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Home My WebLink About05-1122WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLINO, ESQUIRE IDENTIFICATION NO. 89999 11" Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON 5 Morgan Lane Media, PA 19064 AND TRACEYJACKSON 5 Morgan Lane Media. PA 19064 VS. McDONALD'S CORPORATION d/bla Delaware McDonald's Corporation, A Delaware Corporation 1014 Wesley Drive Mechanicsburg, PA 17055 AND RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 AND RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND CO. BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. AVISO Le ban demandado a usted en la corte. Si usted quiere defenders- de estas demandas expuestas en ]as paginas siguientes, usted nene veinte (20) dias de pino al paror de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de so persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede continuar la demanda en contra says sin previo aviso o notification. ademas, is carte puede decidir a favor del demandante y requiere que usted cumpla con today las provisions de esta demanda. Usted puede perder todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pats usted. LLEVE ESTA DEMANDA A ON ABOGADO INMEDIATAMENTE. SI NO THENCE ABOGADOO SMO TIENE EL DEINERO SUFICIENTE DE PAGAB TAI, SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFCINA CUYA DIRECCION SE ENCUEMRA ESCRITA AEAIO PARA AVERIGUAR DONEE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asoclacion de Licenciados de Cumerland Cumberland Law Journal 32 South Bedford Street Carlisle, Pennsylvania 17013 Telefano: (717)249-3166 WOLOSHIN & KILLING, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 11`h Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON 5 Morgan Lane Media, PA 19064 AND TRACEY JACKSON 5 Morgan Lane Media, PA 19064 VS. McDONALD'S CORPORATION dfbfa Delaware McDonald's Corporation, A Delaware Corporation 1014 Wesley Drive Mechanicsburg, PA 17055 AND RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 AND RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO, COMPLAINT IN CIVIL ACTION AND NOW, comes Kurt Jackson (hereinafter "Plaintiff'), by and through the undersigned counsel, and complains of Defendants, McDonald's Corporation, d(bfa Delaware McDonald's (hereinafter "McDonald's"); Richard A. Woodruff, Sr., (hereinafter "Woodruff, Sr.") and Richard A. Woodruff, Jr., (hereinafter collectively, "Defendants"), as fo;.ows: 1. Plaintiff, Kurk Jackson, is an adult individual and the husband of Defendant, Tracey Jackson, who resides at 5 Morgan Lane, Media, PA 19063. 2. Plaintiff, Tracey Jackson, is an adult individual and the wife of Defendant, Kurt Jackson, who resides at 5 Morgan Lane, Media, PA 19063. 3. Defendant, McDonald's Corporation, d/bfa Delaware McDonald's Corporation, directly and through her agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed and had a duty to maintain the premises at or around 1014 Wesley Drive, Mechanicsburg, Pennsylvania, Cumberland County, and all paths of ingress and egress and all roadways, sidewalks, pathways, driveways and surrounding areas (hereinafter "Premises'). 4. Defendant, Richard A. Woodruff, Sr., directly and through his agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed, owned and had a duty to maintain the Premise, who resides at 109 Tall Oak Drive, New Cumberland, PA 17070. 5. Defendant, Richard A. Woodruff, Jr., directly and through his agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed, owned and had a duty to maintain the Premises, who resides at 27 Goldenrod Drive, Carlisle, PA 17013. COUNT I- NEGLIGENCE KURT JACKSON V. McDONALD'S 6. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 7. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant, McDonald's, premises when, as a direct and proximate result of Defendant, McDonald's carelessness and negligence, Defendant, McDonald's caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 8. Plaintiff's fall was caused exclusively and solely by Defendant, McDonald's, negligence and carelessness. 9. The negligence and carelessness of Defendant, McDonald's, includes, but is not limited to, the following: (a) Failing to maintain the Premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Defendants failed to maintain appropriate lighting at the Premises; (d) Defendants failed to give proper warning of the dangerous conditions posed by the ice; (e) Defendants failed to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; 10. As a direct and proximate result of Defendant, McDonald's negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 11. As a direct and proximate result of these injuries, all of which are permanent in nature and all of which are to Plaintiffs great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 12. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 13. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 14. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, McDonald's. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, McDonald's, individually and jointand severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT II - NEGLIGENCE KURT JACKSON V. WOODRUFF SR 15. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 16. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Sr.'s, carelessness and negligence, Defendant, Woodruff, Sr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 17. Plaintiff's fall was caused exclusively and solely by Defendant, Woodruff, Sr.'s, negligence and carelessness. 18. The negligence and carelessness of Defendant, Woodruff, Sr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; 19. As a direct and proximate result of Defendant, Woodruff, Sr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff's great detriment and loss. 20. As a direct and proximate result ofthese injuries, all of which are permanent in nature and all of which are to Plaintiff's great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 21. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 22. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff s further loss and detriment. 23. Asa direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Sr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Sr., individually and joint and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT III - NEGLIGENCE PLAINTIFF V. WOODRUFF, JR. 24. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 25. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Jr. 's, carelessness and negligence, Defendant, Woodruff, Jr., caused Plaintiff, Kurt Jacksonto slip, stumble and fall, thereby resulting in serious and permanent injuries. 26. Plaintiff's fall was caused exclusively and solely by Defendant, Woodruff, Jr-'s, negligence and carelessness. 27. The negligence and carelessness of Defendant, Woodruff, Jr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c} Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; 28. As a direct and proximate result of Defendant, Woodruff, Jr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 29. As a direct and proximate result of these injuries, all of which are permanent in nature and all of which are to Plaintiff s great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 30. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 31. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 32. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Jr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Jr., individually and joint and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT IV - LOSS OF CONSORTIUM TRACEY JACKSON V. McDONALDS 33. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 34. As a direct and proximate result of the negligence and carelessness of Defendant, McDonalds, as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, McDonalds, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF. SR. 35. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 36. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Sr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Sr., in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VI - LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF JR. 37. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 38. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Jr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Jr., in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. Respectfully submitted, WOLOSHIN & KILLINO, P.C. BY: 4111) //? , Y B. HILL O, ES - Attorney for Plaintiffs, Kurt Jackson and Tracey Jackson VERIFICATION I, KURT JACKSON, hereby depose and say that the foregoing Complaint in Civil Action 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. KURT ?kSON DATED: 2-28-05 ?a V't s \.._. r}l r_l ? J ? lT 4*7 J SHERIFF'S RETURN - REGULAR CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET VS MCDONALD'S CORPORATION ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCDONALD'S CORPORATION D/B/A DELAWARE MCDONALD'S CORPORATIO the DEFENDANT , at 1535:00 HOURS, on the 7th day of March 2005 at 1014 WESLEY DRIVE MECHANICSBURG, PA 17055 by handing to CURTIS NOTZ, ASSISTANT MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 s 10.00 R. Thomas Kline .00 36.88 05/06/2005 WOLOSHIN & KILLINO Sworn and Subscribed to before By: me this day of jlDS? A. D. T lfti 4,l )c??? ?! oz7 thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET AL VS MCDONALD'S CORPORATION ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODRUFF RICHARD A JR the DEFENDANT , at 1920:00 HOURS, on the 21st day of March , 2005 at 27 GOLDENROD DRIVE CARLISLE. PA 170 by handing to RICHARD A WOODRUFF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.44 Affidavit .00 Surcharge 10.00 .00 20.44 Sworn and Subscribed to before me this day of va,? A.D. y BYothon tar ' So Answers: ?? v,< R. Thomas Kline 05/06/2005 WOLOSHIN & KILLINO Deputy Sh ff SHERIFF'S RETURN, - OUT OF COUNTY CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET AL VS MCDONALD'S CORPORATION ET AL R. Thomas Kl , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WOODRUFF RICHARD A SR but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 6th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep York County 56.45 Postage .74 82.19 05/06/2005 WOLOSHIN & KILLINO Sworn and subscribed to before me in his bailiwick. He therefore So answers: R. Thomas Kline Sheriff of Cumberland County this ]1` day of d-Me A.D. n. Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 Kurt Jackson et al McDonald's et al TYPE OF WRIT OR COMPLAINI Notice & Complaint SERE ill' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A I IAGHtU. UK bUw Richard A. Woodruff Sr. 5. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 109 Tall Oak Drive New Clunberland, PA 17070 7. INDICATE SERVICE: U PERSONAL U PERSON IN CHARGE DEPUTIZE Ur Cti RT kpA1L a U 1ST CUSS MAIL U PASTED J OTHER NOW March 4, 20 05 1, SHERIFF OF4119iilk COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this Al04optirt`ake return the cording to law. This deputization being made at the request and risk of the plaintiff. 4?! SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cumberland out of county-CUA; ;.L.":i1D Please mail return of service to Clanberland County Sheriff. Thank you. PD ;)Y ATi",7 NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy SherEl levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED ..rte,, 1!, "I ems. aLV3D - _ "IT L:. 215 7711 3-3-05 NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed it notice is to 0:141 : ,'f ,(10 .I , 13. 1 acknowledge receipt of the writ [;--7-.0" 4. DATE RECEIVED 15. ExpiralwMHeanng Date or complaint as indicated above. [-? / i 16. HOW SERVED: PERSONAL RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. U I hereby Cerlitif and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) _ NAM 1 AND TIT E OF INOtVIOUAL ERVED / IST' A RESS HERE IF NOT SHOWN ABOVE (Relationship to De/E ant) 19, Date of Service 20. Time of S ice T ...?, V/?? ? 1 -k AA d AR A W ooe R a r- f 'a3 ni 21.0. EMPTS Date Time Miles Int. Date I Mil-As Int. Dale Time ( Miles I Int I Dale I Time I Miles I IM. I Date I Time I Miles I Int. I Date I Time I Miles I In( 22. 23. Advance Costs 24?S rvice Costs 25. N/ 26 fywea?t 27. Postage) 28. Sub Total 29. Pound PI Notary 31. Surchg 32 ,Tot Coats 33 Costs Due no eck No CC) 34. Forman County Costs 35. Advance Costs 36 Service Costs 37. Notary en_/ 38 Mileage/PostagejMot Found 39. Total Costs 40. Costs Due or Refund 41. AFFUtMED and subsCn68d;1QbgtolP me this - 44. Sign re of 42. day OT..., 20'0545• Irv DEP elR C-':3 11 Y < Y.a r rPROT /NOTARY 46. Sign re of York ,mi_ _zpre-,hr n.' County -ff QILLI L AN M POSE, SHERIFF 48. Signature of Foreign 4LI0AUT ?` County Sheriff NOWLEDG RE EIPT OF E RIFF' RETURN SIGNATURE E AUTHOR I AND ITLE HORIZE DISSUING p-133 47 DATE Sf2J05 49 DATE DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sharers Ofte WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 11t" Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTIACKSON 5 Morgan Lane Media, PA 19064 AND TRACEYJACKSON 5 Morgan Lane Media, PA 19064 VS.. WOODRICH ENTERPRISES, INC. d/b/a McDonald's 109 Tall Oak Drive New Cumberland, PA 17070 and ROONEY L. FELMLEE 71 South Locust Point Rd. Mechanisburg, PA 17055 and RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 and RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 NOTICE TO DEFEND NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND CO. BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza at partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o can on abogado y entregar a Is torte en forma escrita sus defensas o sus objections a IRS demandas en contra de so persona. Sea avisado que si usted no se defiende, la torte tomam medidas y puede continuar Is demanda en contra says sin previo aviso o notification. ademas, In torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted poede perder todas las provisions de esta demanda. Usted puede perder dinem o sus propiedades u arms derechos imporrantes para usted. LLEVE ESTA DEMANOA A UN ABOGADO INMEDIATAMENIE. SI NO TIENCE AROGADO 0 SINO TMNEELOEINT RO SUFICIENTEDEPAGAR TAI, SERVICO, VAYA EN PERSONA O UI, POR TELEFONO A LA OFCINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUM ASISTENCIA LEGAL. Asociacion de Licenciados de Cumerland Cumberland Law Journal 32 South Bedford Street Carlisle, Pennsylvania 17013 Telefano: (717)249-3166 WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLINO, ESQUIRE IDENTIFICATION NO. 89999 11'Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON 5 Morgan Lane Media, PA 19064 AND TRACEYJACKSON 5 Morgan Lane Media, PA 19064 VS.. WOODRICH ENTERPRISES, INC. d/b/a McDonald's 109 Tall Oak Drive New Cumberland, PA 17070 and ROONEY L. FELMLEE 71 South Locust Point Rd. Mechanisburg, PA 17055 and RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 and RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 AMENDED COMPLAINT IN CIVIL ACTION AND NOW, comes Kurt Jackson (hereinafter "Plaintiff'), by and through the undersigned counsel, and complains of Defendants, Woodrich Enterprises, Inc., d/b/a McDonald's (hereinafter "McDonald's"); Richard A. Woodruff, Sr., (hereinafter "Woodruff, St."); Richard A. Woodruff, Jr., (hereinafter "Woodruff, Jr."); and Rooney L. Felmlee, (hereinafter "Felmlee"); (hereinafter collectively, "Defendants"), as follows: 1. Plaintiff, Kink Jackson, is an adult individual and the husband of Defendant, Tracey Jackson, who resides at 5 Morgan Lane, Media, PA 19063. 2. Plaintiff, Tracey Jackson, is an adult individual and the wife of Defendant, Kurt Jackson, who resides at 5 Morgan Lane, Media, PA 19063. 3. Defendant, Woodrich Enterprises, Inc., d/b/a McDonald's, directly and through its agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed and had a duty to maintain the premises at or around 1014 Wesley Drive, Mechanicsburg, Pennsylvania, Cumberland County, and all paths of ingress and egress and all roadways, sidewalks, pathways, driveways and surrounding areas (hereinafter "Premises"), with a place of business at 109 Tall Oak Drive, New Cumberland, PA 17070. 4. Defendant, Richard A. Woodruff, Sr., directly and through his agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed, owned and had a duty to maintain the Premises, who resides at 109 Tall Oak Drive, New Cumberland, PA 17070. 5. Defendant, Richard A. Woodruff, Jr., directly and through his agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed, owned and had a duty to maintain the Premises, who resides at 27 Goldenrod Drive, Carlisle, PA 17013. 6. Defendant, Rooney L. Felmlee, is an adult individual who resides at 71 South Locust -2- Point Road, Mechanicsburg, PA, who is in the business of providing snow and ice removal on the Premises.. 7. Defendant Felmlee is an agent, servant, workman and employee of Defendants who acting directly and through his own agents, servants, employees and workmen at all times mentioned herein and material hereto maintained or had a duty to maintain the Premises. 8. Defendant Felmlee provided snow and ice removal for the Premises pursuant to a written contract, a copy of which is attached hereto and marked as Exhibit "A". COUNT I- NEGLIGENCE KURT JACKSON V. McDONALD'S 9. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 10. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant, McDonald's, premises when, as a direct and proximate result of Defendant, McDonald's carelessness and negligence, Defendant, McDonald's caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 11. Plaintiff's fall was caused exclusively and solely by Defendant, McDonald's, negligence and carelessness. 12. The negligence and carelessness of Defendant, McDonald's, includes, but is not limited to, the following: (a) Failing to maintain the Premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; -3- (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Defendants failed to maintain appropriate lighting at the Premises; (d) Defendants failed to give proper warning of the dangerous conditions posed by the ice; (e) Defendants failed to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 6) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove snow and ice from the Premises. 13. As a direct and proximate result of Defendant, McDonald's negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff's great detriment and loss. 14. As a direct and proximate result of these injuries, all ofwhich are permanent in nature -4- and all of which are to Plaintiff's great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 15. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 16. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 17. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, McDonald's. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, McDonald's, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT II - NEGLIGENCE KURT JACKSON V. WOODRUFF SR 18. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 19. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Sr.'s, carelessness and -5- negligence, Defendant, Woodruff, Sr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 20. Plaintiff s fall was caused exclusively and solely by Defendant, Woodruff, Sr.'s, negligence and carelessness. 21. The negligence and carelessness of Defendant, Woodruff, Sr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; -6- (j) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove snow and ice from the Premises. 22. As a direct and proximate result of Defendant, Woodruff, Sr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 23. As a direct and proximate result of these injuries, all ofwhich are permanent in nature and all of which are to Plaintiffs great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 24. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 25. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff s further loss and detriment. 26. As a direct and proximate result ofDefendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Sr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Sr., individually, jointly and severally, with -7- Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT III - NEGLIGENCE PLAINTIFF V. WOODRUFF. JR. 27. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 28. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Jr.'s, carelessness and negligence, Defendant, Woodruff, Jr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 29. Plaintiff's fall was caused exclusively and solely by Defendant, Woodruff, Jr.'s, negligence and carelessness. 30. The negligence and carelessness of Defendant, Woodruff, Jr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent -8- injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove snow and ice from the Premises. 31. As a direct and proximate result of Defendant, Woodruff, Jr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and tom ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff's great detriment and loss. 32. As a direct and proximate result ofthese injuries, all of which are permanent in nature and all of which are to Plaintiffs great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 33. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. -9- 34, As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the fixture undergo a great loss of earnings and earning capacity all to Plaintiff s further loss and detriment. 35. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Jr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Jr., individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT IV - NEGLIGENCE PLAINTIFF V. FELMLEE 36. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 37. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Felmlee's carelessness and negligence, Defendant, Felmlee, caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 38. Plaintiffs fall was caused exclusively and solely by Defendant, Felmlee's, negligence and carelessness. 39. The negligence and carelessness of Defendant, Felmleee, includes, but is not limited to, the following: -10- (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove snow and ice from the Premises. 40. As a direct and proximate result of Defendant, Felmlee's, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the -11- head, neck, shoulders, back and other ailments and injuries all to Plaintiff's great detriment and loss. 41. Asa direct and proximate result ofthese injuries, all of which are permanent in nature and all of which are to Plaintiff's great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 42. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 43. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 44. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Felmlee. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Felmlee, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON V. McDONALDS 45. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. -12- 46. As a direct and proximate result of the negligence and carelessness of Defendant, McDonalds, as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, McDonalds, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VI- LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF, SR. 47. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 48. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Sr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, Woodruff, Sr., individually, j ointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VII- LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF, JR. 49. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 50. As a direct and proximate result of the negligence and carelessness of Defendant, -13- Woodruff, Jr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, Woodruff, Jr., individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VIII LOSS OF CONSORTIUM TRACEY JACKSON V. FELMLEE 51 The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 52 As a direct and proximate result of the negligence and carelessness of Defendant, Felmlee as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, Felmlee, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. Respectfully submitted, WOLOSHIN & KILLING, P.C. BY: '4 JE Y B. KILLINO, ESQUIRE Attorney for Plaintiffs, Kurt Jackson and Tracey Jackson -14- VERIFICATION I, KURT JACKSON, hereby depose and say that the facts set forth in the foregoing Amended Complaint in Civil Action 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 unworn falsification to authorities. VERIFICATION I, TRACEY JACKSON, hereby depose and say that the facts set forth in the foregoing Amended Complaint in Civil Action 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 unsworn falsification to authorities. TRAC CJ CKSON EXHIBIT "A" GAB ROBINS tlj/1b/;eUU!D 1U:11 630655(518fiard Woodruff 7" _ 919169 .Mar 15 05 01:55p ROONEY FELMLEE `Plydl Tactile Anything" P-A 8" 3216 ShremarastaWn, PA 17011 Phorie (717) 697-7172 : SNOW REMOVAL, CONTRACT pAU'E 04/04 p.4 .:143 customerMeme /??*-ro??gtb ?S -"?'?/Sf??' Complete Address Price $. ? up to 6" i . PaAGng Areas W N 2e. ?i (q $1 / d ''ova e- t2' DtvewaysN S / O over 12' or hourly Sidewalks Y 40 4 $S$'er hour (1 hour minimum) service call be automatic It accumulation is THREE inches or more. -Ptic quoted is perpkwhg. -SA%and clnder available at extra charge. , -For additional service, pease call 697-7172 Dear Customer. PLEASE SIGN AND RERyRN ONE COPY OF THIS CONTRACT li rt TO ASSURE PRIORITY SC1415DULING. customer C:::77 ___R_Q10KyF0ITr5?_ Date 0 Dear Valued Customer, The rtsinp liability problems have Prompted me to include this addendum to the existing snow oontract: My contract does not take effect until a THREE in accumulation. As we know, freeZIng rain, sleet, and small snowaccumulations can cause treacherous conditions for you, employees, and or atstemers. To catniiat this problem, my service will Include AUTOMATIC freezing condition cotttml (i.e. salt, cindet) If temparatur e,will remain below freezing to cause icing conditions on sldewaU And parldng areas. Fee for above mentioned shag be as follows: SIDEWALK ICE MELT .......... •..•....__........... $76 / 100 pounds applied ROAD SALT ................................................ $35 / too pounds applied IF, FOR ANY REASON YOU DO N6T WANT TJH15 SERVICE, PLEASE SIGN BELOW AND RETURN WITH SNOW SERVICE CONTRACT. - THANK YOU FOR YOUR BUSINESS. - I dech s automatic lee melt r road sail service Date In'" r,-n - -0 1 nn i,a innne mcm .,., . .?.• av. at VJV VJJJ:J10 U('UJ KUCLIV-J f'HVG UL(O4 VMar 15 OS Oi:55p f hard Woodruff 71 919189 P•2 Rooney Felmlee 'W![.L iACKLE/WYiNING' 5t 4V PROMPT, PROFESSIONAL SERVICE INCLUDING: Property Maintenance Snow Removal Skid Loader Salt Cindering Repairs of any kind P.O. Box 3216, Shiremanstown, PA 17011 697-7172 FREE ESTIMATES CUSTOMER DATE .r ?'?• D'{ -l STATEMENT T I DATE I WORK PERFORMED I I PREVIOUS 8"CE SNOW REMOVAL Z3 MAINTENANCE AGFIEEMENT/CONTRACT 9?. 0 OTHER / /eve zs?l u z^GI I r;Zo ?IlSA[ 1 I ?2 ,sz I PLEASE PAY THIS AMOUNT 10 - 3?a s? I TERMS: NET 15 DAYS. A $ErMCE CHARGE OF 1-jg% pER MONTH WILL BE APPLIED TO ANY UNPAID BAUNCE AFTER 30 DAYS. THANK YOU FOR YOUR BUSINESS 03/10/2005 WED 10:10 [JOB NO. 68501 910 WOLOSHIN & KILLING, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 18000 John F. Kennedy Boulevard, 11T' Fl.. Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON 5 Morgan Lane Media, PA 19064 AND TRACEYJACKSON 5 Morgan Lane Media, PA 19064 vs.. WOODRICH ENTERPRISES, INC. d/b/a McDonald's 109 Tall Oak Drive New Cumberland, PA 17070 and ROONEY L. FELMLEE 71 South Locust Point Rd. Mechanisburg, PA 17055 and RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 and RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 CERTIFICATE OF SERVICE I, Jeffrey B. Killino, Esquire, attorney for Plaintiffs, hereby certify that a true and correct copy of the Stipulation to Amend Complaint and Amended Complaint in Civil Action has been served this date upon the following parties: Via Regular U.S. Mail„ Postage Prepaid to: Richard A. Woodruff, Sr. 109 Tall Oak Drive New Cumberland, PA 17070 and Richard A. Woodruff, Jr. 27 Goldenrod Drive Carlisle, PA 17013 Michael C. Corcoran, Esquire Bamaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 For service by the Sheriff of Cumberland County to: Woodrich Enterprises, Inc. d/b/a McDonald's 109 Tall Oak Drive New Cumberland, PA 17070 Rooney L. Felmlee 71 South Locust Point Rd. Mechanicsburg, PA 17055 WOLOSHIN & KILLINO, P.C. By: J FREY B. KILLINO, ESQUIRE Attorney for Plaintiffs, Kurt Jackson and Tracey Jackson Dated: ?? •'°i [? Y? _? ?? ? _ .,l -e? ?- y i U? WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 11fh Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON AND TRACEY JACKSON vs. McDONALD'S CORPORATION d/b/a Delaware McDonald's and RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, JR. THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 STIPULATION TO AMEND COMPLAINT IT IS HEREBY STIPULATED by and between Steven E. McConnell, Esquire, Attorney for Plaintiffs, and Michael C. Corcoran, Esquire, Attorney for Defendants, that Plaintiffs' are permitted to Amend its Complaint. S DATE DATE E. McCONP for Plaintiffs MICHAEL C. CORCORAN, ESQUIRE Attorney for Defendants. ?-? no ? ? :: is-, J o GREGORY E. CASSIMATIS, ESQUIRE Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC. d/b/a McDonald's., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD : A. WOODRUFF, JR. ATTORNEYS FOR DEFENDANT, Rooney Felmlee ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1122 Defendants To: Kurt and Tracey Jackson Notice Filed c/o Jeffrey B. Killino, Esquire 11th Floor 1800 John F. Kennedy Blvd. Philadelphia, PA 19103-2925 NOTICE You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. Date: 06 OS- By: c'! re o . Cassimatis, Es ire Attorney for Defendant, Rooney L. Felmlee KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC. d/b/a McDonald's., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD : A. WOODRUFF, JR. Defendants ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1122 AND NOW, this day of 2005, upon the consideration of the Preliminary Objections of Defendant, Rooney L. Felmlee, it is hereby ORDERED that said Preliminary Objections are SUSTAINED and: (1) Paragraph 39(c) of Plaintiffs' Amended Complaint is stricken for failure to set forth a cause of action; (2) Paragraph 39(f) of Plaintiffs' Amended Complaint is stricken for failure to conform to law or rule of court; (3) Paragraph 39(g) of Plaintiffs' Amended Complaint is stricken for failure to conform to law or rule of court; (4) The language "but not limited to" is stricken from Paragraph 39 of Plaintiffs' Complaint; and; (5) In the alternative, Plaintiffs shall file a more specific pleading. BY THE COURT J. GREGORY E. CASSIMATIS, ESQUIRE Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEYS FOR DEFENDANT, Rooney Felmlee KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC. d/b/a McDonald's., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1122 DEFENDANT, ROONEY L. FELMLEE'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes Defendant, Rooney L. Felmlee, by and through his attorney, Gregory E. Cassimatis, Esquire and files the following Preliminary Objections to Plaintiffs' Amended Complaint: 1. PETITION TO STRIKE PARAGRAPHS 39(c), (f) AND (2) AND "INCLUDED BUT NOT LIMITED TO" FROM PARAGRAPHS 39 OF PLAINTIFFS' AMENDED COMPLAINT 1. Plaintiffs filed a Complaint against McDonald's Corporation, Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. on or about March 3, 2005. A true and correct copy of said Complaint is attached hereto and made a part hereof and marked Exhibit "A". 2. Prior to the filing an Answer by the original Defendants, a Stipulation to Amend the Complaint was filed by Plaintiffs' counsel and counsel for the Defendants. A true and correct copy of said Stipulation is attached hereto, made a part hereof and marked Exhibit "B". 3. On or about May 27, 2005, an Amended Complaint was filed by Plaintiffs adding the moving Defendant, Rooney L. Felmlee as a Defendant. A true and correct copy of said Amended Complaint is attached hereto, made a part hereof and marked as Exhibit "C". 4. Plaintiffs' Amended Complaint was served on the Moving Defendant, Rooney L. Felmlee (hereinafter referred to as the "Moving Defendant"), on June 15, 2005. 5. Plaintiffs' Complaint involves an alleged slip and fall accident which occurred on or about February 13, 2004 at a McDonald's restaurant at 1014 Wesley Drive in Mechanicsburg, Pennsylvania. See Paragraphs 10 and 3 of Plaintiffs' Amended Complaint attached as Exhibit "C". Plaintiff alleges that the Moving Defendant is in the business of supplying snow and ice removal on the premises in question. See Paragraph 6 of Plaintiffs' Amended Complaint attached as Exhibit "C" Plaintiffs allege that the Moving Defendant provides snow and ice removal for the premises in question pursuant to a written contract attached to Plaintiffs' Amended Complaint. See Paragraph 8 of Plaintiffs' Amended Complaint attached as Exhibit "C" 8. Plaintiffs allege that the negligence of the Moving Defendant includes, but is not limited to, "failing to maintain the premises and all walkways and paths free and clear of obstructions, specifically including ice thereby imposing an unreasonable risk of injury to Plaintiff and other guests." See Paragraph 39(a) of Plaintiffs' Complaint. Paragraph 39(c) of Plaintiffs' Amended Complaint alleges that the moving Defendant was negligent in "failing to maintain appropriate lighting at the premises." 10. Paragraph 39(f) alleges that the Moving Defendant was negligent due to "all other negligence that may be pointed out through the discovery process or at trial." 11. Paragraph 39(g) of Plaintiffs' Amended Complaint alleges that the Moving Defendant was negligent in "violating the ordinances of Cumberland County in the Commonwealth of Pennsylvania pertaining to maintenance of the premises and snow and ice removal." 12. Paragraph 39(c) should be stricken as a matter of law as moving Defendant is alleged to have been responsible for snow and ice removal and paragraph 39(c) alleges negligence for failing to maintain appropriate lighting at the premises. 13. Paragraph 39(f) and (g) are insufficient statements as a matter of law and should be stricken from the Plaintiffs' Complaint. Said Paragraphs contain nonspecific, boilerplate allegations of negligence which are the proper subject of a Motion to Strike. See, Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 14. Similarly, the language "...but is not limited to..." contained in Paragraph 39 of Plaintiffs' Complaint should be stricken, as a nonspecific, boilerplate allegation of negligence and in violation of the pleading rules of the Commonwealth of Pennsylvania which require a party to state the material facts upon which their Complaint is premised. See Pa.R.C.P. 1019(a). 15. The Defendant is prejudiced by the "but not limited to" language contained in Paragraph 39 of Plaintiffs' Amended Complaint since its presence will allow the Plaintiff to avoid the bar of the statute of limitations and assert claims at a later date which are not time barred. See Connor v. Alle eny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 16. Pursuant to Pa.R.C.P. 1028(a)(2), it is proper to strike from the pleading averments which fail to conform to law or rule of court. WHEREFORE, Defendant, Rooney L. Felmlee respectfully requests that this Honorable Court strike Paragraphs 39(c), (f) and (g) and strike the language "but is not limited" from Paragraph 39 of Plaintiffs' Amended Complaint. In the alternative, Plaintiffs shall file a more specific pleading. Respectfully Submitted, Date: i f By:-??psr?r /sfOi;,73 fc? (i!eg E. Cassimatis, E quire Attorney for Defendant, Rooney L. Felmlee WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLINO, ESQUIRE IDENTIFICATION NO. 89999 11th Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON 5 Morgan Lane Media, PA 19064 AND TRACEYJACKSON 5 Morgan Lane Media, PA 19064 VS. McDONALD'S CORPORATION d/b/a Delaware McDonaId's Corporation, A Delaware Corporation 1014 Wesley Drive Mechanicsburg, PA 17055 AND RICHARD A. WOODRUFF, SR. 109 Tall Oak Drive New Cumberland, PA 17070 AND RICHARD A. WOODRUFF, JR. 27 Goldenrod Drive Carlisle, PA 17013 NO. 05- !!.ZZ COMPLAINT IN CIVIL ACTION AND NOW, comes Kurt Jackson (hereinafter "Plaintiff'), by and through the undersigned counsel, and complains of Defendants, McDonald's Corporation, d/b/a Delaware McDonald's (hereinafter "McDonald's"); Richard A. Woodruff, Sr., (hereinafter "Woodruff, Sr.") and Richard A. Woodruff, Jr., (hereinafter collectively, "Defendants"), as follows: Plaintiff, Kurk Jackson, is an adult individual Emd the husband of Defendant, Tracey Jackson, who resides at 5 Morgan Lane, Media, PA 19063. THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY LAW OFFICES OF BARNABA & MARCONI Mario L. Bamaba, Esq. 315 Lowell Avenue Trenton, New Jersey 08619 (609) 584-1444 Attorneys for Defendants Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. MLB #50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, VS. CIVIL ACTION WOODRICH ENTERPRISES, INC. ROONEY L.FELMLEE, RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr., in the above-entitled matter. BY: MARIO L XA, ESQ. S? O Attorney f ndants Dated: d ? 03 G co o I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: You are hereby notified to plead to the enclosed New Matter/New Matter To: Kurt and Tracey Jackson Rooney L. Felmlee days'from s her, or default judgment mVyPqen ed ainst you. By: Esquire LAW OFFICES OF BARNABA & MARCONI, LLP By: Mario L. Bamaba, Esquire Attorney I.D. #50145 315 Lowell Avenue Trenton, NJ 08619 (609) 584-1444 Attorneys for Defendants Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. MLB #50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, VS. CIVIL ACTION WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. Defendants. ANSWER OF DEFENDANTS WOODRICH ENTERPRISES. INC., RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. TO PLAINTIFFS' AMENDED COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM Defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr., by and through its attorneys, Bamaba & Marconi, LLP, hereby answer the plaintiffs' amended complaint as follows: 1. Denied. Answering defendants, after reasonable investigation, presently lack sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiff's complaint. Strict proof thereof is demanded at trial, if material. 2. Denied. Answering defendants, after reasonable investigation, presently lack sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiff's complaint. Strict proof thereof is demanded at trial, if material. 3. Admitted in part/denied in part. Answering defendants admit that Woodrich Enterprises, Inc. operated the restaurant business at the premises of 1014 Wesley Drive, Mechanicsburg, PA. Answering defendants further admit that Woodrich Enterprises, Inc. had a principal place of business at 109 Tall Oak Drive, New Cumberland, PA. The remaining allegations are denied as conclusions of law. Strict proof thereof is demanded at trial, if material. 4. Admitted in part/denied in part. Answering defendants admit that Richard A. Woodruff, Sr. resides at 109 Tall Oak Drive, New Cumberland, PA. The remaining allegations are denied as conclusions of law. Strict proof thereof is demanded at trial, if material. 5. Admitted in part/denied in part. Answering defendants admit that Richard A. Woodruff, Jr. resides at 27 Goldenrod Drive, Carlisle, PA. The remaining allegations are denied as conclusions of law. Strict proof thereof is demanded at trial, if material. 6. Denied. Answering defendants, after reasonable investigation, presently lacks sufficient knowledge and/or information to admit or deny the allegations contained in the corresponding paragraph of plaintiff's complaint. Strict proof thereof is demanded at trial, if material. 7. Admitted as stated. 8. Admitted as stated. COUNT I - NEGLIGENCE KURT JACKSON V. MCDONALD'S 9. Answering defendants hereby repeat their answers to Paragraphs 1 through 8 of plaintiff's amended complaint as if set forth at length herein. 10. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 11. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 12. (a) - (k) Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 13. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 14. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 15. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 16. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 17. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as maybe appropriate under the circumstances. COUNT II - NEGLIGENCE KURT JACKSON V. WOODRUFF, SR. 18. Answering defendants hereby repeat their answers to Paragraphs 1 through 17 of plaintiff's amended complaint as if set forth at length herein. 19. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 20. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 21. (a) - (k) Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material 22. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 23. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 24. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 25. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 26. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT III - NEGLIGENCE PLAINTIFF V. WOODRUFF. JR. 27. Answering defendants hereby repeat their answers to Paragraphs 1 through 26 of plaintiff s amended complaint as if set forth at length herein. 28. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 29. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 30. (a) - (k) Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 31. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 32. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 33. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 34. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. 35. Denied. All conclusions of law are denied without the need for further response. Strict proof thereof is demanded at trial, if material. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiffs amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT IV - NEGLIGENCE PLAINTIFF V. FELMLEE 36. Answering defendants hereby repeat their answers to Paragraphs 1 through 35 of plaintiff's amended complaint as if set forth at length herein. 37. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 38. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 39. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 40. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 41. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 42. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 43. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. 44. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON. V. MCDONALD'S 45. Answering defendants hereby repeat their answers to Paragraphs 1 through 44 of plaintiff's amended complaint as if set forth at length herein. 46. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT IV - LOSS OF CONSORTIUM TRACEY JACKSON. V. WOODRUFF, SR. 47. Answering defendants hereby repeat their answers to Paragraphs 1 through 46 of plaintiffs amended complaint as if set forth at length herein. 48. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT VII - LOSS OF CONSORTIUM TRACEY JACKSON. V. WOODRUFF, JR. 49. Answering defendants hereby repeat their answers to Paragraphs 1 through 48 of plaintiff's amended complaint as if set forth at length herein. 50. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiff's amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. COUNT VIII - LOSS OF CONSORTIUM TRACEY JACKSON. V. FELMLEE 51. Answering defendants hereby repeat their answers to Paragraphs 1 through 50 of plaintiffs amended complaint as if set forth at length herein. 52. Denied. The allegations in this paragraph are not directed to the answering defendants and thus no answer is required under the Pennsylvania Rules. WHEREFORE, answering defendants respectfully request that judgment, together with costs and interest, be entered in their favor and against the plaintiff. Defendants further request that the plaintiffs amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. NEW MATTER By way of further answer, defendants avers the following New Matter: 1. Plaintiff fails to state a cause of action upon which relief can be granted. 2. Plaintiff assumed the risk of his injuries. 3. Plaintiffs losses and injuries, if any, were caused by his own negligent and careless conduct, which included, but is not limited to the following; a) Inattentiveness; b) Failing to keep a proper lookout/make reasonable observations; and c) Failing to choose a proper path. 4. If some or all of the allegations contained in the plaintiffs complaint are proven to be correct, the same being denied, then the plaintiffs losses and injuries, if any, were caused by the conduct of third persons and entities other than the answering defendants, for whom the answering defendants are not legally responsible. 5. If some or all of the allegations contained in the plaintiffs complaint are proven to be correct, the same being denied, then the plaintiffs losses and injuries, if any, were caused by intervening and/or superseding negligent and careless conduct of plaintiff and of third persons and entities for whom the answering defendants are not legally responsible. 6. Plaintiffs claims are barred or limited as the plaintiff failed to mitigate his damages. 7. Plaintiffs claims are barred or limited by the provisions of the Pennsylvania Comparative Negligence Act and/or Pennsylvania Fair Share Act. 8. If the plaintiff was injured as alleged, the same being wholly denied, then the plaintiff is barred from recovery against the answering defendant because of his own negligence, comparative negligence and because he assumed the risk of his injuries. 9. No act or omission on the part of the answering defendants was the proximate cause of the plaintiffs alleged accident or injuries. 10. Plaintiffs claims are barred or limited in whole or in part by the applicable Statute of Limitations, Statute of Repose and/or due to improper service. 11. Answering defendants, its agents, servants, and employees acted properly and with all due care at all times material hereto. WHEREFORE, defendants pray that judgment, together with costs and interest be entered in its favor and against the plaintiff. Defendants further pray that the plaintiffs amended complaint be dismissed with prejudice and that the defendants be awarded such other further relief as may be appropriate under the circumstances. NEW MATTER CROSSCLAIM Pursuant to Pa. R.C.P. 2252(d), answering defendants herein asserts the following crossclaims against co-defendant, Rooney L. Felmlee: 1. All liability toward the plaintiff and damages alleged by plaintiff are denied. However, if the plaintiff is entitled to a recovery based upon the allegations in the complaint, said recovery would be predicated upon the acts or omissions of and the negligent, careless and reckless conduct of the co-defendant. 2. Any recovery which plaintiff may be entitled to is based upon the acts and omissions of co-defendant, whose actions and omissions are primary and active. Any act or omission by answering defendant is passive and secondary. 3. Any recovery which plaintiff may be entitled to is based upon the acts and omissions of co-defendant, who is solely responsible for the plaintiff's injuries and damages. WHEREFORE, answering defendants demand judgment in their favor and against all other parties and persons. In the alternative, answering defendants demand judgment of indemnification and contribution against co-defendant and for such other costs, attorney's fees and interest as the court deems just and L. B Dated: I SJ I Q Attorney for Defendants Woodrich Enterprises, Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. VERIFICATION I, MARIO L. BARNABA, ESQUIRE, do verify that I am the attorney for defendants Woodrich Enterprises, Inc., d/b/a McDonalds, Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr., and that I am duly authorized to make this verification on its behalf and that the facts as set forth in their answer to the plaintiffs' amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein gr4itfa"derTubjecA the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. L. BARTNTA, ESQUIRE Dated: (?/? CERTIFICATE OF SERVICE I, MARIO L. BARNABA, ESQUIRE, hereby certify that I caused to be served a copy of the within ANSWER WITH NEW MATTER and NEW MATTER CROSSCLAIM, by way of First Class U.S. Mail, postage pre-paid on August 5, 2005 on the following: Jeffrey B. Killino, Esquire Woloshin & Killino, P.C. 1800 John F. Kennedy Boulevard Philadelphia, PA. 19103-2925 Gregory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA. 17055 BY: ESQUIRE Attorney ? ?i, c-n s „ cam; ? ? -n ? ? ? ` `? ?? ?. ?' ? ??. ? , _ ? `?? _ 2. Plaintiff, Tracey Jackson, is an adult individual and the wife of Defendant, Kurt rackson, who resides at 5 Morgan Lane, Media, PA 19063. 3, Defendant, McDonald's Corporation, d/b/a Delaware McDonald's Corporation, directly and through her agents, servants, employees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed and had a duty to maintain the premises at or around 1014 Wesley Drive, Mechanicsburg, Pennsylvania, Cumberland County, Emd all paths of ingress and egress and all roadways, sidewalks, pathways, driveways and surrounding areas (hereinafter "Premises"). 4. Defendant, Richard A. Woodruff,Sr.,directly and through his agents, servants, mployees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, raintained, possessed, owned and had a duty to maintain the Premise, who resides at 109 Tall Oak 'hive, New Cumberland, PA 17070. 5. Defendant, Richard A. Woodruff, Jr., directly and through his agents, servants, !mployees, subsidiaries and affiliates, at all times mentioned herein and material hereto, controlled, maintained, possessed, owned and had a duty to maintain the Premises, who resides at 27 Goldenrod :hive, Carlisle, PA 17013. COUNT I- NEGLIGENCE KURT JACKSON V. McDONALD'S 6. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully et forth herein at length. 7. On or about February 13 , 2004, Plaintiff, Kurt:Jackson, was a guest at Defendant, McDonald's, premises when, as a direct and proximate result of Defendant, McDonald's .relessness and negligence, Defendant, McDonald's caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 8. Plaintiffs fall was caused exclusively and solely by Defendant, McDonald's, negligence and carelessness. 9. The negligence and carelessness of Defendant, McDonald's, includes, but is not limited to, the following: (a) Failing to maintain the Premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Defendants failed to maintain appropriate lighting at the Premises; (d) Defendants failed to give proper warning of the dangerous conditions posed by the ice; (e) Defendants failed to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Prerises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; 10: As a direct and proximate result of Defendant, McDonald's negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 11. As a direct and proximate result of these injuries, all of which are permanent in nature and all of which are to Plaintiffs great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 12. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 13. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff s further loss and detriment. 14. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, McDonald's. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, McDonald's, individually and joint and severally, with -fendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT II - NEGLIGENCE_ KURT JACKSON V. WOODRUFF. SR. 15. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 16. On or about February 13 , 2004, Plaintiff, Kurt.Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant., Woodruff, Sr.'s, carelessness and negligence, Defendant, Woodruff, Sr., caused Plaintiff, Kure: Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 17. Plaintiff s fall was caused exclusively and solely by Defendant, Woodruff, Sr.'s, negligence and carelessness. 18. The negligence and carelessness of Defendant, Woodruff, Sr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; 0) Failing to apply rock salt or other ice melting material to the Premises; 19. As a direct and proximate result of Defendant, Woodruff, Sr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 20. As a direct and proximate result ofthese injuries; all ofwhich are permanent in nature and all of which are to Plaintiffs great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 21. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 22. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 23. Asa direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Sr. WHEREFORE; Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Sr., individually and joint and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT III - NEGLIGENCE PLAINTIFF V. WOODRUFF, JR. 24. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 25. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Jr.'s, carelessness and negligence, Defendant, Woodruff, Jr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 26. Plaintiff's fall was caused exclusively and solely by Defendant, Woodruff, Jr.'s, negligence and carelessness. 27. The negligence and carelessness of Defendant:, Woodruff, Jr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing; an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Prerises; 0) Failing to apply rock salt or other ice melting material to the Premises; 28. As a direct and proximate result of Defendant, Woodruff, Jr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff s great detriment and loss. 29. As a direct and proximate result of these injuries, all of which are permanent in nature and all of which are to Plaintiff's great financial detriment and loss, Plaintiff has in the past and is :ntly and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 30. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 31. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 32. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Jr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Jr., individually and joint and severally, with Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT IV - LOSS OF CONSORTIUM TRACEY JACKSON V. McDONALDS 33. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 34. As a direct and proximate result of the negligence and carelessness of Defendant, McDonalds, as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter ent in his favor and against Defendant, McDonalds, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF, SR. 35. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 36. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Sr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff; Sr., in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VI - LOSS OF CONSORTIUM TRACEY JACKSON V. WOO )RUFF, JR. 37. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 38. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Jr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Jr., in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. Respectfully submitted, WOLOSHIN & KILLINO, P.C. _ BY: d) X JtffqY B. KIL O, ES 3Ti. Attorney for Plaintiffs, Kurt Jackson and Tracey Jackson VERIFICATION I, KURT JACKSON, hereby depose and say that the foregoing Complaint in Civil Action 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 unworn falsification to authorities. {SON DATED: 2-28-05 WOLOSHIH c4 IUI,,LTMO, Pc By. JEMMY B. KMLINO, ESQUIRE IDENTMCA`PION NO. 99999 11"' Floor 1600 Jahn F. Kemoody Boulevard Philadelphia, PA 19103-2925 (219) 969-2711 KURT.IACKSON AND TR.ACEY JACKSON vs, M.cDONALD'S CORPORATION d/b/a Delaware Mcdozwld's and RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, Jiff. THE 1S A KAJOR JURY TMAL ATTORNEY FOR PLAM 11i k` COURT OF CMMON PLEAS CtlIVESERLAND COUNTY ??u?, ?i^?4.h War I1O. 05.1122 STTP U ATION TO AYMND -MILL M rr IS ITEIIEBY STIPULATED by and between 5AAven E. McConnell, EMulre. Altormey for Plaintiffs, and Miehael C. Corcoran, Esquire, Atwmn v fox Defendants, that P19intiffs' are permitted to Amend Its Complaint y? bATE 5--j . II e DATE, '4 IV1IC`k k.M C. CORCORAN, MUM AitorwW for Defendants. 0 0003 5Yc JEFFPZY B.MLING, ESQV= M NT'fF'LCIkTION N0.89999 11* Flume 1500 Jmba V. Kemedy Boulevard Phibidelp6la, PA. 19103-2925 (215) 50.2711 7"WE; IS k MAJOR JURY 7MAL kr1'0nx" FOR F KURT JACKSON COURT OF COMMON PLEAS 5 Morgan Lane CL%IBERLAND COUNTY Media PA 19064 AND TRACEY JACKSON 5 Mom= Lane Media, PA 19064 es.. : WOODUICH RIIIM sIINC. d1b/a McDoneld's 109 Tel[ Oak Drive Now Cumberland, PA 17070 ' and ROONEY L. VELMLES Mcabanisburg PA 17055 and RICHA10 A. WOODRUFF, gR,_ -1-G9 Toa Oalc DA" Now CS roberland, PA 17070 and MCHAARD A. WOODIRUP'F, JR, 27 Goidenzod Drive Carlisle, PA 97019 140, 05-1122 AND Y+;CI'f'+', comes Kure 5uckkson (laeroinatler' ixiirtif p by and tbroua the undersigaW counsel, and wraaplaius of Defaadants, Woodrich Ent*mlisoa, Inc., d/b/a hloDonald'a (bereine£i s I(C y kattl, ^'v' ? 14,a?Rrllii? o {6 ??t (fi".r{a N,.. FV a??,?c. ftb.?°??gaFk CF'fFQ? L:p ?i rp? 6'.i4?L3G3?:? T.p a?T?°e',db A 4 (tterainalter "Wm .*u , Jr. fir =d Frsa cYy einsae_ {aereiesaaitrs '°c'°Ylmies" > to ansP4sr aolleaevelyt "Deiendan&% as far"lows: 1. Piaintiff', Ku* Jackson, is an adult. Individual, and die, hushamd of Dtfendmt, Tracey Jackson, who resides at 5 Morgan Urge, Media, PA 19063, 2. PlaintUt TtReey Jackman, is an adult indiviaud Mail the wi& of DQ: ftzdaat, Kurt 3acksaa, who resides at 5 Morgan Lanz, Medis, PA 14063. 3. Defendant, Woodrich Eaterprisms, Inc,, d/b/a McDonaid's, directly ttnd Wough its agents, servants, zraployeea, subsidiares and afsrllaum, at all times mentioned herein and material hereto, controlle4 mabitained, possesacd and had a duty to maiawn the promisas at or around 1014 Wesley Drive, Meabmiasburg, Pennsylvania, Cumberland County, and all PaSs of ipw= and egress said all roadways, sidewal3z, pothvxys, dr?vcmya and snravondiag arms (b=olwAcr "Promisors"), with a place of buslitcas at 109 Tall 020c ]hive, New Cumberlatul, PA 17070, 4. Defendaar, Riehard A. Woodruff, Sr,, dircotly and through bis agents, savants, employees, subsidia w Mad aMatas, at all timesnreationcdb®aoia andsitarial "karate, oonttolled,_ laiaisnlrie?i; passisseih 6WDO cd sndfiad a duty to rme altiaintha Premises, wino res clae at 109T all oak Drive,-New tberland, P-Aj7DIR 5. DtfendRIlt, Mo'hanl A. Woodruff, Jr.. directly and through his Ageats, servants, eraploycea, subsidiaries and a'Min%, at all times mt itioaed hersin Mad rrlateddhemto, oontmiled, Maintained,possessed, owned andhad a dutyto maaio-fiilsthtRMMl®ea,-who resides at z7 Goldenrod Dri4`c, Carlisle, Papa 17013. 6. De€eadaat, Roontry L. Felmlee, is an adult individudwho tesideaat 71 SauthLccust .2_ I'C134; ? Qg?„ t'?d.`^..II29.1?SCStr? .?"" ? Le`"ffi44 i$ L ?e't re'iY.iu219°.. ffiq ror"? ?. E??' EnC 7:f' xCIC?:".? C? tt1;' ?' rHYYAi98o. 7. Defesadesat Fskmlea is an Brent, servant, worianan and ampioy= M D d=ts who aairgdirectlyandtluousahhisownagents, servants, omploycesendwarkancnatalltimmg `==tinned herein and rnatwial hereto maintained or had a duty to maintain the Premises. a 3. Pefemdant FoLm to provided snow and ice removal for the FremiBm pwm=t to a Nsitten cm team, a copy of which is sitachad hereto and marked as P_XW%t 6W irgM T-NEGL1 WaNM KliffiT 3 CKSON V. hIgMNaLD'S 9. Plaintiff hereby incorpotatss all maths sued elsewhere in this pleading ss if fully sat forth herein at length. 10. On or about Febraw 13, 2004, Plain'tM Xud Iackson, ?vae a guest at Dett.ndsnt, MdDonsld's, prewAs s when, as a di=t and pro:dmate result of Dobodamt. MoDonald's geekaoataalip,sttun6lo carolassncss and ucgligvnea, Dc£QUleat, McDonald's eausedPlairil sir, Kurt and fall, thereby reaulftg in serious and pttramest injuries. 11. Plairniff s fall Yves cawed exclua vely and sanely by Defcx d t, McDbu4i's, r4;,&zaamc-and =alcasucas. 12. The negiigcace mid carelessness of Dafendmt, McDons1w9, ftwudes,butiaaet limbed to, the fallowing; (s) Falling to 1AaintIdU the PrcmliSOS and all wakways sad paths free and cleat' from obstructiozse, spteifisa3,ly isi:.ludiatg its, tbm;by pcritg an ummonsble risk of injury to Pluina f and other guests; .3- (6) Uliog tc? raeLm r: ^r zombis = tlcri the ?MM" gm; Was ,yw:.nd psthwavs, whi nh should hwz reveals. the wdster-e of a dangDm s condition Posed. bry the icz; (c) Desendatxts Wed to rrtaMtair a;Tropriete!Ightins at the Pa-.uses„ (4) D:f mdants failed to give props, mraing of the dmngerous couditions posed by the ice; (e) Defandauts failed to erect barricades or talte any other safety precautions to prevent injury to I'taitttiff and otter guests: (f) All other negligence dent navy be pointed out through the disaovaay proms or attxial; (g) Violatlns the Ordinances ofC=baxlmnd County and the Con=Irwcalth of Pennsylvania pertaining to maintenance of the Pretnisea and snow and lee removal; (it} Allov+ing a ureter ruse-arott the Premises thereby caeatitag as atAUY?tttielion of I=; (i) Failing to remove the ice fraxn the Promises; 15)_ _ Pailinglo apialy rock U ur (titter is snaltiM suatasW to 4ae Premises, Failing to • (h) aPP PAX x'tiucrve m?aav eixd a"ce"ftettrti?Prerxusee: 13, Pus a dLnnt--amd -psaximmata mot of Defendant, McDcmald'a oolftenoe and Careaess =, Plaintiff, Ktut IMASOn, suffered vasdous serious and rexmaaaat personal Wutioe, serious impairment a£bodily f motion, permanent and serious dieSSurerntat and/or aggravation of certain injories inoiurding, but not limited to broker, fibula and torn 1°rgaments, serious Nurias to the head,neck, shoulders, back and other ailanontaer4 injuriesalltoPWatifa a great deuimeat and loss, ia, Asa. direct nndgroxinaleresultofthcSCWurim,alloy'wWrchampat p==eal in natiZe - 4 and all of which are to Plaintiff's great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 15. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 16. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff s further loss and detriment. 17. As a direct and proximate result of Defendant's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, McDonald's. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, McDonald's, individually, jointly and severally, with - Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT 11- NEGLIGENCE KURT JACKSON V. WOODRUFF. SR. 18. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 19. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Sr.'s, carelessness and -5- T? ?F negligence, Defendant, Woodruff, Sr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 20. Plaintiff s fall was caused exclusively and solely by Defendant, Woodruff, Sr.'s, negligence and carelessness. 21. The negligence and carelessness of Defendant, Woodruff, Sr., includes, but is not limited to, the following: (a) Failing to maintain the piemises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the, Premises; -6- {{ It' 0) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove ;snow and ice from the Premises. 22. As a direct and proximate result of Defendant, Woodruff, Sr.'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments and injuries all to Plaintiff's great detriment and loss. 23. As a direct and proximate result of these injuries, all of which are permanent in nature and all of which are to Plaintiff s great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 24. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. 25. As a direct and proximate result of the injuries sustained, Plaintiff has, is presently and may in the future undergo a great loss of earnings and earning capacity all to Plaintiff's further loss and detriment. 26. As a direct and proximate result of Defendmit's negligence and carelessness, Plaintiff has and will in the future be obligated to expend monies for medicine and medical care to help treat and cure the injuries caused by Defendant, Woodruff, Sr. WHEREFORE, Plaintiff, Kurt Jackson, respectfully requests this Honorable Court enter judgment in his favor and against Defendant, Woodruff, Sr., individually, jointly and severally, with -7- Defendants, in an amount to exceed the jurisdictional Arbitration limit together with interest, costs, attorney's fees and any or other further relief this Honorable Court may deem just and proper. COUNT III - NEGLIGENCE PLAINTIFF V. WOODRUFF, JR. 27. Plaintiff hereby incorporates all matters stated elsewhere in this pleading as if fully set forth herein at length. 28. On or about February 13 , 2004, Plaintiff, Kurt Jackson, was a guest at Defendant's Premises when, as a direct and proximate result of Defendant, Woodruff, Jr.'s, carelessness and negligence, Defendant, Woodruff, Jr., caused Plaintiff, Kurt Jackson to slip, stumble and fall, thereby resulting in serious and permanent injuries. 29. Plaintiff s fall was caused exclusively and solely by Defendant, Woodruff, Jr.'s, negligence and carelessness. 30. The negligence and carelessness of Defendant, Woodruff, Jr., includes, but is not limited to, the following: (a) Failing to maintain the premises and all walkways and paths free and clear from obstructions, specifically including ice, thereby posing an unreasonable risk of injury to Plaintiff and other guests; (b) Failing to make a reasonable inspection of the Premises, walkways and pathways, which should have revealed the existence of a dangerous condition posed by the ice; (c) Failing to maintain appropriate lighting at the Premises; (d) Failing to give proper warning of the dangerous conditions posed by the ice; (e) Failing to erect barricades or take any other safety precautions to prevent -8- injury to Plaintiff and other guests; (f) All other negligence that may be pointed out through the discovery process or at trial; (g) Violating the Ordinances of Cumberland County and the Commonwealth of Pennsylvania pertaining to maintenance of the Premises and snow and ice removal; (h) Allowing a water run-off on the Premises thereby creating an accumulation of ice; (i) Failing to remove the ice from the Premises; (j) Failing to apply rock salt or other ice melting material to the Premises; (k) Failing to appropriately remove snow and ice from the Premises. 31. As a direct and proximate result of Defendant, Woodruff, Jr-'s, negligence and carelessness, Plaintiff, Kurt Jackson, suffered various serious and permanent personal injuries, serious impairment of bodily function, permanent and serious disfigurement and/or aggravation of certain injuries including, but not limited to broken fibula and torn ligaments, serious injuries to the head, neck, shoulders, back and other ailments. and injuries all to Plaintiff's great detriment and loss. 32. As a direct and proximate result ofthese injuries, all of which are permanent in nature and all of which are to Plaintiff s great financial detriment and loss, Plaintiff has in the past and is presently and may in the future suffer great pain, anguish, sickness and agony and will continue to suffer for an indefinite time in the future. 33. As a direct and proximate result of these injuries, Plaintiff has suffered emotional injuries, mental anguish, humiliation, loss of life's pleasures and the inability to tend to social obligations, along with the physical injuries suffered. -9- 34, esu% a &r ad prtaxisRat: r=3utt ofth-- -:W=its sustained, "Iftintilfbaz. W pre-S=ntly and may in Cite futurs undcrgz a great icss of tss xsiagu said earning capacity all to Pl f1ms €+irt lm iris and detriment. 35. Asadimtandpcogirttatcresult ofDofend%%t`sne¢ligcncesadcamlessneu,Plaintiff Elias and will its the future be obligated to expand monies for medicine and medical care t$ hale treat and cure the injurlcs caused by Defendant, Woodruff, Jr. '4'vEMTSFORE, Plaintiff, Kurt Jackson, respoetfuily requests this Hcnorable Court enter judment fn his favor and against Defendant, tWoodru= Jr., individually, jointly and soverally,vrith Defendants, in an amount to axabod the jurisdlctiatWI Arbitration l ntrt together with interest, costs, attorney's fees and any or other farther relief Ills Honorable Court may derma just sand proper. PI.AFt9 t IFF M. 'p'ct= 36. Plaints hereby iuwq*ratcs all matters stated olsawbete is this plesading as if fully set forth herein at lengds. 3 I7a er about tbrtsaty 13=, 2QQ4,1'le;issti,ICtut J - -a' was a gutat at Defendant's Premises when, as a direct turd proximate remelt of 0 FelmleW-w ?Id negligence, Defendan, kelmim comeed Plaiudff, Kurt Jackson to slip, SWMble AAd Emil, thereby resulting in serious and peaatanent injx rics. 38. ?Wntiff s fall was caused cxolusivaly said solely 6y Deefeadant, FolmIm's, negligeneo and oarokssnoss. 39. The oegti8e008 and o5®r®lBSMM of Dafhadant, FaIM1eee, iWAIAde%but is net limited to, the following: =1:0. (a,) Pailz to Maintain the premisvt and all VMkwzys and ZCW free mud cis ffrora ab3tmctiors, speoidiealiy imiuding iV-, taetebl posing Mrs Unrfmsunablt risk od inj1%4z ° it ?Wntifr- and aetit:r 9atastse (t,) Failing to make a reasonable inspection of tlas Premises, veslk-ways and pathways, v&dch should bavca revesledthe existence of a dangwous condition posers by the ice; (c) Failing to maintain appropriate liglaiing at the Premises; (d) Failing to glue proper warning cTthe dangerous conditloas posed by the ice; (e) railing to arect UOMea&S or lake any crd= safety PTw:%Ationa m Inemt injury to Plaintiff and wher guests; (f) All other at+giigemm that may be pointed out throtngh tine diwoveay process Or at Vial; (g] Viclatizz the Ordinances of Cumberland County and the Conoraonwvfhh of Ponnsylveatia lxrtsirft to rnakaeux= ofibe Premises and scow and i= removed: (h) ?allowing a water =-off on ttie PreMism thereby crastistg an acc mrRitidon of ice; (1) Fa2ms to vemvvothe lot Franatlty Pttmwes: (y) pwingto Apply Took salt or other im meiaiag mat aria, to the Pnmulsms; (k) 'Failing to appropriately rernove snow and ice from the Prerplow, 40. As a dimot sad proxiumte result of Defendant. Falmlees, negligence and carelesuncss, Plaintiff, Kud 7ackso% stn"£=d various serious and pozrnantut personal ?n Wes, serious impairment of bodily function, permanent acid serious deffguremvnt aad/or aggravatim of owtait, ir?uries inaludistg, but not limited to broken i1bula and tnra liganlttts, sC:leDe inJvries to the -11- G hens, n3c1, should=, beck and other aiFrrants aaad tajaaries all to Piaiatirs gra2 detrirD=nt and toss. 4t. 4saelha teaadprorimamresuttofttieiurimmszai€¢sfaraaimmiiesr?mnsatwttraaaa.gar: atd all oa w"raieh are to Ptuint4ia'e gserit :uaanccai detriment saar3 ICES, Piaiatifa lase irk the vest and is prsently and may in the future sufaep great mitt,, anguish, sicktwss sad agony and wW continue to sui'£'er for an indefuaito time in the future. 42. As a dit=% anti prm;ltnato result of those injuries, Plaintiff hos suff=cd emotional injuries. snMW anguish, hw; ailiation, loss of life's giansares and the inability !n tend to social obligatiorm, along with the pbysical Wjurics suf3brod.. 43_ As a direct anti ptmtirtrste result of the injtu ea sustaiaad, plaindf£ h a% is presently and may in the fu v a undergo a pleat loss of earnings and aarnlag capacity A To FlaimWs further loss and detriment. 44. Asadimtendp?sxlrnatmresultaFDoFmndttnt'snegligeneaamdcareles"askPlsiatiff has and will in the £utnso be ablizattedto =pmd mAnies formediaine and ma&vd ease to helpueat and oure the injuries onus; d by Dd adark% Felrnlae.. REFoRr, PlsinAxtut 3'acksttr4 tcsl>td3l requsst 't;t3s l sbin Co .caster judcmem in his fever end against VMfondm,t, Folmloo, inAvidu,aU.y- joln"y and severalty, with Defendents, in an amount to exceed the jurisdictional Arbitratlan limit together with interest, casts, attorney's fees and any or other farther relief this Htrttorteblc C"'t may doom }test and proper. ,cau*??' y' - I Ms CAF, CtJWs TWK 45, Tj%e Plaintiff, Tracy 3aaksou, har eby ittyarpa#ate all matters stated elsewhere in this pleading as if fully set forth hf=in. .t2- 46. As a direct and proximate result of the negligence and carelessness of Defendant, McDonalds, as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, McDonalds, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limitplus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VI- LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF. SR. 47. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 48. As a direct and proximate result of the negligence and carelessness of Defendant, Woodruff, Sr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, W oodruff, Sr., individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VII- LOSS OF CONSORTIUM TRACEY JACKSON V. WOODRUFF, JR. 49. The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 50. As a direct and proximate result of the negligence and carelessness of Defendant, -13- Woodruff, Jr., as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in her favor and against Defendant, W oodruff, Jr., individually, jointly and severally, with Defendants, in an amouatto exceed the jurisdictional arbitrationlimit plus interest, costs and counsel fees and any other further relief it may deem just and proper. COUNT VIII LOSS OF CONSORTIUM TRACEY JACKSON V. FELMLEE 51 The Plaintiff, Tracey Jackson, hereby incorporate all matters stated elsewhere in this pleading as if fully set forth herein. 52 As a direct and proximate result of the negligence and carelessness of Defendant, Felmlee as set forth above, Plaintiff, Tracey E. Jackson, has been deprived of the assistance, society, companionship and comfort of her husband all to her great emotional damage and loss. WHEREFORE, Plaintiff, Tracey Jackson, respectfully requests this Honorable Court enter judgment in. her favor and against Defendant, Felmlee, individually, jointly and severally, with Defendants, in an amount to exceed the jurisdictional arbitration limit plus interest, costs and counsel fees and any other further relief it may deem just and proper. Respectfully submitted, WOLOSHIN & KILLINO, P.C. BY: JERF`REY B. KILLINO, ESQUIRE Attorney for Plaintiffs, Kurt Jackson and Tracey Jackson -14- k 1 VERIFICATION I, KURT JACKSON, hereby depose and say that the facts set forth in the foregoing Amended Complaint in Civil Action 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 unworn falsification to authorities. VERIFICATION f, TRACEY JACKSON, hereby depose and say that the facts set forth in the foregoing Amended Complaint in Civil Action are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subj ect to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. TRAC JACKSON r RPONE FELMLEE • °vl?r seck? ?? , COGlPM& Addm7s Pt{ce 9; ??,• aP to s ? i'att":ktta M! ??• ,3 Ai ,e •91'•once l?" Dt'Evtlwayts(?N S O ovetlra`h%* i?,-.?-.-•,..='9?Ja'1t? haft ?51Ydu11?it1IUIS?D 4, *X* VA bM aafal O N aeatarvlla m 1:6 MV.M boom am*M - [; q*aw is pwpiwo ft -Pa aadNlonal tart **, *ow call etrxal r.z e 6eart?4fACYlar. "Y t, . ? - - -- r4 ayaarvuued teatornar, Tlw Two pmaw wabwmp ho" tYan"d ms la k aude oft add+wlow to ft OAVXG w w eoakidt: U)P COMAM dam not take Oftok *4 a TN=is aa_amaOM. Az us thew, ft*wJnp nan, Afti, wW smaa stwrraoaJntthanotls can atuao Itaadlefars txmdtVoss far v", tMomaaa, attd or Cslatnas, Jo 6w" mu pm"am "owfi a wAt k*Ado "owns =Pagoh bDel w 0.15. riot "a) ebevaw m?la?ai?cd strap es o to aeu" ip at w4moft wA paiko weak Fee w -6?t/D?E?NN.tI{.NA-iCr{? WILT.?...,,.x.,,.........,n....?yS / I IDppq R'VYYI Filti?wn.r.rwrwwxwa,tN,nxllx,,,"ugewxW W?M ocalds ed IF, PAR MYRSOoN YOU PSt Ei4'?AtJ:R! r 1ii19 at-?avsc?, at sW DION IIM.otnr,aW t "TH BROW SERVIOS CPNT t , 1 g autoas v ke awkt told 44 atr toe `" - CWA e N• I Ei ? 4ohL9 61n w m? g}g de C Aotnev6 ?'.. P Roo ?-Qli laa kwki tl E A yrmmgG PROMPT. 5Eii?N?1.89Fikf ? lm=fmia: Propscw Mtdlrftran= Snow FlamoA t owd Lome Saf4 Pvkrdsdng ElapaU» zi any kind P.O. BC 3215, Shi VrWrWK0W +, PA. 17811 9gY=1572 FREE ESTtMAMS CUST%061 047M sway mq/? >?,. STJkMMBNT <i AVtot16 WLAN= BROW REMOVAL 2- AalMEWAN05ACAMSVr or qs?- 4.7 ...ass PLEASE PAY THIS AMOUNT 10. tgyA sv '[rJlitft METH Okla. A P?1np CMNRaC OF 1.11L1Y r'6R fAdyrYiVli1.? PPlLIEO t0 nM' wrranr?em Plil'm. THANK YOU Pon YOUR ':3llSt91 ass I atau/200i lefto r"YoR No. vF 4TdG; LO IUK & =LLINCe P.C. `:=FB.'.z1r B. I= , r8Q€I7[ ME, NL'MC,A.'170N No. 8999¢ 18000 Johan F. Kennedy Roulevaad,11'V Fl.. Philadt lphia, PA, 19103-2925 (219 564.2711 1':URT JACKSON 5 Morgan Lane Media, PA 19064 AND TRACEY.JACKSON 5 Morgan Lane media, PA. 19064 vs.. WOODRIC14 B1.TrERPK1SFS, INC. d/bAaMeDouald's 109 Tall Osk Drive New C=berland, PA 17070 and 1L0E1' 4XY L. FM24L,BE 71 South Loocust point Rd. Machaulaburg. PA 17055 and TaCHARD A. WOODRUFF, SR- 109 TAU Oak Drive New CUmbetIM4 PA 17070 and MC HARD A, WOODRUFF, M -27'0 ti:=d-Drkve Carlisle, PA 17015 TMS is A 1 OR: XU)K'V'€ RiA.L 457r lz EY FOR PLA FF CaLTRT OF COWON FLEAS CUMBERLAND COUNTY NO. 05--113 1, Jei vrey H. Killino, Esquire, attorney for Kaineflis, hereby certify that a true and = 1= COPY of the $txpulativn to AM=dd CosnpWrt and Amended Complaint in Civil Action I= been served this Ante upon the following parties: Via Regular U.S. Mail,, Postage Prepaid to: Pichard A, Woodrugl, Sr, 109 Tall Oak Drive New Cumberland, FA 170774 and 27 Goldemod rSrive Carlisie, PA 17013 Michael C. Coraersu, Bsquim B=aba & Mamoui, LL? 315 Lowell Avenue Tvanton, NJ 08619 For service by the Sheriff of Cumberland County to: Woodrich Easterprises, Iac. d/Wo MoDonald's 109 Tell Ogk Dtive Now Cumberland, pA 17070 Rooney L. Felmlee 71 South Locust Point Rd. Mechanicsburg, PA 17055 Dated. ?w ? ?' ?? WOLOSHIN & KRIZ40, P.C. By: r.?. resY a. ItII,I,?Ia, sse?wts Altmaaey for plaintiffs, Kurt Jackson =1 Tracey Jackson CERTIFICATE OF SERVICE AND NOW, this ZI day of 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Rooney L. Felmlee, hereby certify that I served a copy of the within Preliminary Objections to Plaintiffs' Amended Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Jeffrey B. Killino, Esquire l ls' Floor 1800 John F. Kennedy Blvd. Philadelphia, PA 19103-2925 Michael C. Corcoran, Esquire Barnaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 Richard A. Woodruff, Sr. 109 Tell Oak Drive New Cumberland, PA 17070 Richard A. Woodruff, Jr. 27 Goldenrod Drive Carlisle, PA 17013 Woodrich Enterprises, Inc. d/b/a McDonald's 109 Tell Oak Drive New Cumberland, PA 17070 lr/ By: v re o . Cassimatis, squire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 r-? p r• `-y "n ? r? r ?.; t? rf ? ? -v ?c,a O '" J '?- n CJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET AL VS MCDONALD'S CORPORATION ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: WOODRICH ENTERPRISES INC D/B/A MCDONALDS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT AMENDED On July 11th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 57.26 Postage .37 94.63 07/11/2005 WOLOSHIN & KILLINO So answa9!' R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this .la. day of o2 to A.D. C? Q w, Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ON KURT ET AL VS MCDONALD'S CORPORATION ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AMENDED ROONEY L DEFENDANT was served upon the at 1819:00 HOURS, on the 13th day of June , 2005 at 71 SOUTH LOCUST POINT ROAD MECHANICSBURG, PA 17070 by handing to LYNN FELMLEE, WIFE a true and attested copy of COMPLAINT AMENDED together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 12.80 Affidavit .00 Surcharge 10.00 .00 28.80 Sworn and Subscribed to before So Answers: R. Thomas Kline 07/11/2005 WOLOSHIN & KILLINO me this _ a2,,A,A, day of CIL .2,q, , A.DA.D. P o honotary By: 'Dep y Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717)771-9601 SHERIFF SERVICE ( PISTRWTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN I PLEASE TYPE ONLY LM 1 THRU 12 DO NOT DETACH ANY COPIES Kurt Jackson et al 2 COURT NUMBER 4. TYPE 3. DEFENDANTISI McDonald's et al SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Woodrich Enterprises Inc d/b/a McDonalds 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO. TWP , STATE AND ZIP CODE) AT 109 Tall Oak Drive New CLnuberland PA 17070 7. INDICATE SERVICE- D PERSONAL O PERSON IN CHARGE U DEPUTIZE U CERT. MAIL U 1 ST CLASS MAIL U POSTED U OTHER NOW June 6 2005 I, SHERIFF O NTY, PA, do hereby deputize the sheriff of York COUNTY to execute t Wri,rd make return tfjet according to law. This deputization being made at the request and risk of the plaintiffs ='? =° "?a pr B. SPECIAL INSTRUCTIONS OR OTHER INFORMATIO THAT WALL ASSIST ADVANCE FEE PAID BY WOLOSHiN KILLINO PC YA+ y. C (Q %L Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in Possession, after notifying person of levy or attachment. without Liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED JEFFREY K1111NO ESQ OF WOLOSHIN & KILLiNO PC L15-569-2711 1300 JFK 6LVD 11TH F'LR PHILADaPHIA PA 19103 5.1/dS 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW'. (This area must be completed d notice is to be masted) 13. 1 acknowledge receipt of the wan 14. R AHRFNS DATE RECEIVED 15. cpirabon/Hearing Date - Or complaint as indnted above. 5/9/OS C? 26 _Cd-? 16. HOW SERVED. PERSONAL ( RESIDENC POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby certify and return OT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1S. NAME AND TI NON !- SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Serva:e 20. Time of Service UC ???- P2i6Sr )!r'r rNJ01?21LH lZ/y' l-C? /? 27. TT PTS Date Turner des Int. Date Time Miles Inl Date Time Miles Int. Date Time Mdes Int Date Time Miles Int. Date Time Mlles Int. 22 I 1 23. v ncpsCgsls UUU 24. Service Costs ( J co 25. N/F 26. Milea / 27. Postage 2e. Sub Total 29. Pound 30 Notary 31. Surchg - 32 y a. Coals 33 Cosl n k O 37-2 6 .a 4.A. 34. Foreign County Coats 35. Advance Costs 36 Service Costs 37. Notary Cert. 36. - eagelP03tagelNol Found 39 . Total Costs 40. Costs Due or Refund 41. AFFIRMED and subscribed to before me this 6TH ANSWERS 42. of . n-?q L<61:a M. Signature of Dep. Shergl a5 DATE ? MELISSA J 51 ? - P Nota RQA51 / OTARY ' ?-- . _ ., 46. Spnalure W York 47 DATE City of Yo Yn? i< County County SnenR . My coTme.?ir ? -es can cos LIILLIAM M HOSE SE3[tIFF V' ? 7/6/0 ?/) 4 , 5 / / i ? G a8. Signature of Foregn c _ 49 DATE ?- ounty snenrt ? OF AUTHORIZED ISSUING AUTHORITY AND TITLE I. WHITE - IsamOg Authority 2. PINK - Attorney 3. CANARY - Sheaft's Office 4. BLUE - Sharers Once GREGORY E. CASSIMATIS, ESQUIRE Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEYS FOR DEFENDANT, Rooney Felralee ORIGINAL KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC. d/b/a McDonald's., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1122 PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Please withdraw the Preliminary Objections of Defendant, Rooney Felmlee in the above- captioned case. Date: 7-2$-6s- By: -? Gregory E.fe, simatis, Esquire Attorney for Defendant, Rooney L. Felmlee CERTIFICATE OF SERVICE AND NOW, this Z-? day of 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Rooney L. Felmlee, hereby certify that I served a copy of the within Praecipe to Withdraw Preliminary Objecitons on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Jeffrey B. Killino, Esquire: 11th Floor 1800 John F. Kennedy Blvd. Philadelphia, PA 19103-2925 Michael C. Corcoran, Esquire Bamaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 Richard A. Woodruff, Sr. 109 Tell Oak Drive New Cumberland, PA 17070 Richard A. Woodruff, Jr. 27 Goldenrod Drive Carlisle, PA 17013 Woodrich Enterprises, hic. d/b/a McDonald's 109 Tell Oak Drive New Cumberland, PA 17070 7 By: Gregory F, simatis, Esquire 4999 Lou' a Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 ?? o r) ? 'il uf? .? -+. jl'l Y- v ???Li 't ' CTS -.i GREGORY E. CASSIMATIS, ESQUIRE Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC. d/b/a McDonald's., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD : A. WOODRUFF, JR. Defendants ATTORNEYS FOR DEFENDANT, Rooney Felmlee ORIGINAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1122 PRAECIPE TO FILE A STIPULATION TO THE PROTHONOTARY: Please file the attached Stipulation in regard to the above matter. Date: 9-Z9-05- By: ego assimatis, Esquire Attome for ]Defendant, Rooney L. Felmlee WOLOSHIN & KILLING, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 11" Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON AND TRACEYJACKSON VS. WOODRICH ENTERPRISES, INC. and ROONEY L. FELMLEE and RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, JR. THIS IS A MAJOR JURY TRIAL ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 STIPULATION IT IS HEREBY STIPULATED by and between Jeffrey B. Killino, Esquire, Attorney for Plaintiffs, and Gregory E. Cassimatis, Esquire, Attorney for :Defendant, Rooney L. Felmlee, that paragraph 39 (c), (f), and (g) as well as the language "but riot limited to" is withdrawn from Plaintiffs Amended Complaint. C7a-ot DATE JEFF Y B. KILLINO, ESQUIRE Attorney for Plaintiffs 7,ZP-as" DATE it e GREGO PlE. CASSIMATIS, ESQUIRE Attorney o r Defendant, Rooney L. Felmlee CERTIFICATE OF SERVICE AND NOW, this 21 11 day of r 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Rooney L. Felmlee, hereby certify that I served a copy of the within Praecipe on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Jeffrey B. Killino, Esquire 11 to Floor 1800 John F. Kennedy Blvd. Philadelphia, PA 19103-2925 Michael C. Corcoran, Esquire Bamaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 Richard A. Woodruff, Sr. 109 Tell Oak Drive New Cumberland, PA 17070 Richard A. Woodruff, Jr. 27 Goldenrod Drive Carlisle, PA 17013 Woodrich Enterprises, Inc. d/b/a McDonald's 109 Tell Oak Drive New Cumberland, PA 17070 By: Grego assimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attoney I.D. # 49619 r? C1 ?? ? .? ?: t`` C11 t". ~ ? ? ' ? ? = r `;? {f1 -'- .-._, ? GREGORY E. CASSIMATIS, ESQUIRE Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEYS FOR DEFENDANT, Rooney Felmlee ORIGINAL KURT JACKSON and TRACEY JACKSON, Plaintiffs, V. WOODRICH ENTERPRISES, INC., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. and RICHARD A. WOODRUFF, JR. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA A WRITTEI ENCLOSED No. 05-1122 WFTHIN 7vV SERVICE Na MAY BE ENl DEFENDANT ROONEY L. FELMLEE'S ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes Defendant, Rooney L. Felmlee, by and through his counsel, and files this Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiffs' Amended Complaint as follows: Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiffs' Amended Complaint and the same are deemed denied and strict proof thereof demanded. 2. Denied. After reasonable investigation, the Defendant is without knowledge or Et information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of Plaintiffs' Amended Complaint and the same are deemed denied and strict proof thereof demanded. 3. Admitted on information and belief. 4. Denied. By way of further Answer, see Answer to number 3. Denied. By way of further Answer, see Answer to number 3. 6. Admitted with clarification. It is admitted that the Answering Defendant is an adult individual residing at 71 South Locust Point Road, Mechanicsburg, PA who is in the business of providing snow and ice plowing or removal. Admitted in part and denied in part. It is admitted that Defendant, Felmlee was an agent of Defendant, Woodrich Enterprises. The balance of the allegations contained in Paragraph 7 of Plaintiffs' Amended Complaint are denied pursuant to Pa.R.C.P. 1029(e) and as legal conclusions to which no responsive pleading is required. 8. Admitted that the contract speaks for itself. COUNTI KURT JACKSON v. MCDONALD'S 9.47. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT II KURT JACKSON v. WOODRUFF, SR. 18.-26. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT III - NEGLIGENCE KURT JACKSON v. WOODRUFF, JR. 27.-35. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT IV - NEGLIGENCE KURT JACKSON v. FELMLEE 36. The Answering Defendant incorporates his Answers to Paragraphs 1 through 35 above by reference as if fully set forth at length. 37. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 37 of Plaintiffs' Amended Complaint and the same are deemed denied and strict proof thereof demanded. 38. Denied as a legal conclusion to which no responsive pleading is required and pursuant to Pa.R.C.P. 1029(e). 39. (a)-(b) Denied pursuant to Pa.R.C.P. 1029(e). (c) This allegation has been removed by Stipulation. (d)-(e) Denied pursuant to Pa.R.C.P. 1029(e). (f) This allegation has been removed by Stipulation. (g) This allegation has been removed by Stipulation. (h)-(k). Denied pursuant to Pa.R.C.P. 1029(e). By way of further Answer, Plaintiff's allegation that the negligence and carelessness of Defendant, Felmlee includes "but is not limited to" has been removed by Stipulation. 40. Denied pursuant to Pa.R.C.P. 1029(e). 41. Denied pursuant to Pa.R.C.P. 1029(e). 42. Denied pursuant to Pa.R.C.P. 1029(e). 43. Denied pursuant to Pa.R.C.P. 1029(e). 44. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON v. McDONALD'S 45-46. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT VI - LOSS OF CONSORTIUM TRACEY JACKSON v. WOODRUFF. SR. 47.48. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT VII - LOSS OF CONSORTIUM TRACEY JACKSON v. WOODRUFF, JR. 49.-50. These allegations are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. COUNT V - LOSS OF CONSORTIUM TRACEY JACKSON v. FELMLEE 51. The Answering Defendant incorporates his Answers to Paragraphs 1 through 50 above by reference as if fully set forth at length. 52. Denied as a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. NEW MATTER 53. Paragraphs 1 through 52 above of the Answering Defendant's Answer to Plaintiffs' Complaint are incorporated herein by reference a if fully set forth at length. 54. Plaintiffs' Amended Complaint fails to set forth a cause of action upon which relief can be granted. 55. Any work Defendant, Rooney L. Felmlee, performed in connection with his contract for the premises in question was performed in a workman like manner and in accordance with the terms and specifications of his contract with Co- Defendant, Woodrich Enterprises, Inc. 56. Any work performed and completed by the Answering Defendant was inspected, approved and accepted by Defendant, Woodrich Enterprises, Inc. prior to the Plaintiff's alleged accident. 57. No deficiencies or defects in materials and/or workmanship existed in the work performed by the Answering Defendant. 58. Plaintiff's injuries and damages, if any, were caused solely and directly as a result of the negligence, carelessness and recklessness of the Plaintiff in failing to exercise ordinary care for his own safety under the circumstances. 59. Plaintiff assumed the risk by traversing over and/or into an open and obvious condition. 60. Plaintiff had notice and knowledge of the condition alleged to have caused the accident in question and did knowingly, and willfully encounter this condition and did assume the risk of any injury that could have arisen. 61. If it is determined that the Answering Defendant is liable in Plaintiff's cause of action, the Answering Defendant avers that Plaintiff's recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. § 7102. 63. If Plaintiff suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties unknown to the Answering Defendant and over whom the Answering Defendant had no control or right to control. WHEREFORE, Defendant, Rooney L. Felmlee demands judgment in his favor and against the Plaintiffs, together with costs of suit. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO Pa.R.C.P. 2252(d) DEFENDANT ROONEY L FELMLEE v. WOODRICH ENTERPRISES, INC. 64. Paragraphs 1 through 63 above of the Answering Defendant's Answer with New Matter to Plaintiffs' Amended Complaint are incorporated herein by reference a if fully set forth at length. 65. For purposes of this crossclaim, the allegations and counts against the respective parties as set forth in Plaintiffs' Amended Complaint are incorporated herein by reference as if fully set forth at length without admission or adoption. 66. On or about February 13, 2004, Defendant, Woodrich Enterprises, hie. did not direct or request that Defendant, Rooney L. Felmlee plow or salt the parking lot referred to in Plaintiffs' Amended Complaint. 67. Any work performed and completed by Defendant, Rooney L. Felmlee prior to Plaintiffs' alleged accident was accepted, approved and accepted by Defendant, Woodrich Enterprises, Inc. prior to Plaintiffs' alleged slip and fall incident. 68. If the incident described in Plaintiffs' Amended Complaint occurred as alleged therein, then Defendant, Woodrich Enterprises, Inc. is solely liable to the Plaintiff. 69. In the alternative, Defendant, Woodrich Enterprises, Inc. is liable over to the answering Defendant for contribution and indemnity, the existence of any liability on the part of the Answering Defendant being expressly denied. 70. The negligence of Defendant, Woodrich Enterprises, Inc. was active and primary and any alleged negligence on the part of the Answering Defendant (which is specifically denied) was secondary and passive. 71. Answering Defendant, Rooney L. Felmlee asserts this Crossclaim against Defendant, Woodrich Enterprises, Inc. to preserve his right of contribution and/or indemnity or both. WHEREFORE, Answering Defendant, Rooney L. Felmlee demands that any judgment entered in favor of the Plaintiffs be entered solely against Defendant, Woodrich Enterprises, Inc. In the alternative, Answering Defendant, Rooney L. Felmlee demands that in the event that judgment is entered against him, any liability on his part being specifically denied, that such judgment be entered solely and/or severally against Defendant, Woodrich Enterprises, hie., together with it, or that Defendant, Woodrich Enterprises, Inc. be held liable over to Answering Defendant, Rooney L. Felmlee for contribution and/or indemnity or both. Date: $-12-65 By: Gregory assimatis, Esquire Attorney for Defendant, Rooney L. Felmlee VERIFICATION I, Rooney L. Felmlee, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. To the extent that the contents of the Answer to Plaintiffs' Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: / ' D s? CERTIFICATE OF SERVICE AND NOW, this A day of 4, 2005, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Rooney L. Felmlee, hereby certify that I served a copy of the within Defendant, Rooney Felmlee's Answer with New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) to Plaintiffs' Amended Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Jeffrey B. Killino, Esquire 11th Floor 1800 John F. Kennedy Blvd. Philadelphia, PA 19103-2925 Mario L. Bamaba, Esquire Bamaba & Marconi, LLP 315 Lowell Ave. Trenton, NJ 08619 By: egos Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 N C) ej T ?C'" ??? 4'? 'a 7 ' ?y ? .,. y f ': y tY1 ? i. i ? G+ 7 WOLOSHIN & KILLINO, P.C. BY: JEFFREY B. KILLING, ESQUIRE IDENTIFICATION NO. 89999 11th Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON AND TRACEYJACKSON vs. WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., AND RICHARD A. WOODRUFF, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 PLAINTIFF, KURT JACKSON AND TRACEY JACKSON'S ANSWER TO DEFENDANTS. WOODRICH ENTERPRISES. INC., RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. AND NOW, comes Plaintiffs, Kurt Jackson and Tracey Jackson (hereinafter "Plaintiffs") by and through the undersigned counsel and hereby present their Answer to New Matter of Defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr. (hereinafter "Defendants") and in support thereof avers as follows: 1. Denied. The allegations contained in Paragraph 1 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 1, such factual allegations are specifically denied. 2. Denied. The allegations contained in Paragraph 2 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 2, such factual allegations are specifically denied. 3. Denied. The allegations contained in Paragraph 3 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 3, such factual allegations are specifically denied. 4. Denied. The allegations contained in Paragraph 4 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 4, such factual allegations are specifically denied. 5. Denied. The allegations contained in Paragraph 5 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 5, such factual allegations are specifically denied. 6. Denied. The allegations contained in Paragraph 6 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 6, such factual allegations are specifically denied. 7. Denied. The allegations contained in Paragraph 7 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 7, such factual allegations are specifically denied. 8. Denied. The allegations contained in Paragraph 8 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 8, such factual allegations are specifically denied. 9. Denied. The allegations contained in Paragraph 9 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 9, such factual allegations are specifically denied. 10. Denied. The allegations contained in Paragraph 10 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 10, such factual allegations are specifically denied. 11. Denied. The allegations contained in Paragraph 11 are conclusions of law for which no responses are required and the same are deemed denied and strict proof is demanded at time of trial and to the extent facts are alleged in Paragraph 11, such factual allegations are specifically denied. WHEREFORE, Plaintiff, respectfully requests this Honorable Court enter judgment in her favor and against Defendants, Cathy Doyle and Erica Doyle, in an amount to exceed the judicial arbitration limit together with interest, cost and counsel fees and nay other or further relief this Honorable Court may deem just and proper. Respectfully submitted, WOLOSHIN & KILLING, P.C. BY: i' JEFFREY B. KILLINO, ESQUIRE Attorney for Plaintiffs. CERTIFICATE OF SERVICE I, JEFFREY B. K.ILLINO, ESQUIRE, hereby certify that service of a true and correct copy of the enclosed Answer to New Matter of Defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., was made on August 15, 2005 to counsel below named by United States Mail, postage prepaid: Michael C. Corcoran, Esquire Law Offices of Barnaba & Marconi, LLP 315 Lowell Avenue Trenton, N.J. 08619 Gregory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 JX?FREV?B. KILLINO, ESQUIRE t7 C: T,?,? :o. -=' ?`._ F.. O c? T J'" _ Qmc,? °? ? b .-o ?-ri ',;. ? n m GJ X71 ('1 Q LAW OFFICES OF BARNABA & MARCONI Mario L. Bamaba, Esq. 315 Lowell Avenue Trenton, New Jersey 08619 (609) 584-1444 Attorneys for Defendants MB 50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, vs. CIVIL ACTION WOODRICH ENTERPRISES, INC. ROONEY LTELMLEE, RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. Defendants. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindy substitute the attached verification for that of counsel's which originally accompanied, the pleading entitled Kurt Jackson and Tracey Jackson v. Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr, and Richard A. Woodruff. Jr. Dated: August 12, 2005 VERIFICATION I, and that I am duly authorized to make this verification on its behalf and that the facts as set forth in defendants' answer to plaintiff's amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated: ?Vlc%J J"2oC H ?.? TFufP',Z eta) /•: VERIFICATION I, J 4.A DJ) " Syd that I am duly authorized to make this verification on its behalf and that the facts as set forth in defendants' answer to plaintiffs amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to th Section 4904 relating to unworn falsification to authorit' Dated: rlrl o 5--, C rf , penalties of 18 Pa.C.S. Z, i VERIFICATION I, I Wd . AlAhQf55-and that I am duly authorized to make this verification on its behalf and that the facts as set forth in defendants' answer to plaintiffs amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: i 9 O? N ?? O T ? ? "T'?'?' G ntT t '.f i ?` G> . „?? fife. _.1 ' -La ?i i ?-. .gym -C., ?? N _? li `ry ?? ? LAW OFFICES OF BARNABA & MARCONI Mario L. Bamaba, Esq. 315 Lowell Avenue Trenton, New Jersey 08619 (609) 584-1444 Attorneys for Defendants Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. MLB #50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, VS. CIVIL ACTION WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF, Sr., RICHARD A. WOODRUFF, Jr. and ROONEY L. FELMEE, Defendants. DEFENDANTS WOODRICH ENTERPRISES, INC., RICHARD A. WOODRUFF Sr and RICHARD A WOODRUFF, Jr.'s, REPLY TO DEFENDANT, ROONEY_ L. FELMEE'S. NEW MATTER CROSSCLAIM Defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr., by and through their attorneys, Barnaba and Marconi, LLP., hereby reply to New Matter Crossclaim of co-defendant, Rooney L. Felmlee, as follows: 64. Defendant hereby includes by reference its answer to plaintiffs amended complaint as'if fully set forth at length herein. 65. Defendant hereby includes by reference its answer to plaintiff's amended complaint as'if fully set forth at length herein. 66. Denied. After reasonable investigation, the defendant's are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 66 of the co-defendant's new matter crossclaim, and the same is hereby deemed denied and strict proof thereof is demanded. 67. Denied. After reasonable investigation, the defendant's are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 67 of the co-defendant's new matter crossclaim, and the same is hereby deemed denied and strict proof thereof is demanded. 68. Denied. Defendant's deny paragraph 68 of co-defendant's new matter crossclaim as a conclusion of law. 69. Denied. Defendant's deny paragraph 69 of co-defendant's new matter crossclaim as a conclusion of law. 70. Denied. Defendant's deny paragraph 70 of co-defendant's new matter crossclaim as a conclusion of law. 71. Denied. Defendant's deny paragraph 71 of co-defendant's new matter crossclaim as a conclusion of law. WHEREFORE, defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. demand judgment in their favor dismissing co-defendant's new matter crossclaim. LAW OFFICES OF BARNA13A & MARCONI, LLP / MICIJ'AEL C. CORCORAN, ESQ. Dated: f f 23 (0 r VERIFICATION I, MICHAEL C. CORCORAN, ESQUIRE, do verify that I am the attorney for defendants, and that I am duly authorized to make this verification on their behalf and that the facts as set forth in its motion are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn C. CORCORAN ESQUIRE Dated: ?. ?)? ("r CERTIFICATE OF SERVICE I, Michael C. Corcoran, Esquire, hereby certify that a true and correct copy of the within defendant's reply to co-defendant's crossclaim has ?bean served upon counsel below by First Class United States Mail forwarded on this (7,) d? day of August, 2005. Jeffrey B. Killino, Esq. Woloshin & Killino, P.C. 1800 JFK Blvd., I Vh Floor Philadelphia, PA 19103-2925 Gregory E. Cassimatis 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 W OFAtWYS OF BARNABA & MARCONI, LLP C. CORCORAN, ESQ. Dated: F13 ? 6)r C) r? O c- Ga ?? -n :° w• C"" ? S -n cu r CJ _ -?:? x"` ? i '"? " `i rn :J C? r.- ?'-? .? LAW OFFICES OF BARNABA & MARCONI Mario L. Barnaba, Esq. 315 Lowell Avenue Trenton, New Jersey 08619 (609) 584-1444 Attorneys for Defendants MB 50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, VS. CIVIL ACTION WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. Defendants. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for that of counsel's, which originally accompanied, the pleading entitled "Defendants, Woodrich Enterprises, Inc., Richard A. Woodruff, kr. and Richard A. Woodruff, Jr.'s, Reply to Defendant, Rooney L. Felmlee's New Matter Crossclaim ". Dated: September 1, 2005 VERIFICATION I, ?c?eti) /1 t ya ?,)Rw,arynd that I am duly authorized to make this verification on its behalf and that the facts as set forth in defendants' answer to plaintiff's amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 4/2 , Dated; __it Z2 9 /o-?^ Wooddch Enterprises 5256 E Trindle Rd Mechanicsburg PA 17050 VERIFICATION ?n that I am duly authorized to make this verification 1, giclgw 4 wjyD/LiCd ?.,t_ on its behalf and that the facts as set forth in defendants' answer to plaintiffs amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Dated: f( / 24 &-) VERIFICATION 1, 1 1( Md R, WtVWJY and that I am duly authorized to make this verification on its behalf and that the facts as set forth in defendants' answer to plaintiff's amended complaint are true and correct to the best of my knowledge, information and belief. Verifier understands that statements herein are made subject to the penalties of t8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ?z 7 ?? ?? ?? ?? T r.? -., _.??7 t (.'` --_. C= SHERIFF'S RETURN - REGULAR CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET AL VS MCDONALD'S CORPORATION ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within SUBPOENA was served upon HIGHAM LAURIE A the WITNESS , at 1939:00 HOURS, on the 16th day of February , 2006 at 22 COURTLAND ROAD CAMP HILL, PA 17011 by handing to LAURIE HIGHHAM a true and attested copy of SUBPOENA together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Postage .39 Surcharge 10.00 R. Thomas Kline .00 40.71 03/03/2006 WOLOSHIN & KILLINO Sworn and Subscribed to before By: me this q4x day of /D?p y S er ual, A.D. Proq?h?'ar y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JACKSON KURT ET AL VS MCDONALD'S CORPORATION ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named WITNESS , to wit: STONER NICOLE but was unable to locate Her deputized the sheriff of DAUPHIN serve the within SUBPOENA County, Pennsylvania, to On March 3rd , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 .00 54.25 03/03/2006 WOLOSHIN & KILLINO Sworn and subscribed to before me this So answers- / R. Thomas Kline Sheriff of Cumberland County J-btIr AC45? tar . A IA"- day of in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania Kurt Jackson et al vs. Woodrich Enterprises Inc SERVE: Nicole Stoner No. 05-1122 civil Now, Febxquary 16, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this - day of 20 20_, at o'clock M. served the the contents thereof. County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT r Pxiff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin JACKSON KURT AND TRACEY vs STONER NICOLE Sheriff's Return No. 0266-T - - -2006 OTHER COUNTY NO. 05-1122 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that i made diligent search and inquiry for STONER NICOLE the DEFENDANT named in the within SUBPOENA and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 27, 2006 NOT SERVED NEED BETTER ADDRESS Sworn and subscribed to before me this 27TH day of FEBRUARY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, ?/( o? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PD 02/21/2006 RCPT NO 215020 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KURTJACKSON and TRACEY JACKSON vs. WOODRICH ENTERPRISES, INC., d/b/a McDONALD'S, ET AL. File No. 05-1122 SUBPOENA TO ATTEND AND TESTIFY TO: Nicole Stoner 1820 N. 3rd Street Harrisburg, PA 17105 1. You are ordered by the court to come to the Offices of Gregory E. Cassimatis, Esquire, located at 4999 Louise Dritve, Suite 103, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania, on Friday, March%r2006 at 11:00 o'clock, A.M., to testify on behalf of Plaintiffs, Kurt Jackson and Tracey Jackson in the above case, and to remain until excused. 2. And bring with you the following: Any and all information regarding Kurt Jackson's fall at McDonald's on February 13, 2004. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No.234.2(a): Name: Steven E. McConnell, Esquire Address: 1800 John F. Kennedy Boulevard, 11' Floor, Philadelphia, PA 19103 Telephone: (215) 569-2711 Supreme Court ID # 88618 BY THE COURT: Prothonotary/Clerk, Civil vision Date Seal of the Court / / / i /J Deputy Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P.No.234.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) WK W O L O S H I N & K I L L I N G, P. C. ATTORNEYS AT LAW STEVEN E. WCONNELL, ESQUIRE SMCCONNELL@WKLAWYER.COM February 9, 2006 Ms. Nicole Stoner 1820 North 3rd Street Harrisburg, PA 17105 RE: Kurt Jackson and Tracey Jackson v. Woodrich Enterprises, Inc., d/b/a McDonald's, et al. CCP., Cumberland County, No. 05-1122 Dear Ms. Stoner: 1800 JOHN F. KENNEDY BLVD. 11TH FLOOR PHILADELPHIA, PA 1 9 1 03-2925 TEL: (215) 569-2711 FAX: (215) 569-2741 W W W. W KLAWYER.COM Our office represents Kurt and Tracey Jackson in connection with the above-referenced matter. It is our understanding that you were employed by McDonalds on February 13, 2004, when this incident occurred. Furthermore, it is our understanding that you may have witnessed this occurrence or have some information concerning same. As such, it is imperative that you appear for a deposition on the date, time and place designated by the Subpoena. Michael C. Corcoran, Esquire, represents your former employer in connection with this matter. Should you have any questions, comments and/or concerns, please contact Mr. Corcoran who can be reached at 609-584-1444. Very truly yours, VEN E. McCONNELL ?,J SEM/bs Enclosure WOLOSHIN & KILLING, P.C. BY: STEVEN E. McCONNELL, ESQUIRE IDENTIFICATION NO. 88618 11" Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON AND TRACEY JACKSON VS. WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., AND RICHARD A. WOODRUFF, JR. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 PLAINTIFFS' MOTION TO COMPEL DISCOVERY Plaintiffs, Kurt and Tracey Jackson, by and through their counsel respectfully requests this Honorable Court enter an Order in the form attached hereto compelling Defendants to provide full and complete answers to outstanding discovery in support thereof avers as follows: 1. On or about March 10, 2006, counsel for Plaintiffs served Supplemental Requests for Production of Documents upon Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., (A true and correct copy of said correspondence is attached hereto and marked as Exhibit "A"). 2. On April 26, 2006, counsel for Plaintiffs sent Defendants a good-faith letter inquiring about the status of the overdue Document Requests. (A true and correct copy of said correspondence is attached hereto and marked as Exhibit "B"). 3. To date, Defendants have not provided any response to Plaintiffs' Supplemental Requests for Production of Documents. 4. The aforementioned discovery is relevant and necessary and Plaintiffs will be prejudiced if full and complete answers are not provided. 5. Under the Pennsylvania Rules of Civil Procedure, Plaintiffs are entitled to full and complete responses to the outstanding discovery requests. WHEREFORE, Plaintiffs respectfully requests this Honorable Court GRANT its Motion and enter an Order compelling Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., to provide complete and verified Answers to Plaintiffs' Supplemental Requests for Production of Documents within ten (10) days of the date of this Order. Respectfully submitted, WOLOSHIN & KILLINO, P.C. BY. ,7" Es*rEVEN E. M CONNELL, ESQUIRE WOLOSHIN & KILLING, P.C. BY: STEVEN E. McCONNELL, ESQUIRE IDENTIFICATION NO. 88618 11" Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 KURTJACKSON AND TRACEY JACKSON VS. WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., AND RICHARD A. WOODRUFF, JR. NO. 05-1122 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL DISCOVERY AGAINST DEFENDANTS I. FACTS Plaintiff incorporates by reference the facts set forth in the foregoing Motion to Compel Discovery, as though fully set forth herein at length. II. ARGUMENT This case involves a claim by Plaintiffs resulting in a slip and fall against Defendants. As set forth in the attached Motion and accompanying Exhibits, Plaintiffs have propounded Supplemental Requests for Production of Documents upon Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr. These Supplemental Requests were served upon Defendants on March 10, 2006. Defendants have not sought a Protective Order nor responded to Plaintiffs' discovery requests. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY The mandates in Pennsylvania Rules of Civil Procedure are clear on this point. Rule 4006(a)(2) provides: Each interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be state in lieu of an answer. [...] The answering party shall serve a copy of the answers, and objections, if any, within thirty (30) days after the service of the interrogatories. Pa.R.C.P. 4006(a)(2). Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., have clearly failed to respond to Plaintiffs' Supplemental Requests for Production of Documents within the thirty (30) days mandated by Rule 4006 (a)(2). Rule 4009.12(a) provides: The parry upon whom the request is served shall within thirty (30) days after the service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or make available to the party submitting the request those documents and things described in the request to which there is no objection. Pa.R.C.P. 4009.12(a). Again, Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr.'s failure to respond is non-compliant with the Pennsylvania Rules of Civil Procedure. By failing to respond to Plaintiffs' Supplemental Requests for Production of Documents propounded by Plaintiffs, Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., is acting in direct contravention to the Pennsylvania Rules of Civil Procedure. For this reason, Plaintiffs' respectfully request that this Court enter an Order compelling Defendants, Woodrich Enterprises, Inc., Rooney L. Felmee, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., to respond to the Supplemental Requests for Production of Documents propounded by Plaintiffs, within ten (10) days of the date of this Order or suffer sanctions upon application to the Court. Respectfully submitted, WOLOSHIN & KILLINO, P.C. BY: T 4EN. Mc ONNELL, ESQ RE WOLOSHIN & KILLING, P.C. BY: STEVEN E. MCCONNELL, ESQUIRE IDENTIFICATION NO. 88618 11`h Floor 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-2925 (215) 569-2711 ATTORNEY FOR PLAINTIFF KURTJACKSON AND TRACEY JACKSON VS. WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., AND RICHARD A. WOODRUFF, JR. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 05-1122 ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for Plaintiffs and counsel for Defendants hereby certify and attest that: (a) he or she has had the contacts described below with opposing counsel regarding the discovery matter contained in the forgoing discovery motion in an effort to resolve the specific discovery dispute(s) at issue and, further, that despite all counsel's good faith attempts to resolve the dispute(s), counsel have been unable to do so. X (b) he or she has made good faith but unsuccessful efforts described below to contact opposing counsel in an effort to resolve the discovery dispute. CERTIFIED TO THE COURT BY: Dated: Ste en E. Mc onn , s Attorney for Plaintiffs WK WOLOSHIN & KILLINO, P.C. ATTORNEYS AT LAW STEVEN E. MCCONNELL, ESQUIRE 1800 JOHN F. KENNEDY BLVD. SMCCONNELL@a WKLAWYER.COM 1 1TH FLOOR PHILADELPHIA, PA 1 9 1 03-2925 March 10, 2006 TEL: (215) 569-2711 FAX: (215) 569-2741 WWW.WKLAWYER.COM Michael C. Corcoran, Esquire Law Offices of Barnaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 Re: Kurt & Tracey Jackson v. McDonald's, et al. and Richard A. Woodruff, Sr., et al. CCP, Cumberland County, No. 05-1122 (Civil) Dear Mr. Corcoran: Enclosed herewith please find Plaintiffs' Supplemental Request for Production of Documents Addressed to Defendants, Woodrich Enterprises, Inc.., d/b/a McDonald's, Richard A. Woodruff, Sr., and Richard A. Woodruff, Jr., in connection with the above-captioned matter. Thank you for your attention and cooperation in this matter and should you have any questions, concerns and/or comments, please do not hesitate to contact the undersigned. Very truly yours, 4EVEN SEM/bs Enclosure cc: Gregory E. Cassimatis, Esquire WK W O L O S H I t4 & K I L L I N O 9 ATTORNEYS AT LAIN STEVEN E. MCCONNELL, ESQUIRE SEMCCONNELL@W KLAWYER-COM April 26, 2006 Michael C. Corcoran, Esquire Law Offices of Barnaba & Marconi, LLP 315 Lowell Avenue Trenton, NJ 08619 Re: Kurt & Tracy Jackson v. M Do al 's, et al. and Richard A. Wo Sr.5 et al. CCP, Cumberland County, No. 05-1122 (Civil) P.C. 1 goo JOHN F. KEN' ; DY BOOR PHILADELPHIA, PA 1 9 1 03-2925 TEL: (215) 569-2711 FAX; (215) 569-2741 WWW WKLAWYER.COM Dear Mr. Corcoran: responses. In that sometime ago I spoke to you regarding your clients overdue discovery have et to conversation, you indicated that these responses would be advise our office as to l when we can forthcoming. To date, receive same. Upon receipt of this correspondence, please expect to receive those responses. light of the fact that your client is not inclined to make lsan P In oke, regarding the IME, You schedule Mr. Jackson IME in the very new. future. When we from your client to schedule an IME. Please indicated that you had not received formal authority letin this IME. Upon receipt of your advise the undersigned regarding the status of comp g responses and completing the IME, I believe this matter should be trial ready. overdue discovery Thank you for your attention and cooperation. Very trulWMONNE-LL-, VEESQUIRE SEM1mkf CERTIFICATION OF SERVICE VEN E. McCONNELL, ESQUIRE, hereby certify that a true and correct copy I, STE to Compel Discovery was served by sending regular mail to counsel listed of plaintiffs' Motion below on this 30th day of May, 2006. Michael C. Corcoran, Esquire Law Offices of Barnaba & Marconi, LLP. 315 Lowell Avenue Trenton, NJ 08619 T E. MCCONNELL, ESQUIRE -TI Fri "I N KURT JACKSON and TRACEYJACKSON Plaintiff V. WOODRICH ENTERPRISES, INC. ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., and RICHARD A. WOODRUFF, JR. Defendant IN COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1122 CIVIL ORDER OF COURT AND NOW, this 20th day of June, 2006, upon consideration of the Plaintiffs' Motion to Compel Discovery, and after being advised this date that Discovery has still not arrived at Plaintiff's Counsel's Office, IT IS HEREBY ORDERED AND DIRECTED that the Defendants shall provide complete and verified answers to the Plaintiffs Supplemental Request for Production of Documents by June 30, 2006. Should the Defendants fail to provide the requested discovery by June 30, 2006, a Hearing on the Plaintiffs' Motion will be heard on the 24th of July, 2006 at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. M. L. Ebert, Jr., even E. McConnell, Esquire Attorney for Plaintiffs i/I`ilichael C. Corcoran, Esquire Aftorney for Defenda s bas rp?- Z1, 0 By the Court, Al t lip i 0C :0111` 1z Ps,i3 9501 AHJ?? ,;? -"Hi PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) B Civil Action - Law Kurt Jackson and Tracy Jackson h/w ? Appeal from arbitration (other) (Plaintiff) Vs. Woodrich Enterprises, Inc. Rooney L. Felmlee, Richard A. Woodruff, Sr., Richard A. Woodruff, Jr. (Defendant) vs. The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. o5-1122 Tenn Indicate the attorney who will try case for the party who files this praecipe: Jeffrey B. Killino, Esquire Indicate trial counsel for other parties if known: Michael C. Corcoran, Esquire This case is ready for trial. Signed: --''???"?- ----.--- Print Name: jaf£rny R K; 1 1 i nn_ Esquire Date: October 20, 2006 Attorneyfor:_Plaintiffs -{ i C!%; GJ qC3 ? KURT JACKSON and IN THE COURT OF COMMON PLEAS OF TRACY JACKSON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v WOODRICH ENTERPRISES, INC., ROONEY L. FELMLEE, RICHARD A. WOODRUFF, SR., RICHARD A. WOODRUFF, JR. NO. 05-1122 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 9th day of January, 2007, upon consideration of the call of the civil trial list, and the above-captioned case not having been called for trial, it is stricken from the trial list. By the Court, ./ef rey B. Killino, Esquire L 0 JFK Boulevard 11th Floor Philadelphia, PA 19103-2925 For Plaintiffs ichael C. Corcoran, Esquire v 315 Lowell Ave. Trenton, NJ 08619 For Defendants Court Administrator mae c? :?- ? 1 J ?? i l J' ..... - .. rr ;? ?7 l? V PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: X for JURY trial at the next term of civil court. for trial without a jury. Kurt Jackson and Tracy Jackson, h/w Plaintiff vs. Woodrich Enterprises, Inc., Rooney L. Felmlee, Richard A. Woodruff, Sr., Richard A. Woodruff, Jr. Defendant (check one) X Civil Action - Law Appeal from Arbitration (Other) The trial list will be called on and Trials commence on Pretrials will be held on Briefs are due five (5) days before pretrials No. 05-1122 Indicate the Attorney who will try case for the party who files this Praecipe Jeffrey B. Killing. Esquire Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Print Name: Jeffrey B. Killino, Esquire Date: January 31, 2007 Attorney for: Plaintiffs r-? -n cr% KURT JACKSON and TRACY JACKSON, H/W, Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WOODRICH ENTERPRISES, INC.: ROONEY L. FELMLEE, RICHARD: A. WOODRUFF, SR., RICHARD A. WOODRUFF, JR., Defendants 05-1122 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 20th day of March, 2007, the above-captioned case at No. 05-1122 Civil Term having not been called for trial at the call of the civil trial list, it is stricken from the trial list. By the Court, J,r Wesley r, r Z ffrey B. Killino, Esquire 1800 J.F.K. Boulevard 11th Floor Philadelphia, PA 19103-2925 For Plaintiff ichael C. Corcoran, Esquire 315 Lowell Avenue Trenton, NJ 08619 For Defendant Court Administrator mae V r Lj.j IF ? ? it° L? C'rF LIJ C ; •'-. ?y - D-2 C--J LAW OFFICES OF BARNABA & MARCONI Mario L. Barnaba, Esq. 315 Lowell Avenue Trenton, New Jersey 08619 (609) 584-1444 Attorneys for Defendants Woodrich Enterprises, Inc., Richard A. Woodruff, Sr. and Richard A. Woodruff, Jr. MLB #50145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KURT JACKSON AND TRACEY JACKSON No. 05-1122 Plaintiffs, VS. CIVIL ACTION WOODRICH ENTERPRISES, INC. ROONEY L.FELMLEE, RICHARD A. WOODRUFF, SR. AND RICHARD A. WOODRUFF, JR. Defendants. PRAECIPE TO MARK MATTER SETTLED TO THE PROTHONOTARY: mark the above entitled matter, SETTLED, DISCONTINUED and ENDED upon payment of ypur costs only. BY: Nl- MARIO L. BARNABA, ESQ. E B. KILLINO, ESQ. Attorney for Defendants A ev for Plaintiffs F._ 4Ln -gym L ?t n T? ?