Commercial ® Quo Warranto El Dental .Q Partition ® Replevin Legal E3 Quiet Title Other: ' ® Medical Q Other: ® Other Professional: Updated 1 /1/2011 SWARTZ CULLETON PC Atto rI'eys�Ib� JOT/ t � By: Brandon A. Swartz, Esq. 20 13 N J V 20 Attorney ID #: 78344 2: 35 CU By: Scott E. Diamond, Esq. MB RLAND COUNTY Attorney.ID #: 95089 P' _NNSY VANIA 547 E. Washington Avenue Newtown, PA 18940 (215) 550 - 6553 (t) (215) 550'— 6557 - (f) VICTORIA DOUGLAS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, BRUCE DOUGLAS, AND BRUCE DOUGLAS, INDIVIDUALLY 158 Pinnacle Circle Yardley, PA 19067 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. PETROMAR HOSPITALITY. LLC 1529 Commerce Avenue Carlisle, PA 17105 Defendant. NOTICE TO DEFEND AVISO NOTICE Le ban demandado a usted en la torte, Si usted quiere defenderse de You have been sued in court. If you wish to defend against the claims estas demandas expuestas en las pAginas siguientes, usted tiene veinte set forth in.the following pages; you must take action within twenty (20) (20) dias de plazo al partir de la fecha de la demanda y la notification. days after this complaint and notice are served, by ventering a written Hace falta asentar una comparesencia escrita o en persona o con un appearance personally or by,attomey and filing in writing with the court abogado y entregar a la cone en forma escrita sus defensas o sus your defenses or objections to the. claims set forth against you. You are objeciones a las demandas en contra de su persona. Sea avisado que si warned that if you fail to do so the case may proceed without you and a usted -no se defiende; .[a torte tomard medidas y puede continuar la judgment may entered against you by the court without further notice demanda en contra suya sin previo aviso o notification. Ademfis, la cone for any money claimed in the complaint or for any other claim or relief puede decidir a favor del demandante y requiere que usted cumpla con requested by the plaintiff. You may lose. money or property or other todas las provisioner de esta demanda. Usted puede perder dinero o sus rights important to you. propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. SI NO TIENE ABOGADO O SI NO TIENDE EL DINERO IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 GO TO OR TELEPHONE THE OFFICE. SET FORTH BELOW TO LLAME POR TELEFONO .A LA OFICINA CUYA DIRECC16N SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association, . 32 S. Bedford.Street, Carlisle, Pennsylvania telephone number 7177249 -3166 V , s Zia q $yes Attorneys for Plaintiff. SWARTZ.CULLETON PC: B Brandon A. Swartz, Esy. Attorney ID #: 78344 By: Scott E. Diamond, Esq. Attorney ID #: 95089 . 547 E. Washington Avenue Newtown, PA 18940 (215) 550 - 6553 (t) (215) 550. -.6557 ( . VICTORIA DOUGLAS,:A.MINOR, BY AND THROUGH HER - PARENT AND NATURAL GUARDIAN, BRUCE DOUGLAS, AND BRUCE DOUGLAS, INDIVIDUALLY , 158 Pinnacle Circle Yardley, PA 19067 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V , No. PETROMAR HOSPITALITY LL'C 152.9 Commerce. Avenue Carlisle; PA 17105 Defendant. CIyIL.ACTION COMPLAINT L' Plaintiffs, Victoria Douglas, a minor; and Bruce Douglas,. an adult and the father and natural guardian of Victoria Douglas, are, individuals and citizens and residents -of the Commonwealth of Pennsylvania, residing at the above captioned address. 2. Defendant; PetroMar Hospitality LLC, is a Pennsylvania limited liability company with a principal- place of business located. at the above .captionedaddress.. 3. Venue exists. in Cumberland. County because Defendant conduct& regular and continuous business in Cumberland County, and because .the .accident which the. basis for this Complaint occurred_in Cumberland County. 4. On or .about. January 2, ,.2013 Defendant operated controlled, leased, inspected, possessed, managed and maintained he :Country Inn &Suites hotel located at 1529 Commerce Avenue, Carlisle, PA 1:7105, . 5:. On or. about January 2 2013, and for a long, time pnor - thereto, it was `the duty of the_Defendant. to keep and:: maintain the Country Inn & Suites hotel located at. .15.29- Commerce Avenue, Carlisle, PA 17105 in. a reasonably safe .condition for persons lawfully upon the premises,. including Plaintiff, Victoria Douglas: 6. At all times. material. herein;. the Defendant acted by. -and :through its: agents, servants,: employees, workmen and/or other `representatives, who were, in turn, acting within the course - and scope of their. employment, agency and/or service and under the, direct control: of the Defendant. COUNT ONE - .Premises Liability - Negligence , Plaintiffs v. PetroMar. Hospitality LLC . 7. Plaintiff hereby °'incorporates by .reference ,paragraphs one (1) through six (6) of this complaint as if the same had ;been -fully set forth. at length. 8.. On or about .January. 2,. 2013,• Plaintiff,. Victoria Douglas, was a :guest :at the Defendant's. Country Inn; &, Suites hotel located: at 1529 Commerce' Avenue,, Carlisle, PA 17 when, suddenly and -without warring, .and 4'§, 'a ,direct result of 'a defective and/or dangerous condition of the premises, '.Plaintiff slipped: while taking a shower .causing -her to fall and to sustain severe and permanent bodily injuries,. scarring, and losse.s,hdreinafter more�fully.set- forth: . 9.. The incident ,described ' in the - preceding paragraphs of this Complaint was caused by the negligence and .carelessness, of the:Defendant in.ihe following particular respects; :(a) carelessly and negligently. allowing .the premises to be kept 1n, :a : dangerous condition 'for a. prolonged period' of time so :as; to cause. injury to the Plaintiff, . more specifically failing to provide a slip resistant surface on the shower floor and failing to provide a hand rail; (b) carelessly..and negligently failing to 'recognize the risk that a slippery shower floor posed to: business invitees,: such as the Plaintiff; (c) carelessly and negligently creating and allowing a dangerous condition to exist by failing to equip showers with slip resistant material and hand rails; (d) failing to insure that the _showers could be utilized in a manner - which would not cause. a danger to individuals. such as the Plaintiff; .(e) failing to adequately and. timely repair defects to said premises (f) failing to correct a .dangerous. and hazardous condition of which Defendant was aware or should, been aware, more specifically, failing to ensure that its showers were equipped with slip resistant material and hand rails to prevent injuries to its.business.invitees; (g) failing to wam persons., such - as the. Plaintiff, lawfully on the grounds of the Defendant's premises of the aforesaid dangerous condition or conditions; and (h) failing to take .additional safety measures and precautions to ensure that lawful visitors in its hotel could use its showers safely; 10. Plaintiff, Victoria.Douglas, in no manner. contributed 40 her injuries, which were the direct and proximate result of the. Defendant's own negligence and/or carelessness. 11. As a result of the aforesaid negligence of the - Defendant, Plaintiff, Victoria Douglas, suffered severe injuries, including, but not limited to, avulsed and displaced and a closed head injury, and a- severe shock to her entire nervous system. 12. Asa result .of Defendant's conduct, Plaintiff has in the .past and will in the future undergo severe pain and suffering as a. result of which she has been in the past and will in the future be unable to engage. in her usual activities, all'to her great loss and detriment:. 13. As a result of the aforesaid negligence of' the defendant, Plaintiff has been and will be obliged to. receive and undergo. medical attention an d care and to expend various sums for the treatment of her injuries and'incur such expenditures for an indefinite time in the future. 14. As a further. result. of the aforesaid accident,, the plaintiff,. Victoria Douglas. has in the past and may in the future suffer a 4ossof her earnings and/or earning power, and she may incur such. loss for an indefinite, period in the future: 15. Further, by reason of ahe aforesaid occurrence; Plaintiff has and/or may hereinafter .incur • other financial expenses all in an effort to treat. and .cure herself of the injuries sustained in the aforesaid accident. 161. As a further result of -this accident; Plaintiff has or may have suffered injuries resulting in the serious and/or permanent loss'of use of a bodily function, .dismemberment, and/or scarring, which may be in full or part cosmetic disfigurements'which are or may be perinarient, irreparable and severe. 170 As a.further result -of this accident ... Plaintiff has suffereda loss of the enjoyment of her usual duties avocations, life's. pleasures ' and activities;: and the shortening of her life expectancy, all to her great detriment and loss. 18. As a. further result. of the. aforesaid accident, Plaintiff has suffered great and unremitting physical pain, suffering and mental anguish, embarrassment and humiliation, and scarring; all of which may continue in the future: WHEREFORE, Plaintiffs, Victoria Douglas, a :minor,, by "and through her parent and natural guardian, Bruce Douglas, and Bruce Douglas,. individually, demand judgment against Defendant, PetroMar Hospitality LLC, : for:: sum not - in excess of .Fifty Thousand -Dollars ($5.0,000.00). Respectfully submitted, SWARTZ CUL By: Brandon . S art , squire Scott". , Esquire -Atto s for Plaintiffs Date: SRI CATION 4 hereby state that I am the Plaintiff in this action and verify that the statements made in tile foregoing Civil Action Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C,S, 4904 relating to unswom falsification to authorities. Dated: THFEAr6Et-$01-Tc9fli''Sh1160''LLT. Hz• 39 JOHNSON, DUFFIE,STEWART&WEIDNER CU BEfi' Attorneys for Defendant By: Matthew No. 204265 Ridley P� ��Y��/ NJA 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr @jdsw.com VICTORIA DOUGLAS, A MINOR, BY : IN THE COURT OF COMMON PLEAS OF AND THROUGH HER PARENT AND : CUMBERLAND COUNTY, PENNSYLVANIA NATURAL GUARDIAN, BRUCE : DOUGLAS, AND BRUCE DOUGLAS, : NO. 13-6901 Civil INDIVIDUALLY, Plaintiff • CIVIL ACTION — LAW • v. • • JURY OF 12 PERSONS DEMANDED PETROMAR HOSPITALITY LLC, • Defendant • PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mat the Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: January ! , 2014 Counsel for Defendant 600238 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on January 7 , 2014: Brandon A. Swartz, Esquire Scott E. Diamond, Esquire Swartz Culleton PC 547 E. Washington Avenue Newtown, PA 18940 JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com ED EF THE PRO THONG TA, 47. 0111 P1A R -14 AN II: 7 CUMBERLAND COUNTY PENNSYLVANIA VICTORIA DOUGLAS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, BRUCE DOUGLAS, AND BRUCE DOUGLAS, INDIVIDUALLY, Plaintiff v. PETROMAR HOSPITALITY LLC, Defendant Attorneys for Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 13-6901 Civil CIVIL ACTION — LAW JURY OF 12 PERSONS DEMANDED NOTICE TO PLEAD TO: Victoria Douglas, a Minor, by and through her Parent and Natural Guardian, Bruce Douglas and Bruce Douglas, Individually, Plaintiff c/o Brandon A. Swartz, Esquire Scott E. Diamond, Esquire Swartz Culleton PC 547 E. Washington Avenue Newtown, PA 18940 AND NOW, this 3rd day of March, 2014, you are hereby notified to plead responsively to the Answer and New Matter within twenty (20) days of the date of service hereof, or judgment may be entered against you. :604727 22740-3193 JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley, Esquire Attorneys for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley I.D. No. 204265 301 Market Street P. a Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 mr@jdsw.com Attorneys for Defendant VICTORIA DOUGLAS, A MINOR, BY : IN THE COURT OF COMMON PLEAS OF AND THROUGH HER PARENT AND : CUMBERLAND COUNTY, PENNSYLVANIA NATURAL GUARDIAN, BRUCE : DOUGLAS, AND BRUCE DOUGLAS, NO. 13-6901 Civil INDIVIDUALLY, Plaintiff CIVIL ACTION — LAW v. JURY OF 12 PERSONS DEMANDED PETROMAR HOSPITALITY LLC, Defendant ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Petromar Hospitality, LLC by and through its counsel, Johnson, Duffie, Stewart & Weidner and file the following Answer and New Matter to Plaintiffs Complaint and aver as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Paragraph 5 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. By way of further answer, it is denied that Plaintiff was on the premises on January 2, 2013. 6. Denied. It is denied that the Defendant or its agents, servants, employees, workmen and/or other representatives acted in the manner alleged by the Plaintiffs. Strict proof thereof is demanded at the time of trial. COUNT I — PREMISES LIABILITY — NEGLIGENCE PLAINTIFFS v. PETROMAR HOSPITALITY, LLC 7. Defendant incorporates herein by reference the allegations in paragraphs 1 through 6 above as if fully set forth at length herein. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. By way of further answer, it is denied that Plaintiff was on the premises on January 2, 2013. 9. Paragraph 9 and its subparts state legal conclusions to which no response is required. To the extent, however, that a response is deemed necessary, the Defendant hereby denies: (a) Carelessly and negligently allowing the premises to be kept in a dangerous condition for a prolonged period of time so as to cause injury to the Plaintiff, more specifically, failing to provide a slip resistant surface on the shower floor and failing to provide a handrail; (b) Carelessly and negligently failing to recognize the risk that a slippery shower floor posed to business invitees, such as the Plaintiff; (c) Carelessly and negligently creating and allowing a dangerous condition to exist by failing to equip showers with slip resistant material and handrails; (d) Failing to ensure that the showers could be utilized in a manner which would not cause a danger to individuals such as Plaintiff; (e) Failing to adequately and timely repair defects to said premises; (f) Failing to correct a dangerous and hazardous condition of which Defendant was aware of or should have been aware, more specifically failing to ensure that its showers were equipped with slip resistant material and handrails to prevent injuries to its business invitees; (g) Failing to warn persons, such as Plaintiff, lawfully on the grounds of the Defendant's premises of the aforesaid dangerous condition or conditions; and (h) Failing to take additional safety measures and precautions to ensure that lawful visitors in its hotel could use its showers safely. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 15. Paragraph 15 states a legal conclusion 'to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 16. Paragraph 16 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 17. Paragraph 17 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 18. Paragraph 18 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, the Defendant respectfully requests this Honorable Court enter judgment in its favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER By way of additional answer and reply, the Defendant raises the following New Matters: 19. The existence of any dangerous condition on the subject property is specifically denied. 20. If there was an allegedly dangerous condition, then it was "open and obvious" and Plaintiff Victoria Douglas had a duty to protect herself from that condition. 21. That Plaintiff Victoria Douglas may have been a trespasser. 22. That the answering Defendant owed no duty to protect Plaintiff Victoria Douglas from open and obvious conditions. 23. That the Plaintiff's alleged cause of action may be barred in whole or in part by the assumption of risk factor. 24. The Plaintiff's cause of action may be barred in whole or in part by Plaintiff Victoria Douglas's contributory negligence. 25. That Plaintiff Victoria Douglas may have had an alternative route and chose not to take same. 26. That Plaintiff's claims may be barred in whole or in part by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §1701. 27. That if it should be found that there is any negligence on the part of the answering Defendant, which is denied, then in that event, any such negligence was not a factual cause of the accident nor Plaintiff Victoria Douglas's alleged injuries. WHEREFORE, the Defendant respectfully requests this Honorable Court enter judgment in its favor and against the Plaintiffs with costs and prejudice imposed. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Date: March 3, 2014 604727 Matthew Ridley, Esquire Attorney I.D. No. 204265 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant 1, khal I A. Vhf) VERIFICATION , hereby acknowledge that Petromar Hospitality, LLC is a Defendant in this action and that I am authorized to make this verification on their behalf; that I have read the foregoing Answer and New Matter of Defendants to Plaintiff's Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. PETROMAR HOSPITALITY, LLC By: , —Khalil A. Khan, anaging Partner DATE: 2. 2 12! CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendant to Plaintiff's Complaint has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 3, 2014: Brandon A. Swartz, Esquire Scott E. Diamond, Esquire Swartz Culleton PC 547 E. Washington Avenue Newtown, PA 18940 JOHNSON, DUFFIE, STEWART & WEIDNER By: Matthew Ridley SWARTZ CULLETON PC By: Brandon A. Swartz, Esq. Attorney ID#: 78344 By: Scott E. Diamond, Esq. Attorney ID#: 95089 547 E. Washington Avenue Newtown, PA 18940 (215) 550 - 6553 (t) (215) 550 — 6557 (f) Attorneys for Plaintiffsz r-- cf) r- 47: c'Th --C) VICTORIA DOUGLAS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL : GUARDIAN, BRUCE DOUGLAS, AND BRUCE : DOUGLAS, INDIVIDUALLY Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 13-6901 PETROMAR HOSPITALITY LLC Defendant. PLAINTIFFS' REPLY TO NEW MATTER FILED BY DEFENDANT, PETROMAR HOSPITALITY LLC The above captioned plaintiffs, by and through their counsel SWARTZ CULLETON PC, hereby answer the New Matter of the defendant, Petromar Hospitality LLC as follows: 19-27 Denied. These paragraphs contain conclusion of law or mixed conclusion of fact and law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof demanded at trial. WHEREFORE, the plaintiff requests judgment on the co Date: 03/11/2014 p Brandon Esquire SWARTZ CULLETON PC By: Brandon A. Swartz, Esq. Attorney ID#: 78344 By: Scott E. Diamond, Esq. Attorney ID#: 95089 547 E. Washington Avenue Newtown, PA 18940 (215) 550 - 6553 (t) (215) 550 — 6557 (f) Attorneys for Plaintiffs VICTORIA DOUGLAS, A MINOR, BY AND THROUGH HER PARENT AND NATURAL : GUARDIAN, BRUCE DOUGLAS, AND BRUCE : DOUGLAS, INDIVIDUALLY Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 13-6901 PETROMAR HOSPITALITY LLC Defendant. CERTIFICATE OF SERVICE I, Brandon Swartz, Esquire, hereby certify that on March 11, 2014 I caused a copy of the foregoing PLAINTIFFS'S REPLY TO NEW MATTER FILED BY DEFENDANT, PETROMAR HOSPITALITY LLC to be served by regular first class mail on the following counsel of record: JOHNSON, DUFFIE, STEWART & WEIDNER Matthew Ridley, Esquire 301 Market Street PO BOX 109 Lemoyne, PA 17043-0109 SWA Brandon S 7squire CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: VICTORIA DOUGLAS, A MINOR, ET AL. -VS- PETROMAR HOSPITALITY, LLC 14-03697G W Court of Common Pleas Cumberland County No. 13-6901 �3 c cn _tom As a prerequisite to service of a subpoena for documents and things pursuant to Rule 41)09 z2 Ar 71, • CCLR on behalf of MATTHEW RIDLEY, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 6/2/2014 MATTHEW RIDLEY, E Q IR Counsel for Defendant Ca Aw `~ CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com VICTORIA DOUGLAS, A MINOR, ET AL. VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PETROMAR HOSPITALITY, LLC No. 13-6901 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BRANDON A. SWARTZ, ESQUIRE SWARTZ CULLETON, PC. 547 E. WASHINGTON AVENUE NEWTOWN, PA 18940 Please take notice there has been a request by MATTHEW RIDLEY, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to VICTORIA DOUGLAS. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: May 12, 2014 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page CCLR • • • • Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com VICTORIA DOUGLAS, A MINOR, ET CCLR File NO. 14-03697GW AL. VS. PETROMAR HOSPITALITY, LLC COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 5/12/2014 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) (3) I would like copies of X -Rays sent to me. OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 6/2/2014. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before deciding whether to order a copy. 2014 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: yes / no yes / no Attorney for plaintiff(s) / defendant(s) BRANDON A. SWARTZ, ESQUIRE SWARTZ CULLETON, PC. 547 E. WASHINGTON AVENUE NEWTOWN, PA 18940 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET, AL VS.• Plaintiff . PETROMAR HOSPITALITY, LLC' Defendant File No. 13-6901 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:CARLISLE REGIONAL MEDICAL CENTER MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*'* at CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW RIDLEY, Inc. ADDRESS: TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DEFENDA_N_T Street, Ste, 601 ,. ttiphia, PA 19107 '7-732-1177 BY TH OURT: Date: =.�a/ 'V Seal of the Cotr: thou: ary, Civil Divis Deputy CCLR Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: CARLISLE REGIONAL MEDICAL CENTER - MEDICAL RECORDS DEPT Re: VICTORIA DOUGLAS ANY AND ALL MEDICAL RECORDS FROM 07/02/2003 TO THE PRESENT, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC. PERTAINING TO VICTORIA DOUGLAS. **CERTIFICATION PAGE MUST BE SIGNED AND DATED** (DOB: 04/11/1997) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET AL Plaintiff. File No. 13-6901 VS. PETROMAR HOSPITALITY, LLC • Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER PATIENT BILLING DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMEMATTHEW RIDLEY, ESQUIRE ..w ADDRESS: '� Street. Stp, 601 TELEPHONE: SUPREME COURT I D Philadelphia, PA 19107 t! 215-732-1177 ATTORNEY FOR: DEFENDANT Date:_____ _ f ` my i T Seal of the Ct Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: CARLISLE REGIONAL MEDICAL CENTER - PATIENT BILLING DEPT Re: VICTORIA DOUGLAS ANY AND ALL BILLING RECORDS FROM 7/02/2003 -PRESENT, INVOICES, PAYMENTS, RECEIPTS, PERTAINING TO VICTORIA DOUGLAS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 04/11/1997) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET:AL ftmaff, : FileNo. 13-6901 VS. • PETROMAR HOSPITALITY, LLC. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CARLISLE REGIONAL MEDICAL CENTER RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** apENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: MATTHEW RIDLEY, ESQUIRE NAME: ADDRESS: CUL waiinut Street. Ste, 601 TELEPHONE: „ph fa, PA 19107 SUPREME COURT ID # ATTORNEY FOP.: DEFENDANT Date:/4.1_c2icajniy Seal of the C rrt BY THE COURT: ProThtffir, Civil Div" ion Deputy Viz Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: CARLISLE REGIONAL MEDICAL CENTER - RADIOLOGY FILE ROOM Re: VICTORIA DOUGLAS ANY AND ALL FILMS FROM 7/02/2003 -PRESENT, MRI'S, CAT SCANS, X-RAYS, INCLUDING RADIOLOGY REPORTS, ETC., PERTAINING TO VICTORIA DOUGLAS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 04/11/1997) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET AL VS. Plaintiff . : File No. 13-6901 PETROMAR HOSPITALITY, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HAMILTON DENTAL ASSOCIATES MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW RIDLEY, ESQUIRE ADDRESS: TELEPHONE: ; SUPREME COURT ID ii inc. ''wf ,Street, Ste, 601 e!phia, PA 19107 ATTORNEY FOR: DEFENDANT Date: —J &) 2 4 y Seal of the court Deputy 1177 BY THE COU' 41M_ Protho":" • 1 Division Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: HAMILTON DENTAL ASSOCIATES - MEDICAL RECORDS DEPT Re: VICTORIA DOUGLAS ANY AND ALL MEDICAL RECORDS FROM 7/02/2003 -PRESENT, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO VICTORIA DOUGLAS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 04/11/1997) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET AL Plaintiff . : File No. 13-6901 VS. PETROMAR HOSPITALITY, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: JOSEPH BOURDON, DDS MEDICAL RECORDS DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAMEMATTHEW RIDLEY, ESQUIRE ADDRESS: CCLR. Inc. TELEPHONE: SUPREME COURT ID # Phik, ,lelphia, PA. 19107 ATTORNEY FOR: DEFENDANT .:a z7 1315 t.t',� 'I_I Street, Ste,_ 601 Dater t Seal of the Dort RT notary, Div sion Deputy Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: JOSEPH BOURDON, DDS - MEDICAL RECORDS DEPT Re: VICTORIA DOUGLAS ANY AND ALL MEDICAL RECORDS FROM 7/02/2003 -PRESENT, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO VICTORIA DOUGLAS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 04/11/1997) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VICTORIA DOUGLAS, A MINOR, ET AL Plaintiff . : File No. 13-6901 VS. PETROMAR HOSPITALITY, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MICHAEL S. MARMO, DMD-NEWTOWN ENDONTICS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***SEE ATTACHED ADDENDUM*** at CENTER CITY LEGAL REPRODUCTIONS , INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: MATTHEW RIDLEY, ESQUIRE ADDRESS: C L R, Inc. a ;gut Street: ;Ste= 601 Philadelphia, PA 19107 TELEPHONE: SUPREME COURT 1D # ATTORNEY FOR: DEFENDANT 21.5-7324177 BY TH CIURT: Date: NLA d.+ 420,/ Seal of the Colrt Path. . ary, Civil Di ision Deputy CCLR al Ns Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601, Philadelphia, PA 19107 (215)732-1177 fax (215)732-5637 CCLR File No. 14-03697GW ************************** ADDENDUM TO SUBPOENA ************************** To: MICHAEL S. MARMO, DMD - NEWTOWN ENDONTICS Re: VICTORIA DOUGLAS ANY AND ALL MEDICAL RECORDS FROM 7/02/2003 -PRESENT, BILLING RECORDS AND FILMS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RESULTS, LAB TESTS, EVALUATIONS, ETC., PERTAINING TO VICTORIA DOUGLAS. ** CERTIFICATION PAGE MUST BE SIGNED AND DATED ** (DOB: 04/11/1997)