HomeMy WebLinkAbout05-1808TRAVIS WARLICK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND Cr7OUNTY, PENNSYLVANIA
V. No. OS - /o1 0,?? y,1
CEDAR CLIFF INN, INC., separately
and d/b/a DANTE'S a/k/a GULLIFTY'S :
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant CIVIL-ACTION -LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone 717-249-3166 or 800-990-9108
HANDLER, HENNING & ROSENBERG, LLP
By
David Rosenberg, Esq.
I.D. 0569
13 Linglestown Road
arrisburg, PA 17110
(717) 238-2000
Attorney for Plaintiff
F:\WP Directories\JFL\complaints\dram shop\wancck.wpd
TRAVIS WARLICK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. OS -]pop ot 0,h?£?z? ,
CEDAR CLIFF INN, INC., separately
and d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant CIVIL-ACTION - LAW
COMPLAINT
AND NOW, comes the Plaintiff, Travis Warlick, by and through his attorneys,
HANDLER, HENNING, & ROSENBERG, LLP, by David H Rosenberg, Esquire, and
makes the within Complaint against Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/
Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs, and in support of thereof, avers
as follows:
1. Plaintiff, Travis Warlick, is an adult individual currently residing at 2025
Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Cedar Cliff Inn, Inc., d/b/a/ Dante's a/k/a Gullifty's Restaurant &
Gullifty's Downstairs, is a corporation organized and existing under the laws of
Pennsylvania and having its registered address at 157 Paxton Street, P.O. Box 88,
Harrisburg, Dauphin County, Pennsylvania 17104.
3. At all times material hereto, Defendant acted or failed to act through its
agents, servants and/or employees, acting for Defendant's benefit, under Defendant's
control, and within the course and scope of their authority and/or employment.
4. At all times material hereto, Defendant owned and operated a restaurant and
bar under the name Cedar Cliff Inn, Inc., separately and dlb/a/ Dante's a/k/a Gullifty's
Restaurant & Gullifty's Downstairs, located at 1104 Carlisle Road, Camp Hill, Cumberland
County, Pennsylvania 17011.
5. Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's
Restaurant & Gullifty's Downstairs, upon information and belief, had a liquor license
granted to it for the retail sale, furnishing, serving, and supplying of alcoholic beverages at
1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, which license
was in effect on or about June 21, 2003.
6. At all times material hereto, Defendant was a licensee of the Pennsylvania
Liquor Control Board, engaged in the sale and service of alcoholic beverages to patrons
of Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's
Downstairs.
7. At all times material hereto, the agents, officers, servants, workers,
independent contractors and/or employees of Defendant, Cedar Cliff Inn, Inc., separately
and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs, were acting within the
course and scope of their employment at 1104 Carlisle Road, Camp Hill, Cumberland
County, Pennsylvania 17011.
8. At all times material hereto, Defendant and its agents, servants and/or
employees, had a duty to obey the requirements of the Pennsylvania Liquor Code
prohibiting the service of alcoholic beverages to minors, persons incapable of handling
2
alcohol, and/or persons visibly intoxicated and/or any insane persons and/or habitual
drunkards an/or to persons of known intemperate habits.
9. On or about June 21, 2003, James Rhodes was an employee of Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs.
10. Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's
Restaurant & Gullifty's Downstairs, had a policy and/or rule against employee's
consumption of alcoholic beverages on the premises,
11. On or about June 21, 2003, while James Rhodes was on the Defendant's
premises, Defendant wrongfully and unlawfully sold, supplied, provided orfurnished liquor
and/or brewed beverages to James Rhodes when he was visibly intoxicated, in violation
of the Pennsylvania Liquor Control Code, 47 Pa. Stat. § 4-493(1).
12. On or about June 21, 2003, James Rhodes entered Cedar Cliff Inn, Inc.,
d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs with a friend and either
purchased a pitcher of beer or was given a free pitcher of beer from Gullifty's Downstairs,
while waiting for Travis Warlick to get off of work. James Rhodes then proceeded upstairs,
where he either purchased several draft beers or was given several free draft beers.
13. On or about June 21, 2003, at no time did Defendant, its agents, servants
and/or employees, attempt to stop serving alcohol to James Rhodes, and/orotherwise take
any measures or steps to protect James Rhodes, a business invitee, from the foreseeable
dangers arising from serving alcohol and to excess.
3
14. Following the consumption of liquor and/or brewed beverages by James
Rhodes, Plaintiff left the premises together with James Rhodes and two other employees
of Gullifty's, in James Rhodes' vehicle.
15. While operating his car on Creek Road in Lower Allen Township, Cumberland
County, Pennsylvania, James Rhodes lost control of his car and allowed it to continue into
a wall, causing multiple and severe injuries to Plaintiff.
16. The aforementioned incident occurred at approximately 1:08 a.m. while
James Rhodes was still intoxicated from the alcoholic beverages Defendant had sold to
him.
17. The aforementioned incident occurred because of James Rhodes'
impairment due to intoxication and was directly and proximately caused by Defendant's
negligence in selling and/or giving alcoholic beverages to James Rhodes.
18. This action is brought against Defendant pursuant to common law negligence
principles and/or statutes and ordinances pertaining to the service of alcoholic beverages
to individuals, persons incapable of handling alcohol and/or persons visibly intoxicated
and/or any insane person and/or habitual drunkards and/or to persons of known
intemperate habits by bars, restaurants and/or liquor license holders.
19. As a direct and proximate result of the negligence of the Defendants, the
Plaintiff sustained extensive injuries as set forth more specifically below.
4
COUNTI - NEGLIGENCE
TRAVIS WARLICK v. CEDAR CLIFF INN. INC.. separately and d/b/a
DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS
20. Paragraphs 1-19 are incorporated herein as if set forth at length.
21. The occurrence of the aforementioned incident and the resulting injuries to
Plaintiff, Travis Warlick, were caused directly and proximately by the negligence of
Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant
& Gullifty's Downstairs, by its agents, servants, workmen or employees, acting in the scope
of their authority, generally and more specifically as set forth below:
(a) In negligently and carelessly selling or furnishing liquor and/or
brewed beverages to James Rhodes when he was visibly
intoxicated, in violation of Pennsylvania Liquor Control Code,
47 Pa. Stat. § 4-493(1);
(b) In negligently and carelessly giving liquor and/or brewed
beverages to James Rhodes for free when he was visibly
intoxicated, in violation of Pennsylvania Liquor Code, 47 Pa.
Stat. § 4-493(1);
(c) In negligently and carelessly giving liquor and/or brewed
beverages to James Rhodes for free to induce directly the
purchase of liquor or malt or brewed beverages, in violation of
Pennsylvania Liquor Code, 47 Pa. Stat. § 4-493(24);
5
(d) In failing to properly train and supervise its employees so as to
prevent them from selling, furnishing or giving liquor and/or
brewed beverages to invitees who are visibly intoxicated;
(e) In negligently and carelessly engaging in discount pricing
practices of alcoholic beverages, in violation of 40 Pa. Code §
13.102;
(f) In failing to conform to the requirements of the Pennsylvania
Dram Shop Act;
(g) In being negligent per se and/or strictly liable for violations of
the Pennsylvania Crime Codes, Pennsylvania Liquor Code,
including provisions relating to the sale, supply and/or
furnishing of alcoholic beverages to minors and/or persons
visibly intoxicated, and/or known to be habitual drunkard and/or
a person of known intemperate habits by liquor licensees, their
agents, servants and/or employees;
(h) In failing to be responsible via respondeat superior and/or
vicarious liability for acts and omissions of its employees,
agents, servants, independent contractors, shareholders,
partners and/or property owners; and
(i) In failing to perform an adequate and necessary investigation
to determine whether or not alcohol was being served to
6
persons while visibly intoxicated and/or who was a frequent
drinker and patron with well established drinking habits and all
Defendant knew or should have known of James Rhodes'
intemperate drinking habits and propensity to over-drink and
become intoxicated.
22. As a direct and proximate result of the Defendant's negligence, Plaintiff,
Travis Warlick, suffered severe and substantial injuries to his person, some or all of which
may be permanent in nature, including, but not limited to, paralysis from the chest down
for several weeks, two fractures to his c-spine, removal of bone from his hip, and spinal
cord damage. Travis continues to recover from his injuries and has no control of his hands
whatsoever.
23. As a direct and proximate result of the negligence of Defendant, Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs,
Plaintiff, Travis Warlick, has undergone great physical pain, discomfort and mental anguish
and he will continue to endure the same for an indefinite period of time in the future, to his
great detriment and loss, physically, emotionally and financially.
24. As a direct and proximate result of the negligence of Defendant, Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs,
Plaintiff, Travis Warlick, has been, and will in the future be, hindered from attending to his
daily duties to his great detriment, loss, humiliation and embarrassment.
7
25. As a direct and proximate result of the negligence of Defendant, Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs,
Plaintiff, Travis Warlick, has, and will in the future, suffer a loss of life's pleasures.
26. As a direct and proximate result of the negligence of Defendant, Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs,
Plaintiff, Travis Warlick, has been compelled, in order to effect a cure for the aforesaid
injuries, to expend large sums of money for medicine and medical attention, and will be
required to expend large sums of money for the same purposes in the future, to his great
detriment and loss.
27. As a result of Defendant's negligence, Plaintiff, Travis Warlick, has suffered
lost wages and may in the future continue to suffer a loss of income and/or loss of earning
capacity.
28. Plaintiff, Travis Warlick, believes, and therefore avers, that his injuries are
permanent in nature.
WHEREFORE, Plaintiff, Travis Warlick, seeks damages from Defendant, Cedar Cliff
Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs,
in an amount in excess of the compulsory arbitration limits of Cumberland County.
COUNT II - PUNITIVE DAMAGES
TRAVIS WARLICK v. CEDAR CLIFF INN. INC separately and d/b/a
DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS
29. Paragraphs 1-28 are incorporated herein as if set forth at length.
8
30. The liability-producing conduct of Defendant, its agents, servants and/or
employees, as set forth herein, was outrageous, done in a willful and wanton fashion, with
a conscious indifference and/or reckless disregard for the safety of the public generally,
the patrons of Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant
& Gullifty's Downstairs, and James Rhodes specifically, malicious and/or intentional, and
so egregious as to be beyond the bounds of decence in a civilized society, and was in
direct violation of specific ordinances, laws, statutes and regulations.
31. On information and belief, for sometime prior to, and existing on June 21,
2003, there were numerous violations of applicable laws, as well as applicable local, and
state ordinances, as specifically set forth in supra.
32. The very nature, quantity and type of violations of statutory provisions, which
resulted in the severe injury to Travis Warlick evidences outrageous, malicious and
intolerable conduct warranting the imposition of exemplary and/or punitive damages.
33. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's a/k/a Gullifty's Restaurant
& Gullifty's Downstairs, Plaintiff sustained severe injuries including, but not limited to,
paralysis from the chest down for several weeks, two fractures to his c-spine, removal of
bone from his hip, and spinal cord damage. Travis continues to recover from his injuries
and has no control of his hands whatsoever.
34. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Plaintiff, Travis Warlick, has been, and will in the future be, hindered from
9
performing the duties required by his usual occupation and from attending to his daily
duties and chores, to his great loss, humiliation, and embarrassment.
35. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Plaintiff has suffered great physical pain, discomfort, and mental anguish,
and will continue to endure the same for an indefinite period of time in the future, to his
great physical, emotional, and financial detriment and loss.
36. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Plaintiff has been compelled, in order to effect a cure for aforesaid injuries,
to expend large sums of money for medicine and medical attention. Plaintiff continues to
receive treatment and incur expenses of said injuries, and will most likely continue to do
so in the future, to his great detriment and loss.
37. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Plaintiff has suffered a loss of life's pleasures and he will continue to suffer
the same in the future, to his great detriment and loss.
38. As a direct and proximate result of the grossly negligent and outrageous acts
of Defendant, Plaintiff has suffered a loss of income and will continue to suffer the same
in the future, to his great detriment and loss.
10
WHEREFORE, Plaintiff, Travis Warlick, seeks damages, including punitive
damages, from Defendant, Cedar Cliff Inn, Inc., separately and d/b/a/ Dante's alk/a
Gullifty's Restaurant & Gullifty's Downstairs, in an amount in excess of the compulsory
arbitration limits of Cumberland County.
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
DATE: BY:
David H R enberg, Esquire
I.D. No. ?0569
1300 Linglestown Road
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Plaintiff
11
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, I have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Travis Warlick
Date: G d5
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-01808 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARLICK TRAVIS
VS
CEDAR CLIFF INN INC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT
CEDAR CLIFF INN INC
but was unable to locate Them
to wit:
in his bailiwick, He there
Ibeing
and
deputized the sheriff of DAUPHIN County, Pennsylvaniv, to
serve the within COMPLAINT & NOTICE
2005 , this o
attached return from DAUPHIN
Out of County 9,00 was in receipt of
Sheriff's Costs: So ans
Docketing 18.00
Surcharge 10.00 R: Thomas Kline
Dep Dauphin County 32.25 Sheriff of Cumberland County
Postage .37
69.62
04/14/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this _ 9 day of
° -A.D.
Prothonota
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-01808 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CK TRAVIS
VS
CEDAR CLIFF INN INC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who
duly sworn according to law, says, that he made a diligent seal
and inquiry for the within named DEFENDANT , to wit:
CEDAR CLIFF INN DBA DANTES AKA GULLIFTYS RESTAURANT & DOWNSTA
but was unable to locate Them in his bailiwick. He therefo
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
being
and
County, Pennsylvania, to
, 2005 , this office was in receipt
attached return from DAUPHIN
Sheriff's Costs: So answer.-?
Docketing 6.007
Out of County .00?
Surcharge 10.00 R: Thomas K1in
.00 Sheriff of Cumberland County
.00
16.00
04/14/2005
HANDLER HENNING ROSENBERG
Sworn and subscribed to before me
this ado day of
A.D.
In-
Prothonot ry
In The Court of Common Pleas of Cumberland County, Pen
Travis Warlick
VS.
Cedar Cliff Inn Inc et al
SERVE: Cedar Cliff Inn Inc No, 05-1808 civil
20,, at o'clock M.
Now, April 7, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, A, do
hereby deputize the Sheriff of Dauphin County to execute this 't, 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
So answers,
Sworn and subscribed before
me this _ day of 20,
ivania
9 the
copy of the original
the contents thereof. I
Sheriff of
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
In The Court of Common Pleas of Cumberland County, Pen
Travis Warlick
VS.
Cedar Cliff Inn Inc et al
05-1808 civil
SERVE: Cedar cliff Inn Inc d/b/a Dame's a/k/a No.
Gullifty's Restaurant & Gullifty's Downstairs
Now, April 7, 2005 I, SHERIFF OF CUMBERLAND COUNTY PA, do
hereby deputize the Sheriff of Dauphin County to execute this rit, this
deputation being made at the request and risk of the Plaintiff.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of 20.
copy of the original
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
20_, at o'clock M. serv1d the
(office of 14Q 454Priff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
J. Daniel
Chief D
Michael W. linehal
Assistant Chie Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph:(717)255-2660 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
WARLICK TRAVIS
vs
CEDAR CLIFF INN INC
Sheriff's Return
No. 0644-T - - -2005
OTHER COUNTY NO. 05-1808
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 CEDAR CLIFF INN INC
the DEFENDANT named in the within COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, April 12, 2005
THIS ADDRESS IS A DAY CARE CENTER
Sworn and subscribed to
before me this 12TH day of APRIL, 2005
NOTARIAL SEAL
MARY.IANE SNYDER, Notary Public
Highspirc, Dauphin County
My Commission Expires Sept 1, 2006
So Answers,
) e,; Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's COSts:$32.25 PD 04/08/2
RCPT NO 205749
5
cpma of 14r,*4rrfff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
WARLICK TRAVIS
vs
CEDAR CLIFF INN INC
Sheriff's Return
No. 0644-T - - -2005
OTHER COUNTY NO. 05-1808
J. Daniel
Chief D
Michael W. 4inehai
Assistant Chie4 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 CEDAR CLIFF INN INC D/B/A DANTES A/K/A
GULLIFTYS RESTAURANT & GULLIFTYS
the DEFENDANT named in the within COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, April 12, 2005
THIS ADDRESS IS A DAY CARE CENTER
Sworn and subscribed to
before me this 12TH day of APRIL, 2005
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire. Dauphin County
My Commission Expires Sept 1, 2006
So Answers, Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Sheriff's Costs:$32.25 PD 04/08/2
RCPT NO 205748
5
w
CASE NO: 2005-01808 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARLICK TRAVIS
VS
CEDAR CLIFF INN INC ET AL
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CEDAR CLIFF INN INC
the
DEFENDANT , at 1746:00 HOURS, on the 29th day of April , 2005
at 1104 CARLISLE
CAMP HILL, PA 170
by handing to
MATTHEW JESENHOWER, 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 18.00
Service 11.10
Affidavit .37
Surcharge 10.00
.00
39.47
Sworn and Subscribed to before
me this day of
7 2C':? A. D.
thonotary
So Answers:
is
R. Thomas Kline
05/02/2005
HANDLER HENNING ROSENBERG
B?~ ? Depu y S e? f f
CASE NO: 2005-01808 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARLICK TRAVIS
VS
CEDAR CLIFF INN INC ET AL
ROBERT BITNER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CEDAR CLIFF INN DBA DANTES AKA GULLIFTYS RESTAURANT & DOWNST the
DEFENDANT , at 1746:00 HOURS, on the 29th day of April , 2005
at 1104 CARLISLE ROAD
CAMP HILL. PA 17011
MATTHEW JESENHOWER. MANAGER
by handing to
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 9 a_- day of
A. D.
rot onotary
So Answers:
R. Thomas Kline
05/02/2005
HANDLER HENNING ROSENBERG
Deputy Sheriff
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendants
TRAVIS WARLICK,
Plaintiff
V.
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a
GULLIFTY'S RESTAURANT &
GULLIFTY'S DOWNSTAIRS,
Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as attorneys for Defendant
Dante's Restaurant, Inc. in the above matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
DATE: J1-3o-P5
Y
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendants
359448-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and
correct copy of the foregoing document on the following person by placing same in the
5t ?q?
United States mail, postage prepaid, on thej/ day of V ?1 2005:
David H. Rosenberg, Esquire
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
THOMAS, THOMAS & HAFER, LLP
By: C'7i'Vl??can
Kevin C. McNamara, Esquire
359448-1
r.._
U
re
N
THOMAS, THOMAS &HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 237-7132
kmcnamara@tthlaw.com
TRAVIS WARLICK,
V.
Plaintiff
CEDAR CLIFF INN, INC., separately and
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS
Additional Defendant
Attorney for Defendant
Dante's Restaurant, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO JOIN ADDITIONAL
DEFENDANT
TO THE PROTHONOTARY OF SAID COURT:
Please issue a writ of summons in the above-captioned action to Additional Defendant,
James Clinton Rhoads, 1812 Carlisle Road, Camp Hill, PA 17011. Writ of Summons shall be
issued and forwarded to the Sheriff of Cumberland County for deputized service on the Defendant.
THOMAS, nTnHOOM1AS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
Dated: S a t?
P.O. Box 999
Harrisburg, PA 17108-0999'
(717) 237-7132
Attorneys for Defendant
Daunte's Restaurant, Inc.
360342.1
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Cumberland County, ss :
The Commonwealth of Pennsylvania to JAMR INTO r RHOAD.1;
(Name of Additional Defendant)
You are notified that DAUNTE' S RESTAURANT INC. _
(Name (s) of Defendant (s) )
has (have) joined you as an additional defendant in this action, which you are re-
quired to defend.
JUNE 1, 2005 CURTIS R. LONG
Prothonotary
(SEAT.) Deputy
JAMES CLINTON RHOADS
1812 CARLISLE ROAD
CAMP HILL, PA 17011
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-01808 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARLICK TRAVIS
VS
CEDAR CLIFF INN INC ET AL
CPL. TREVOR KENT Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO ADD'L DEFEN. was served upon
RHOADS JAMES CLINTON the
ADD'L DEFENDANT, at 1913:00 HOURS, on the 14th day of June 2005
at 1812 CARLISLE ROAD
CAMP HILL, PA 17011 by handing to
JAMES C RHOADS
a true and attested copy of WRIT TO ADD'L DEFEN. together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.10
Postage .37
Surcharge 10.00
.00
39.47
Sworn and Subscribed to before
me this .lv° day of
A. D.
L ?rtu 11. ??'Cc?P.c ? 4-ra?
rothonotary T-
So Answers:
R. Thomas Kline 1
06/15/2005
THOMAS THOMAS HAFER
By:
7??/
Deputy Sheriff
TRAVIS WARLICK,
Plaintiff,
V.
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/Wa GULLIFTY's
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 22"' day of June 2005, I hereby certify that I have, on this date,
served the within Plaintiff, Travis Warlick's, Answers to Defendants' Interrogatories &
Request for Production of Documents addressed to Plaintiff, via first class mail by
sending a true and correct copy of same to their attorney and including copies to all
parties of interest as follows:
Defendant Cedar Cliff Inn, Inc.
c/o Kevin C. McNamara
Thomas, Thomas & Hafer
305 N Front Street
P.O. Box 999
Harrisburg, PA 17108
& ROSENBERG,LLP
By:,
David H Jrbsenberg, Esquire
AttorneylD# 20569
1300 Linglestown Road
Harrisburg, PA 17110
(717)238-2000
Date:
,? C7
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THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendants
TRAVIS WARLICK,
V.
Plaintiff
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a
GULLIFTY'S RESTAURANT &
GULLIFTY'S DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiff and Counsel:
You are hereby notified to plead to the enclosed New Matter within twenty (20)
days from service hereof or a default judgment may be entered against you.
Respectfully submitted,
THOMAS, THOMAS c&HAFER, LLP
By: Z- C VVI & r 1 a'XA ovt.ci
Kevin C. McNamara, Esquire
I.D.#72668
3019 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
DATE: Attorneys for Defendants
G????o5
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendants
TRAVIS WARLICK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a
GULLIFTY'S RESTAURANT &
GULLIFTY'S DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW
MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Cedar Cliff Inn, Inc., by its attorneys, Thomas,
Thomas & Hafer, LLP and answers Plaintiffs Complaint as follows:
1. It is admitted that the Plaintiff is who he says lie is.
2. Admitted with qualification. It is admitted that Cedar Cliff Inn, Inc. is a
Pennsylvania corporation with a registered address as alleged in this paragraph and that
Cedar Cliff Inn, Inc. does business as Gullifty's Restaurant and Gullifty's Underground.
3. Admitted in part and denied in part. It is admitted that the Cedar Cliff Inn,
Inc. acts through its agents, servants and employees from time to time. It is denied that
the Defendant, its agents, servants or employees committed any acts or failures to act that
would give rise to liability to the Plaintiff in this case.
4. Admitted in part and denied in part. It is admitted that on June 21, 2003, the
Cedar Cliff Inn, Inc. operated a restaurant and club known as Gullifty's Restaurant and
Gullifty's Underground at the alleged address. Cedar Cliff Inn, Inc. did not own the
premises.
5. Admitted with qualification. It is admitted that Cedar Cliff Inn, Inc. had a
liquor license that was in effect on June 21, 2003. Said license is necessary for the selling
of alcoholic beverages as part of the Defendant's business operations.
6. Admitted except the downstairs' portion of Gullifty's Restaurant is known as
Gullifty's Underground.
7. Admitted with qualification. It is admitted that the Defendant's employees
did act, from time to time, on June 21, 2003, in the course and scope of their employment.
It is denied that any of the agents, officers, servants, workers, independent contractors or
employees of the Defendant did anything which would give: rise to liability to the Plaintiff in
this matter.
8. These allegations represent conclusions of law to which no response is
required.
9. Admitted with qualification. It is admitted that Mr. Rhoads was an employee
of Cedar Cliff Inn, Inc. on June 21, 2003.
364090-1 z
10-11. Denied pursuant to Pa.R.C.P. 1029(e).
12. Admitted in part and denied in part. It is admitted that on the alleged date,
James Rhoads and his friend, Jason May, purchased a pitcher of beer at the lower level
bar while waiting for Travis Warlick and Louis Johnson to finish work. It is further admitted
that James Rhodes and Jason May then went to the upstairs' bar and each purchased a
single glass of beer. It is denied that the Defendant, its agents, servants or employees
served any free drinks to Rhoads or May on June 21, 2003.
13. Denied as stated. It is admitted that the Defendant's agents, servants and
employees did not cut off service of alcohol to James Rhoads as he did not appear to be
intoxicated when served. It is denied that Rhoads drank excessively while on the
Defendant's business premises on June 21, 2003. The balance of the allegations
represent conclusions of law to which no response is required.
14. Denied as stated. While it is admitted that James Rhoads consumed some
alcohol on Defendant's premises on June 21, 2003, it is denied that Rhoads consumed
liquor on the premises that evening. It is admitted that Mr. Warlick, Mr. Rhoads, Mr. May
and Mr. Johnson left the premises in Rhoads' vehicle; all were employed by Cedar Cliff
Inn, Inc. on the date of the accident.
15. Admitted with qualification. It is admitted that an accident happened
apparently while James Rhoads was driving and that the accident resulted in some injury
to the Plaintiff. As to the nature and extent of said injuries, after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to the truth
of the averments contained in this paragraph and proof thereof is demanded.
364090-1 3
16. Admitted in part and denied in part. To the best of the Defendant's
knowledge, the approximate time of the accident is as reported in the Pennsylvania
State Police Report. The actual time of the accident is unknown to the Defendant. It is
denied that James Rhoads was intoxicated at the time of the accident from alcoholic
beverages sold to him by the Defendant.
17-19. Denied pursuant to Pa.R.C.P. 1029(e).
COUNT I - NEGLIGENCE
Warlick v. Cedar Cliff Inn. Inc.
20. Answering Defendant hereby incorporates its answers to Paragraphs 1
through 19 as if fully set forth herein.
21(a)-(i). Denied pursuant to Pa.R.C.P. 1029(e).
22-28. The allegations of negligence and proximate causation represent
conclusions of law to which no response is required. As for the injuries and damages
alleged, after reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph
and proof thereof is demanded.
WHEREFORE, Defendant respectfully requests that Count I of Plaintiffs
Complaint be dismissed without cost to it.
COUNT II - Punitive Damages
Warlick v. Cedar Cliff Inn. Inc.
29. Answering Defendant hereby incorporates its answers to Paragraphs 1
through 28 as if fully set forth herein.
364090-1 4
30-38. Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant respectfully requests that Count II of Plaintiffs
Complaint be dismissed without cost to it.
NEW MATTER
39. No acts or failures to act on the part of the Defendant, its agents, servants
or employees was/were a substantial factor or factual cause in bringing about the
accident or injuries set forth in Plaintiffs Complaint.
40. At the times that James Rhoads was served alcohol by the Defendant on
the night of the occurrence set forth in Plaintiff's Complaint, he was not visibly
intoxicated and the Defendant breached no duty to the Plaintiff.
41. The Plaintiff himself was contributorily/comparatively negligent in bringing
about this incident and his recovery is barred and/or reduced by his own comparative
negligence.
42. The incidents set forth in Plaintiff's Complaint and any injuries to the
Plaintiff were or may have been brought about entirely by the negligence of James
Rhoads.
43. The Plaintiff's claims have been or may have been already satisfied in
whole or in part via payment made by or on behalf of James Rhoads. Any potential
liability of the Defendant to the Plaintiff is barred or reduced by payments made by or on
behalf of James Rhoads.
964090-1 ?J
WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be
dismissed without cost to it.
Respedfully submitted,
THOMAS, THOMAS & HAFER, LLP
By:
Kevin C. McNamara, Esquire
I.Dat72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(71.7) 237-7132
Attorneys for Defendants
DATE: 6/p -710-5
364090-1
VERIFICATION
I, -ewts C- l • state that I am an authorized representative of CEDAR
CLIFF INN, INC., that I make this Verification on behalf of CEDAR CLIFF INN, INC. and that I am
familiar with the facts set forth in the foregoing document. I have read the foregoing document and
hereby affirm that it is true and correct to the best of my personal knowledge, information and
belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to
authorities.
LIFF,INN, INC.
CEDA
E : :
DATE:
1571-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and
correct copy of the foregoing document on the following person by placing same in the
United States mail, postage prepaid, on the,;? 7 'ay of 2005:
David H. Rosenberg, Esquire
HANDLER, HENNING & ROSENBE'RG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
James Clinton Rhoads
1812 Carlisle Road
Camp Hill, PA 17011
THOMAS, THOMAS & HAFER, LLP
By: C M cyl a??
Kevin C. McNamara, Esquire
364090-1 7
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TRAVIS WARLICK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 05-1808
CEDAR CLIFF INN, INC., separately
and d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant CIVIL-ACTION - LAW
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Travis Warlick, by and through his attorneys,
HANDLER, HENNING & ROSENBERG, LLP by David FI Rosenberg, Esq., and replies
to New Matter of Defendant, Cedar Cliff Inn, Inc., as follows:
39. Denied. This is a conclusion of law to which a response is not
required. If a response was required, this allegation is specifically denied.
40. Denied. This is denied pursuant to Pennsylvania Rule of Civil
Procedure 1029(e).
41. Denied. This is a conclusion of law to which a response is not
required. If a response was required, this allegation is specifically denied.
42. Denied. This is a conclusion of law to which a response is not
required. If a response was required, this allegation is specifically denied.
43. Denied. This is a conclusion of law to which a response is not
required. If a response was required, this allegation is specifically denied.
WHEREFORE, Plaintiff, Travis Warlick, seeks damages, including punitive
damages, from Defendant, Cedar Cliff Inn, Inc., separately and d/b/a Dante's a/k/a
Gullifty's Restaurant & Gullifty's Downstairs, in an amount in excess of the compulsory
arbitration limits of Cumberland County.
[ Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
DATE
Z?
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David 1H Ros nberg, Esquire
I.D. #2056
1300 Ling estown Road
Harrisburg, PA 17110
717-238-2000
Attorney for Plaintiffs
TRAVIS WARLICK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 05-1808
CEDAR CLIFF INN, INC., separately
and d/bla DANTE'S alk/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant CIVIL-ACTIO14 - LAW
CERTIFICATE OF SERVICE
On the 29`h day of June, 2005, 1 hereby certify that a true and correct copy of
Plaintiffs Reply To New Matter was served upon the following by depositing in U.S.
Mail;
Kevin C. McNamara, Esq.
Thomas, Thomas & Hafer
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
w? /iy ??
DATE
Respectfully submitted,
HANDLER, HENNING & ROSENBERG, LLP
David Ros berg, Esquire
I.D. #20569
1300 Lingldstown Road
Harrisburg, PA 17110
717-238-2000
Attorney for Plaintiffs
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are
based upon information which has been furnished to counsel by me and information which
has been gathered by counsel in the preparation of this lawsuit. The language of the
document is of counsel and not my own. i have read the document and to the extent that
it is based upon information which I have given to counsel, it is true and correct to the best
of my knowledge, information and belief. To the extent that the contents of the document
are that of counsel, I have relied upon my counsel in making this Verification. The
undersigned also understands that the statements made therein are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
c?a, ? ?ir yr/t
Travis Warlick
Date: (o /?7
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THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Dante's Restaurant, Inc.
TRAVIS WARLICK,
V.
Plaintiff
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a
GULLIFTY'S RESTAURANT &
GULLIFTY'S DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
LOUIS JOHNSON,
V.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2935
CEDAR CLIFF INN, INC. separately
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendants
V.
JAMES CLINTON RHOADS,
Additional Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT DANTE'S RESTAURANT, INC.'S
MOTION TO CONSOLIDATE CASES
AND NOW, comes the Defendant, Dante's Restaurant, Inc., by its attorneys,
Thomas, Thomas & Hafer, LLP and moves for the consolidation of the above-captioned
matters, based upon the following:
1. The above-captioned civil actions have been separately commenced by the
Plaintiffs related to a motor vehicle accident that occurred on June 21, 2003, when a
vehicle driven by the Additional Defendant crashed after failing to negotiate a bend in the
road.
2. At the time of the subject accident, both Plaintiffs, Travis Warlick and Louis
Johnson, were occupants in the vehicle driven by the Additional Defendant.
3. The Plaintiffs' theories in both cases are identical - that the Defendant
served the Additional Defendant while the Additional Defendant was visibly intoxicated.
4. In view of the fact that these cases arise from the same set of operative
facts, especially as they pertain to liability, the matters should be consolidated, both for
purposes of discovery and for trial.
5. The undersigned has contacted counsel for Plaintiffs in both cases and both
concur in the Motion for Consolidation. The Additional Defendant is not yet represented.
364090-1 2
WHEREFORE, Defendant Dante's Restaurant, Inc. respectfully requests that the
above-captioned matters be consolidated for purposes of discovery and trial.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By: h?? W)y???
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant Dante's
Restaurant, Inc.
DATE: 3`t41ob
364090-1 3
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and
correct copy of the foregoing document on the following person by placing same in the
United States mail, postage prepaid, on the L d y of ?&vC.2005:
David H. Rosenberg, Esquire
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Counsel for Travis Warlick
Richard M. Wiener, Esquire
VILLARI, BRANDES & KLINE, P.C.
8 Tower Bridge
161 Washington Sreet, Suite 400
Conshohocken, PA 19428
Counsel for Louis Johnson
James Clinton Rhoads
1812 Carlisle Road
Camp Hill, PA 17011
364090-1
THOMAS, THOMAS & HAFER, LLP
By: I -- C (M`4 a,..,
Kevin C. McNamara, Esquire
4
R -,7 71 `4 AD MAP 15 TRAVIS WARLICK,
V.
Plaintiff
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a
GULLIFTY'S RESTAURANT &
GULLIFTY'S DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
LOUIS JOHNSON,
V.
Plaintiff
CEDAR CLIFF INN, INC. separately
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendants
V.
JAMES CLINTON RHOADS,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2935
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PROPOSED ORDER
AND NOW, this 1(a'6, day of h at 3N 2006, upon
consideration of the Defendant's Motion for Consolidation, it is hereby ORDERED that
the above-captioned matters are consolidated to Docket No. 05-1808 for purposes of
discovery and trial.
A ,ry
03
BY BY THE COURT:
J.
N+N?illinS?liv"3d
Z0 !h NJ 91 8vw 9001
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"Id ^
TRAVIS WARLICK , : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-1808
CEDAR CLIFF INN, INC., separately and CIVIL ACTION - LAW
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
VS.
JAMES CLINTON RHOADS,
Additional Defendant JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendant James
Rhoads, with regard to the above-captioned matter.
Respectfully submitted,
NEALON GOVER & PERRY
By: )41ti.:_
Date: *
Ca G. Shore, Esquire
I.D. 0. 85321
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
r '
CERTIFICATE OF SERVICE
AND NOW, this -8--r-t day of April, 2006, 1 hereby certify that I have served the
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a
true and correct copy of same in the United States mail, postage prepaid, addressed to:
Kevin C. McNamara, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
LPG
y . Shore, Esquire
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THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Dante's Restaurant, Inc.
TRAVIS WARLICK, IN THE COURT 'Of COMMON PLEAS OF
Plaintiff CUMBERLAND C 'NTY, PENNSYLVANIA
v.
NO. 05-1808
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'S CIVIL A TION - LAW
RESTAURANT & GULLIFTY'S
DOWNSTAIRS, JURY TRI L DEMANDED
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
LOUIS JOHNSON, IN THE COURT O COMMON PLEAS OF
Plaintiff CUMBERLAND CO NTY, PENNSYLVANIA
V.
NO. 5-2935
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S CIVIL A ION - LAW
DOWNSTAIRS,
Defendants
V. JURY TRI DEMANDED
JAMES CLINTON RHOADS,
Additional Defendant
NOTICE TO PLEAD
TO: Plaintiff and Counsel:
You are hereby notified to plead to the enclosed New Matter,
service hereof or a default judgment may be entered against you.
THt
THO/M,
DATE: By: Kevin C. h
Kevin C. A
P.O. Box
(717)237
Attorneys for C
twenty (20) days from
!S& HAFER, LLP
^
? / AA"L- -
I, Harrisburg, PA 17108
32
376315-1
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Dante's Restaurant, Inc.
TRAVIS WARLICK, IN THE COURT O COMMON PLEAS OF
Plaintiff CUMBERLAND C UNTY, PENNSYLVANIA
V.
NO 05-1808
CEDAR CLIFF INN, INC. separately an
d/b/a DANTE'S a/k/a GULLIFTY'S CIVIL A TION - LAW
RESTAURANT & GULLIFTY'S
DOWNSTAIRS, JURY TRI L DEMANDED
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
LOUIS JOHNSON, IN THE COURT Olf COMMON PLEAS OF
Plaintiff CUMBERLAND CO NTY, PENNSYLVANIA
v.
NO. 5-2935
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'
RESTAURANT & GULLIFTY'S CIVIL A ION - LAW
DOWNSTAIRS,
Defendants
V. JURY TRI L DEMANDED
JAMES CLINTON RHOADS,
Additional Defendant
DEFENDANT DANTE'S RESTAURANT, INC.'S
WITH NEW MATTER TO PLAINTIFF'S COMi
1. It is admitted that the Plaintiff is who he says he is.
2. Admitted with qualification. It is admitted that Cedar
corporation with a registered address as alleged in this paragraph
Inn, Inc. is a Pennsylvania
that Cedar Cliff Inn, Inc.
does business as Gullifty's Restaurant and Gullifty's Underground.
3. Admitted in part and denied in part. It is admitted that the Cedar Cliff Inn, Inc. acts
through its agents, servants and employees from time to time. It is enied that the Defendant, its
agents, servants or employees committed any acts or failures to act hat would give rise to liability
to the Plaintiff in this case.
4. Admitted in part and denied in part. It is admitted that
Cliff Inn, Inc. operated a restaurant and club known as Gulli%
Underground at the alleged address. Cedar Cliff Inn, Inc. did not own
5. Admitted with qualification. It is admitted that Ced<
license that was in effect on June 21, 2003. Said license is
beverages as part of the Defendant's business operations.
6. Admitted except the downstairs' portion of
Gullifty's Underground.
7. Denied. This allegation represents a conclusion of
required.
8. Admitted in part and denied in part. It is admitted that
on June 21, 2003. The balance of the allegations are denied.
9. Denied as stated. Mr. Rhoads was served beer prior
motor vehicle with his friends.
June 21, 2003, the Cedar
Restaurant and Gullifty's
e premises.
Cliff Inn, Inc. had a liquor
r for the selling of alcoholic
Restaurant is known as
to which no response is
was sold to Mr. Rhoads
leaving the premises via
10. Admitted in part and denied in part. It is admitted that n accident happened at the
alleged location and apparently while James Rhoads was driving. As to the balance of the
allegations, after reasonable investigation, Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments ntained in this paragraph
and proof thereof is demanded.
11-12. Denied pursuant to Pa.R.C.P. 1029(e).
376315-1 2
13-17. Denied. After reasonable investigation, Answ ring Defendant is without
knowledge or information sufficient to form a belief as to the truth if the averments contained in
this paragraph and proof thereof is demanded.
COUNTI
LOUIS JOHNSON vs. CEDAR CLIFF INN, NC.,
Separately and d/b/a GULL/FTY'S RESTAU ANT &
GULLIFTY'S DOWNSTAIRS (Neallaen el
to Paragraphs 1 through
18. Answering Defendant hereby incorporates its answ 1l,
17 as if fully set forth herein.
19(a)-(e). Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant respectfully requests that Counof Plaintiff's Complaint be
dismissed without cost to it.
COUNTII
LOUIS JOHNSON vs. CEDAR CLIFF INN, C.,
Se
parately and d/b/a GULL/FTY'S RESTAU NT &
GULL/FTY'S DOWNSTAIRS (Punitive Dam es)
20. Defendant hereby incorporates its answers to Paragraphs 1 through 19 as if fully
set forth herein.
21. Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant respectfully requests that Count I of Plaintiffs Complaint be
dismissed without cost to it.
NEW MATTER
22. No acts or failures to act on the part of the Defend nt, its agents, servants or
employees was/were a substantial factor or factual cause in brin ing about the accident or
injuries set forth in Plaintiffs Complaint.
376315-1 3
23. At the times that James Rhoads was served alco of by the Defendant on the
night of the occurrence set forth in Plaintiffs Complaint, he was n t visibly intoxicated and the
Defendant breached no duty to the Plaintiff.
24. The Plaintiff himself was contributorily/comparativel negligent in bringing about
this incident and his recovery is barred and/or reduced by his own c mparative negligence,
25. The incidents set forth in Plaintiff's Complaint and any injuries to the Plaintiff
were or may have been brought about entirely by the negligence of ames Rhoads.
26. The Plaintiff's claims have been or may have been Iready satisfied in whole or
in part via payment made by or on behalf of James Rhoads, ny potential liability of the
Defendant to the Plaintiff is barred or reduced by payments mad by or on behalf of James
Rhoads.
27. The Plaintiff's claims are or may be barred in whole r in part by the doctrine of
accord and satisfaction or by a release of claims.
WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed
without cost to it.
Respectfully i m itted,
THOMAS TH MAS c& HHAFER, LLP
By: !//L ? 7' /4",?
Kevin C. cNamara, Esquire
1. D.#7266
305 North Front Street
P.O.Box 99
DATE: 51;14?109
376315-1
4
(717) 237
Attorneys 1
PA 17108-0999
132
r Defendant
•
VERIFICATION
I, eVAS CFI Lv-&%-i , state that I am an
CLIFF INN, INC., that I make this Verification on behalf of CEDAR C
familiar with the facts set forth in the foregoing document. I have reac
hereby affirm that it is true and correct to the best of my personal
belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relati
authorities.
DATE:
representative of CEDAR
INN, INC. and that I am
foregoing document and
information and
to unsworn falsification to
INC.
N
?rf
1571-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have
of the foregoing document on the following person by placing
postage prepaid, on the tv day of , 2006:
David H. Rosenberg, Esquire
HANDLER HENNING AND ROSENBERG,
1300 Linglestown Road
Harrisburg, PA 17110
(Counsel for Travis Warlick)
Richard M. Wiener, Esquire
VILLARI, BRANDES AND KLINE,
8 Tower Bridge
161 Washington Street
Suite 400
Conshohocken, PA 19428
(Counsel for Louis Johnson)
Casey Shore, Esquire
NEALON & GOVER P.C.
2411 North Front Street
Harrisburg, PA 17110
(Counsel for James Clinton Rhoads)
THOMAS, THOMAS &
By: /< C ,
Kevin C.
a true and correct copy
in the United States mail,
LLP
ira, Esquire
376315-1 5
c-
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fi123
ca -;io
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-a
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TRAVIS WARLICK : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-1808
CEDAR CLIFF INN, INC., separately and CIVIL ACTION - LAW
d/b/a D4NTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
VS.
CLINTON RHOADS,
Additional Defendant JURY TRIAL DEMANDED
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
withdraw the undersigned's appearance on behalf of the Defendant James
with regard to the above-captioned matter.
Date:
Respectfully submitted,
NEALON GOVER & PERRY
By:
,taseXG.Vore, Esquire
ID -W. 85321
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
' 4
CERTIFICATE OF SERVICE
AND NOW, this jo- day of July, 2006, 1 hereby certify that I have served the
foregoing PRAECIPE FOR WITHDRAWAL OF APPEARANCE on the following by
deposi ing a true and correct copy of same in the United States mail, postage prepaid,
ad, ed to:
Kevin C. McNamara, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
as . Shore, Esquire
s It
;
F
,
A
TRAVIS WARLICK : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 05-1808
CEDAR CLIFF INN, INC., separately and CIVIL ACTION - LAW
d/b/a ANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
i Defendant
VS.
CLINTON RHOADS,
Additional Defendant JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
enter the undersigned's appearance on behalf of the Defendant James
regard to the above-captioned matter.
Respectfully submitted,
NEALON GOVER & PERRY
By:
Date: l' b
?I
4en i Henley Allen, Esquire
o. 84311
2411 North Front Street
Harrisburg, PA 17110
717/232-9900
CERTIFICATE OF SERVICE
AND NOW, this 13 day of July, 2006, 1 hereby certify that I have served the
foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a
true acid correct copy of same in the United States mail, postage prepaid, addressed to:
Kevin C. McNamara, Esquire
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Henley Allen, Esquire
THOMAS, THOMAS & HAFER, LLP
W. Darren Powell, Esquire
Identification Number: 68953
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
7171237-7132
Attorneys for Defendant Dante's Restaurant, Inc.
TRAVIS WARLICK,
V.
Plaintiff
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE' S a/k/a GULLIFTY' S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant certifies that:
1. A Notice of Intent to Serve Subpoena with copies of the subpoenas attached thereto was
mailed or delivered to each party at least twenty (20) days in advance of this Certificate;
2. A copy of a letter dated September 13, 2006 and executed by counsel for Plaintiff, Travis
Warlick, indicating no objections and waiver of the Notice of Intent is attached to the Certificate;
this certificate.
The subpoenas which will be
to the
THO
Date: It ?b D?
HAFER,
W. Darren Powell, Esquire
I.D. Number: 68953
305 North Front Street, P.O. Box 999
Harrisburg, PA 17101
(717) 237-7154
Attorney for Defendant
are attached to
andlar,
anning&
I os¢nbQrg,«P
ATTORNEYS AT LAW
Leslie B. Handler, Retired
W. Scott Henning
David H Rosenberg (PA, FL)
Carolyn M. Anner (PA, NY, RN)
Matthew S. Crosby IPA, NJ)
Gregory M. Feather IPA, NJ)
Stephen G. Held
Jason C.Imler
Kate Wilhelm
Thomas, Thomas & Hafer
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
September 13, 2006
RE: Travis Warlick v. Cedar Cliff Inn, Inc. & Gullifty's
05-1808
Dear Ms. Wilhelm:
MAIN OFFICE
1300 Linglestown Road
Harrisburg, PA 171 10
717-238-2000
1-800-422-2224
717-233-3029 (fax)
LANCASTER OFFICE
717-431-4000
CARLISLE OFFICE
717-241-2244
www.HHRLaw.com
rosenbergi@HHRLaw.com
am in receipt of your letter of September 8, 2006, with the subpoenas you intend to
serve in this matter. I am willing to waive the 20 day notice requirement. I only ask that
you provide me with any and all documents that you obtain through the subpoenas.
This of course, would be in response to my continuing Discovery.
If you have any questions, feel free to contact me.
Very truly yours,
HANDLER, HENNING & ROSENBERG, LL P
David H Rosenber squire
D H Rltgd
CC'. Travis Warlick
TRAVIS WARLICK, I IN THE COURT OF COMMON PLEAS OF
Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA
V.
CEDAR. CLIFF INN; INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCO"vTRf PtjRS :,Aiy t T 0 GUILE 4009.22
TO: Custodian of Records, Dr. Kendra Davis, Marysville Family Medical Center,
506 South State Road, Marysville, PA 17053
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of any and all medical records, reports, physical therapy records, treatment notes,
diagnostic studies, writings, correspondence, etc., for treatment rendered on behalf of Travis Warlick:
d/o/b: 04/18./84, ssn: 161-68-2460.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the parry making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
T r_rFC er JLPO.E'-1_`, ' aS: ISSN ED AT T?IF RFQi iF:ST OF THE FOLLOWING PERSON:
l1_V _
NAME: W. Darren Powell, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7154
SUPREME COURT ID#: 68953
ATTORNEY FOR: Defendant
DATE: oZQIIJ
Seal o the Court
BY 7T2
URT: /q
Pro onotary/Cl , Civ' Division
Deputy
TRAVIS WARLICK, I IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUAN I' TO RULE 4009.22
TO: Custodian of Records, All State Insurance Company
6345 Flank Drive, Suite 1000, Harrisburg, PA 17112
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of the claim file, including any and all documents statements medical records
photographs, billing information, first arty benefits payout sheet disability statements work
notes, medical bills, and any other information contained in your file regarding Claimant: Travis
Warlick; d/o/b: 04/18/84, ssn: 161-68-2460. claim #: 155465076005, date of loss: 6/21/03 insured:
Carrie Warlick.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: W. Darren Powell, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7154
SUPREME COURT ID#: 68953
ATTORNEY FOR: Defendant BY THEICOURT: ')
j ?
DATE:
Seal of t e Court Proth notary/Cler , Ci Division
Deputy
TRAVIS WARLICK, I IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/4c/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PU 2S4JANj' TO RULE 4009.22
TO: Custodian of Records, Mechanicsburg Family Practice
122 South Filbert Street, Mechanicsburg, PA 17055.
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies of any and all medical records reports, physical therapy records treatment notes
diagnostic studies, writings, correspondence etc. for treatment rendered on behalf of Travis Warlick•
d/o/b: 04/18/84, ssn: 161-68-2460.
at: Thomas, Thomas & Hafer, LLP, 305 N. Front St. P.O. Box 999, Harrisburg PA 17108-0999
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
?'1r':` FiTRPOFNA WAS ISST.TFD !`,T THE REQUEST OF THE FOLLOWING PERSON:
NAME: W. Darren Powell, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7154
SUPREME COURT ID#: 68953
ATTORNEY FOR: Defendant
DATE: a I Q?j b
Seal of E e Court
BY TH COURT:
Proth notary/Cl C it Division
Deputy
TRAVIS WARLICK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CEDAR CLIFF INN, INC. separately and
d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
V.
JAMES CLINTON RHOADS,
Additional Defendant
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PUBS-U iANi 1'O itULE 4009.22
TO: Custodian of Records, Capital City Carwash, Inc.
3525 Hartzdale Drive, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce
the following documents or things:
Complete copies _of any and all employment records attendance records wage information disability
slips disciplinary actions medical records claim notices correspondence, documents, and work notes,
etc including but not limited to your entire file on behalf of Travis Warlick; d/o/b: 04/18/84, ssn: 161-
68-2460.
at: Thomas, Thomas & Hafer LLP 305 N. Front St., P.O. Box 999, Harrisbury,, PA 17108-0999.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING Pi KSON:
NAME: W. Darren Powell, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7154
SUPREME COURT ID#: 68953
ATTORNE FOR: Defendant
DATE: h, _ j?j 66?
Seal of e Court
BY T COURT:
?
Proth notary r , I I Division
Deputy
CERTIFICATE OF SERVICE
I, Kate A. Wilhelm, a Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby
certify that I have served a true and correct copy of the foregoing document on the following persons by
placing a copy of the same in the United States mail, first class mail, directed to the addressed as follows,
on the date set forth below:
David H. Rosenberg, Esquire
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Counsel for Travis Warlick
Richard M. Wiener, Esquire
VILLARI, BRANDES & KLINE, P.C.
8 Tower Bridge
161 Washington Sreet, Suite 400
Conshohocken, PA 19428
Counsel for Louis Johnson
Casey Shore, Esquire
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Counsel for James Clinton Rhoads
THO1 A SS, THOMAS & HAFER, LLP
Kate A. Wilhelm, Paralegal
Dated: 1-6131 -b L
?^ } l
_. ...3": _._..?
-
ev;_
i !
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-
r °'-
` C,. •-C.
A
TRAVIS WARLICK, IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiff,
V. NO. 05-1808
CEDAR CLIFF INN, INC. separately
and d/b/a DANTE'S a/k/a GULLIFTY's CIVIL ACTION - LAW
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
VS.
JAMES CLINTON RHOADS
Additional Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 30`' day of March 2007, I hereby certify that I have, on this date,
served the within Plaintiff, Travis Warlick, Answers to Defendants' Interrogatories &
Request for Production of Documents addressed to Plaintiff, via first class mail by
sending a true and correct copy of same to their attorney and including copies to all
parties of interest as follows:
Defendant James Clinton Rhoads
c/o Jenni Henley Allen
Nealon Gover & Perry
2411 N Front Street
Harrisburg, PA 17110
W. Darren Powell, Esq.
Thomas, Thomas & Hafer
305 N. Front Street
Harrisburg, PA 17101
Richard Weiner, Esq.
Villari, Brandes & Kline, P.C.
8 Tower Bridge, Ste. 400
161 Washington Street
Conshohocken, PA 19428
HANDLER. HENNING & ROSENBERG, LLP
By:
David Rosenberg, Esquire
Atto y ID# 20569
1300 inalestown Road
Harrisburg, PA 17110
(717)238-2000
??????
Date:
gn
cl
Gordon A. Einhorn, Esquire
1. D. 59006
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
(717) 441-7054
geinhom@tthlaw.com
Attomeys for Defendant
TRAVIS WARLICK,
Plaintiff
V.
CEDAR CLIFF INN, INC., separately
and d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 05-1808
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
V.
JAMES CLINTON RHOADS,
Additional Defendant
LOUIS JOHNSON
Plaintiff
V.
CEDAR CLIFF INN, INC., separately
and d/b/a DANTE'S a/k/a GULLIFTY'S
RESTAURANT & GULLIFTY'S
DOWNSTAIRS,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 05-2935
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
V.
JAMES CLINTON RHOADS,
Additional Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO: PROTHONOTARY
Please enter the appearance of the undersigned as counsel of record for Cedar
Cliff Inn, Inc., separately and d/b/a Dante's a/k/a Gullifty's Restaurant & Gullifty's
Downstairs, Defendant, in the above matter.
Respectfully submitted,
Date: S ao o p
THOMAS, THOMAS & HAFER, LLP
Gordon A. Einhorn, Esquire
I.D. No. 59006
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 441-7054
geinhorn@tthlaw.com
CERTIFICATE OF SERVICE
I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP,
attorney for Defendant, hereby certify that a true and correct copy of the foregoing
document was sent to the following counsel of record by placing a copy of same in the
United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
David H. Rosenberg, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road
Harrisburg, PA 17110-2838
Richard B. Wiener, Esquire
Villari, Brandes & Kline, P.C.
8 Tower Bridge
161 Washington Street
Suite 400
Conshohocken, PA 19428
Casey G. Shore, Esquire
Nealon, Gover & Perry
2411 North Front Street
Harrisburg, PA 17110
Date: f/2 •/v?'
594469.1
THOMAS, THOMAS & HAFER, LLP
?P
ordon A. Einhorn, Esquire
I.D. No. 59006
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 441-7054
geinhorn@tthlaw.com
c '
TRAVIS WARLICK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 05-1808
CEDAR CLIFF INN, INC., separately .
and d/b/a DANTE'S a/k/a GULLIFTY'S :
RESTAURANT & GULLIFTY'S
DOWNSTAIRS, .
Defendant CIVIL-ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the Docket in the above captioned matter as Settled, Discontinued
and Satisfied.
Very truly yours,
HANDLER, HENNING & ROSENBERG, LLP
By:
DHR/tgd
c
CERTIFICATE OF SERVICE
I, Gordon A. Einhom, Esquire, of the law firm of Thomas, Thomas & Hafer,
LLP, attorney for Defendant, hereby certify that a true and correct copy of the
foregoing document was sent to the following counsel of record by placing a copy
of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania
addressed as follows:
David H. Rosenberg, Esquire
Handler, Henning & Rosenberg
1300 Linglestown Road
Harrisburg, PA 17110-2838
Date: 2
664182.1
THOMAS, THOMAS & HAFER, LLP
ordon A. Einhorn, Esquire
I.D. No. 59006
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 441-7054
geinhom@tthlaw.com
2
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