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HomeMy WebLinkAbout05-2935IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOUIS JOHNSON, vs. Plaintiff CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendant 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 filling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOUIS JOHNSON, vs. Plaintiff CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S aS- -Z 9S ' 7 RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendant COMPLAINT 1. Plaintiff, Louis Johnson, is an adult individual currently residing at 7738 Minute Road, Harrisburg, PA 17112. 2. Defendant, Cedar Cliff Inn, Inc., separately and d/b/a Dante's a/k/a Gullifty's Restaurant & Gullifty's Downstairs, is a Pennsylvania business 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's acts and/or omissions were accomplished through its officers, agents, workers, representative and/or employees who were then and there acting and/or failing to act within the scope and course of their agency 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 d/b/a Dante s a/k/a Gullifty's Restaurant and Gullifty's Downstairs, located at 1104 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011. retail sale, furnishing, serving and supplying of alcoholic beverages at On information and belief, at all times material hereto, Defendant had a license for the 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, Defendant was subject to and had a duty to comply with the requirements of the Pennsylvania Liquor Code, 47 P.S. § 1-101, et seg. 8. On or about June 21, 2003, Defendant sold, furnished and/or gave liquor or malt or brewed beverages to its business invitee, James Rhoads, while Mr. Rhoads was visibly intoxicated, in violation of the Pennsylvania Liquor Code, 47 P.S. § 4-493(1). 9. On or about June 21, 2003, after James Rhoads consumed the liquor or malt or brewed beverages on Defendant's premises as aforesaid, he and several other individuals (including Plaintiff) left Defendant's premises and got in a motor vehicle which Mr. Rhoads proceeded to drive. 10. On or about June 21, 2003, at approximately 1:00 a.m., Plaintiff was a passenger in the vehicle driven by James Rhoads as aforesaid on the 200 block of Creek Road in Lower Allen Township, Cumberland County, Pennsylvania, when Mr. Rhoads lost control of the vehicle, causing it to leave the roadway and strike a stone wall. 11. At the time of the aforesaid accident, James Rhoads was intoxicated and impaired due to the liquor or malt or brewed beverages Defendant had sold, furnished and or given to him earlier in the evening. 12. The aforesaid accident occurred because James Rhoads was impaired and unfit to drive a motor vehicle as a direct and proximate result of the liquor or malt or brewed beverages Defendant had sold, furnished and or given to him earlier in the evening. 13. Solely as a result of the aforesaid incident, Plaintiff sustained injuries in and about his body and extremities which injuries are or may be serious and/or permanent and/or may have aggravated a previously-existing condition. Plaintiff sustained fractures of his cervical and lumbar vertebrae, and fractures of the fingers of his right hand, as well as other injuries, together with a severe shock to his nerves and nervous system by reason of which he was rendered sick, sore, lame, prostrate and disordered and was made to undergo great physical pain and mental anguish, as a result of which he has suffered, still suffers and will continue to suffer in the future. 14. As a further result of the aforesaid accident, Plaintiff has been obliged to expend and/or incur large sums of money for medicines and medical attention in and about endeavoring to treat and cure said injuries, and will be compelled to expend and/or incur additional sums for the same purposes in the future. 15. Asa further result of the aforesaid accident, Plaintiff has been prevented from attending to his usual and daily occupation and/or daily duties, thereby suffering a loss of earnings and/or impairment of his earning capacity which he will continue to suffer in the future. 16. As a further result of the aforesaid accident, Plaintiff has suffered or may suffer a severe loss because of expenses which have been or may be reasonably incurred in obtaining ordinary and necessary services in lieu of those which Plaintiff would have performed, not for income, but for the benefit of himself if he had not been injured. 17. As a further result of the aforesaid accident, Plaintiff has suffered physical and mental impairments which have prevented and will continue to prevent him from performing all or substantially all of the material acts and duties of his customary and usual daily activities. LOUIS JOHNSON vs. CEDAOR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, (Negligence) 18. Plaintiff incorporates by reference the allegations in the preceding paragraphs as fully as though each were set forth at length herein. 19. The aforesaid accident was caused by the Defendant's negligence, carelessness, recklessness and wrongful and liability-producing conduct, which consisted of the following: (a) Selling, furnishing and/or giving liquor or malt or brewed beverages to James Rhoads when Mr. Rhoads was visibly intoxicated, in violation of the Pennsylvania Liquor Code, 47 P.S. § 4-493(1); (b) Selling, furnishing and/or giving liquor or malt or brewed beverages to James Rhoads whom Defendant knew and/or should have known was a habitual drunkard and/or person of known intemperate habit, in violation of the Pennsylvania Liquor Code, 47 P.S. § 4-493(1); (c) Failing to properly train, monitor and/or supervise its officers, agents, workers, representative and/or employees to prevent them from selling, furnishing or giving liquor or malt or brewed beverages to visibly intoxicated persons, habitual drunkards and/or persons of known intemperate habit; (d) Negligence per se under strict liability for violations ofPennsylvania Crime Codes and the Pennsylvania Liquor Cods, including provisions relating to the sale, supply and/or furnishing of alcoholic beverages to persons visibly intoxicated by liquor licensees, their agents, servants and/or employees; (e) Respondeat superior and/or vicarious liability for acts and omissions of employees, agents, servants, independent contractors, shareholders, partners and/or property owners; WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars. COUNT II LOUIS JOHNSON vs. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, (Punitive Damages) 20. Plaintiff incorporates by reference the allegations in the preceding paragraphs as fully as though each were set forth at length herein. 21. Plaintiff is entitled to punitive damages because Defendant, by selling, furnishing or giving liquor or malt or brewed beverages to visibly intoxicated persons, habitual drunkards and/or persons of known intemperate habit such as James Rhoads, in violation of the Pennsylvania Liquor Code, 47 P. S. § 4-493(1), and by failing to take necessary and appropriate measures to prevent said sale, furnishing or giving, engaged in conduct which was outrageous and exhibited a willful and wanton indifference to the rights and safety of the public in general and Plaintiff in particular. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of Thirty Five Thousand ($35,000.00) Dollars. VILLARI, BRANDES & KLM, P.C. DATE: 6 d BY: ==a=u rvi. wiener, Esquire I.D. No. 68041 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorney for Plaintiff VERIFICATION I, Louis Johnson, state that I am the Plaintiff in this action and verify that the factual statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. This verification is made subject to 18 Pa.C.S.A. § 4904 which provides for certain penalties for making false statements. ou Johnson n 7qz a W ? d ? l J o r W m CO i5 .4, 1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOUIS JOHNSON, Plaintiff vs. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendant No.: 05-2935 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint filed in this matter on June S, 2005. Respectfully submitted, VILLARI, BRANDES & KLINE, P.C. BY: 'RICHARD M. WIENER, ESQUIRE Attorney for Plaintiff o O cn --? c _. ._ ? ?, ' ? ? , ,? ?? , ? -?c:, - _ -?^ - ' i ? = ? _ - - -:r? i ?. ; \;-m - _? U ?- n -< r ? cs+ 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 LOUIS JOHNSON, v. Plaintiff CEDAR CLIFF INN, INC. separately and d/bta DANTE'S a/kla GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendant NO. 05-2935 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 1 i c DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 374997-1 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 ('4" United States mail, postage prepaid, on the ?)d- day of _ vt ? ?'? 2005: Richard M. Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Sreet, Suite 400 Conshohocken, PA 19428 THOMAS, THOMAS & HAFER, LLP ,c Kevin C. McNamara, Esquire 374997-1 ? p U1 C=? c./` ?' ??Q w t s??, ?,'_, -'? .»}"7 t 7 _ y -.`i:. ? . ?.? ,,, i.,? w `s` `? ? .< THOMAS, THOMAS & HAFER, LLP Kevin C. McNantara, Esquire Identification Number: 72668 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7132 kmcnamara@tthlaw.com LOUIS JOHNSON, V. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, V. Attorney for Defendant Dante's Restaurant, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Defendant NO. 05-2935 CIVIL ACTION - LAW JAMES CLINTON RHOADS Additional Defendant : JURY TRIAL DEMANDED 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, THOMAS & HAFER, LLP Dated. ?? t ? 05 Kevm C. McNamara, Esquire Identification Number: 72668 P.O. Box 999 Harrisburg, PA 17108-0999' (717) 237-7132 Attorneys for Defendant Dante's Restaurant, Inc. 378547.1 '; ??? rv r C ) "i . ..11 u c .? .. ,?, .-.; _?_-: ' ; ? - : _ -' - r ? I C ',. __ ?._ ?; i .? C..? G G_? Cumberland County, SS : The Commonwealth of Pennsylvania to JAMES CLINTON RHOADS (Name of Addirtiona DDefendant) You are notified that DANrE, s (Name (s) of Defendant (;) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. SEPTEMBER 13, 2005 indwnot By (SEAT.,) Deputy JAMES CLINTON RHOADS 1812 CARLISLE ROAD CAMP HILL, PA 17011 i boxx ?d? Ih H H G ? ? ?? 'A I N 1 N H C7 C) Z C) t7' ?z d ?J? ?C n ~ H HyH _I 1 ?Cq rC 'T1 Oz H ?F?-` ??n O In N Hz H ?W N` ? BIZ t"' d ?? a H a 00 ,z ?rEn o Z7 tyy Cr. H b M SHERIFF'S RETURN - REGULAR CASE NO: 2005-02935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON LOUIS VS CEDAR CLIFF INN INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN RHOADS JAMES CLINTON was served upon the ADD'L DEFENDANT, at 1050:00 HOURS, on the 20th day of September, 2005 at 1812 CARLISLE ROAD CAMP HILL, PA 17011 by handing to DONNA RHOADS, MOTHER a true and attested copy of WRIT TO ADD'L DEFEN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 12.00 Postage .37 Surcharge 10.00 .00 40.37 Sworn and Subscribed to before me this 4 day of ?UUJ A.D. 0 Pr of y So Answers: R. Thomas Kline 09/21/2005 THOMAS THOMAS HAFER By: I?Fet ut S e f SHERIFF'S RETURN - REGULAR CASE NO: 2005-02935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JOHNSON LOUT VS CLIFF INN INC ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon CEDAR CLIFF INN INC D/B/A DANTES A/K/A GULLIFTYS RESTUAR the DEFENDANT , at 0013:03 HOURS, on the 3rd day of August , 2005 at & GULLIFTYS DOWNSTAIRS 1104 CARLISLE ROAD CAMP HILL, PA 17011 by handing to EARL KNISELY (PART-TIME MANAGER OF GULLIFTY'S) a true and attested copy of NOTICE together with REINSTATED COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.80 08/04/2005 VILLARI, BRANDES & KLINE Sworn and Subscribed to before By: me this day of (,4.. A-114 Deputy She f -?? 0? A.D. OO 0 Protho otary 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. LOUIS JOHNSON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CEDAR CLIFF INN, INC. separately and dlb/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT DANTE'S RESTAURANT, INC.'S MOTION TO COMPEL AND NOW, comes the Defendant, Dante's Restaurant, Inc., by its attorneys, Thomas, Thomas & Hafer, LLP and moves to compel discovery, based upon the following: 1. This is a personal injury suit that arises from a single vehicle accident that occurred June 21, 2003. 2. At the time of the crash, the vehicle in which the Plaintiff was an occupant was driven by Additional Defendant, James Rhoads. 3. The theory as to the Defendant is that Mr. Rhoads was served alcohol at the Defendant's business establishment while he was visibly intoxicated. 4. On October 4, 2005, the undersigned served Interrogatories and a Request for Production of Documents on the Plaintiff. Copies of these documents are attached hereto and marked Exhibits "A" and "B", respectively. 5. Despite informal attempts to obtain answers to basic discovery, neither answers, nor objections, have been received to this point. 6. The Rules of Civil Procedure provide for written responses or objections to properly served discovery within 30 days of the date of service. Failure of the Plaintiff to answer discovery is impeding the progress of this case and the Plaintiff should be ordered to comply with the Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests that the Plaintiff be ordered to answer Defendant's Interrogatories and Request for Production of Documents, without objection. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: . C Vy 7 l owe cz-?.?. 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??/l0 r- 415532-1 I THOT MS, THOMAS & HAFER, LLP Kevin C. McNamare, Esquire rde?ufication Number 72668 30? N. Front Street Y.U. riox yy9 Hamsbu>c. PA 17108 (717) 237-7132 kmG?amara(a(tthlaw.com LOUIS JOHNSON, Plaintiff V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DO?VNTSTAIRS, NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants To. Louis Johnson, Plain ,fT c% Richard M TLetner. Esquire VILL_AR£, BRANDES & KLINE, P.C. S Tbwer• Bridge 161 Washington Street, Suite 400 Conshohocken, PA 19428 DEFINITIONS "Document" means any written, printed, t)Ted, or other baph c matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drains, and other data compilations from -which information can be obtained. "Identif " or "Identi `" means \T,'1'ieil uSeu in reference to -- A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or country); (2) A document: (a) its description (e.g., letter, (b) its subject matter; 179045.1 Attemey for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA title, and date; (c) its author's identity; (d) its addressee's identity; (e) its present location; and its custodian's identity; (3) An oral comrnuuication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the coinmmucation; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such corninuni cation was made; (d) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number; (5) Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and docu vents. "Incident" means the occurrence that fors the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" meals a natural person, partnership, association, corporation, or government agency. 379046.1 STANDARD INSTRUCTIONS (1) Duty to answer. -- The Interrogatories are to be answered in writing, verified, and sewed upon the undersigned within thirty (30) days of their service on you. Objections must be signed by the attorney making them. In your answers, you must finnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. - With respect to any claim of privilege or immunity from discovery, you must identify the privilege or imtnunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. Respectfully Submitted, Date: JC1. ? CS THOMAS, THOA,IAS & HAFER, LLP By- Kevin C. McNamara, Esquire Identification Number: 72668 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 237-7132 Attorney: for Defendants 379046.1 I. List and describe all expenses and losses that you have incurred because of the incident. ANSWER: 2. (a) Identify each person who (1) Was a witness to the incident through sight or hearing and/or (2) Has knowledge of facts concerning the happening of the incident or conditions or circumstances at the scene of the incident prior to, at the three of, or after the incident. (b) With respect to each such person identified, state that person's exact location and activity at the time of the incident. A-NS«NTR: 3'9046.1 3. If you Imow of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: (a) The identity of such person; (b) When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; (c) The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANS«'ER: 4. Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified, state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 379045.1 5. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance of the facts and opinions to which the expert is expected to testify and a sununaiy of the grounds for each opinion. (You may file as your answer to this interrogatory, the report of the expert or have the mterrogatory answered by your expert.) ANSWER: 6. Identify all exhibits that you intend to use at the trial of flus matter and state whether thcy will be used during the liability or damages portions of the trial. ANS-LAVER: 375046.1 If you intend to use any admission(s) of a party at trial, identify such admission(s). A_NSNN'ER: 8. Please state the name, address, and telephone number of your family physician and each and every physician you have consulted in the last five (5) years prior to the date of this incident, as well as indicate the date in which Plaintiffs last consulted any physician for any type of physical complaint and the reason for such consultation. ANSWER: 379046.1 9. Do you currently receive treatment or medication for the injuries allegedly suffered in this incident? If so, please identify who is treating you and the type of treatment and/or medication you are receiving. ,ANSWER: 10. If, as a result of this incident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the incident, state with particularity. (a) The duties and/or activities you have been unable to perform; (b) The periods of time you have been unable to perforl; and (c) The identity of all persons having lamowledge thereof. ANSN17ER: 379045.? 11. If you are making a claim for lost wages or lost earning capacity as a result of the injuries you allegedly received as a result of the incidents that form the basis of this case, please indicate the amount of wages lost or lost earning capacity and specify the source(s) of any and all lost wages and the basis for your lost earning capacity claim. ANSWER: 12. If you have engaged in one or more gainful occupations subsequent to the date of the incident, state: (a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name of the business while self-employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self-employment; (d) The wage, salary or rate of earnings received by you in each employment or self- employment, and the amount of income from employment and self-employment for each year; and (e) The date(s) of any absence(s) from your occupation resulting from any injury or disease suffered in this incident, and the amount of any earnings or other benefits lost by you because of such absence(s). ANSyy'ER: 379046.1 13. State whether any agreement, tacit or written, has been entered into by any person or entity concerning settlement, limitation of liability or any relinquislunent of rights concerning or related to the occurrence or the alleged datnages sustained by Plaintiff. ANSWER: 14. State whether you have ever been arrested or convicted and, if so, then state the charge, disposition, date of disposition and the court in which it was processed. ANSWER: 379046.1 15. Identifv the source and state the amount and date of any and all benefits or payments of any kind that you have received or have been paid on your behalf because of losses you sustained or expenses you incurred as a result of the subject accident, including but not limited to all first party insurance benefits, workers' compensation, medical expense coverage and compensation for disability, dismemberment or disfigurement, death, income or hospital indemnity and lost income or earnings. ANSWER: 16. Did you consume any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight (8) hours immediately preceding the incident? If so, please state: (a) The nature, amount, and type of item consumed; (b) The arnount of time over which consumed; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if arry. ANSWER: 3'9045.1 17. Did the driver, and/or any of the other occupants of the vehicle uivolved in the subject accident consume any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish, or other drug, medicine or pill during the eight (8) hours irmnediatety preceding the incident? If so, please state: (a) The nature, arnount, and type of item consumed by each; (b) The amount of three over which each individual consumed same; (c) The identity of any and all persons who have any knowledge as to the consumption of those items; and (d) The identity of the physician or medical practitioner or other person who gave, purchased or prescribed any of said items, if any. INSNN'ER: 18. On the might of this incident, please identify by name the bartender(s) or server(s) who sold, supplied, provided or funushed to the driver of the vehicle involved in the accident with liquor and;'or brewed beverages. ?ANSWER: 379046.1 19. Identify by name each and ever}, person that can support Plaintiffs allegations that the driver of the vehicle involved in the accident was "visibly intoxicated" at the time he was served alcoholic beverages by the Defendant or any of its employees. ANSWER: ZQ. Please explain your activitieslwhereabouts on the night of the subject incident from 10:00 P.m. to 1:00 a.m. ANSWER: 379oas.1 21. Please provide a list by type, amount and time of consumption of all alcoholic beverages andlor controlled substances (drugs) ingested/consumed by the driver of the vehicle involved in the subject accident in the six-hour period of time prior to the accident. ANSNVER: 22. Did the driver of the vehicle you were occupying on the night of the subject incident appear visibly intoxicated to you at the time you entered the vehicle? If so, what signs of visible intoxication were apparent to you? ANSWER: (' Date: THOMAS, THOMAS & HAVER, LLP Kevin C. -McNamara, Esquire Identification Numbe.: 72550 305 N. Front Street P.O. Boa 999 Hanisburg, PA 17105 (717)237-7132 Attorney for Defendants 379045,11 I I, Kevin C. McNamara, Esquire, of the law firm Thomas, Thomas & Hafer LLP, certify that 1 have served a true and correct copy of the foregoing document on the following person(s) by placing same in the United States mail, postage prepaid, on the date set forth below: Richard M. Weiner, Esquire VIL.L_ARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Street, Suite 400 Conshohocken, PA 19428 THOMAS, THOMAS & HAFER, LLP By: /k/--? n ?Cj??.u?ca -t ?. Kevin C. McNamara Date: 379046.1 , HOMAS, MOMAS 6 HAFER LLP Kevin C. McNamara, Esquire Identification Number: 72666 305 N. Front Sucet P.O. Box 999 Har isbm g, PA 17105 (717) 237-71-32 kmcnanwal4tthlaw.com LOUIS JOHNSON, Plaintiff V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE' S akla GULLIFTY' S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendants Attomey for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL. DEMANDED DEFENDANTS REOUEST3FO 'R PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF To. Louis Johnson, Plaintiff c ro Richard M ileiner, Esquire bILLAR7, BRANDES & KLINE, P. C. 8 Tower Bridge 161 Washington Street, Suite 400 Conshohocken, PA 19428 Defendants hereby ,-Kest that you finish p,!rsuu-t to the Pen nsylyama Rulcs Of Civil Procedure, at our expense, or permit the Defendants or someone acting on its behalf to inspect, examine, and copy the following items convening this action which are in the possession, custody. or control of the Plaintiff, counsel for Plaintiff. or any other person or entity acting on behalf of Plaintiff, including any insurer(s) for Plaintiff. Said items shall be produced or made available for inspection at the office of Defendants' attorneys located at 305 North Front Street, Harrisburg, Pennsylvania within thirty (30) days after service of this Request, on a date and time to be arranged between counsel: 379041 1 All photographs showing, representing or purporting to show any of the instrumentalities, locales, persons, property, and any and alt other matters related to the subject matter of this litigation. 2. All diagrams, sketches, drawings, plans, measurements or blueprints shoving, representing or purporting to show any of the instrumentalities, locales, persons, property, or other matter involved in the incident which form the basis of Plaintiffs Complaint or cause of action. 3. All statements, including but not restricted to those defined by Pa.R.C.P. 4003.5, signed statements, transcripts of recorded statements or interviews, or any memoranda or summary of transcripts of statements or interviews of any party, person or witness, or their agents or employees, who have any knowledge or information of the facts concerning or pertaining to the incident, the subject matter, the claims, the damages, or any other clatter involved in or pertaining to this case. 4. A curriculum vitae as to each expert or experts you have retained to testify on your behalf at the trial of this case. All documents prepared by you or by any insurer(s), representative(s), agent(s) or _ am ,one mina on your be1.3r..f except ? .Orrr u y attorney'15), A uui...:ui.. .. an iuVcS4iianu iii :,....ion u au 1' fang aS rn?ll.c a acting on aspect of incident in question. Such documents shall include any documents made or prepared through the present time with the exclusion of mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. (l`OTE: As referred to herein, "documents" includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, videos, films, microfilm, microfiche, contracts, agreements, notes, memoranda, summaries, analyses, projections, indices, work papers, studies, test reports, test results, surveys, diaries, calendars, films, photographs, videos, movies, diagrams, drawings, sketches, minutes of meetings or any other writing [including copies of the foregoing, regardless of Wo=r 1 whether the parties to whom this request is addressed is not in the possession, custody or control of the original] now in the possession, custody or control of Plaintiff, her former or present counsel, agents, employees, officers, insurers or anv other persons acting on their behalf.) 6. If not otherwise covered by the above Requests, any and all documents regarding your investigation of the incident in question, with the exclusion of the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. All documents relating in any way to all damages and losses sustained by Plaintiff. TI-As should include, but not be limited to medical records, reports, x-rays, etc. medical bills, invoices, receipts, and all other documents in any way relating to Plaintiffs alleged injuries. 8. Any release or other agreement between any person or entities given or obtained in regard to the subject incident. 9. Any and all documents evidencing or pertaining to any lien by any person or entity against potential recovery of damages by Plaintiff in this action. 10. All documents or exhibits which you intend to offer or identify as exh bits and/or evidence at any depositions or at the trial of this matter. 11. Any and all documents which evidence any facts on the basis of which it will be asserted that the Defendants caused or contributed to the happening of the injuries sustained by the Plaintiff. 12. Any documents identified in your Answers to any set of Interrogatories. 13. All documents which would support any claims for damages averred in Plaintiffs Complaint. 379u,Lr 14. Copies of all records and documents reflecting the payment of medical bills for Plaintiff and the amounts paid in satisfaction of such bills. Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP Y: Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Date: /1/20-5 Harrisburg, PA 17108-0999 (717) 237-7132 Attorney for Defendants -. I, Kevin C. McNamara, Esquire, of the law film Thomas, Thomas & Hafer LLP, certify that I have served a true and correct copy of the foregoing document on the following person(s) by placing same in the United States mail, postage prepaid, on the date set forth below: Richard M. Weiner, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Street, Suite 400 Conshohocken, PA 19428 THOMA , THOMAS & HAFER, LLP By: Kevin C. McNamara Date: IC?=?? 7 .?9051. i w 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 - day of M o,r c. (. 2006: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Travis Warlick Richard M. Wiener, Esquire VILLARI, BRANDIES & 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 THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire 415532-1 r,? } ? 'J 1 ' ? it r _? + > F`.7 ( ? J] _. -L 1 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, Plaintiff V. 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 day of 2001 upon consideration of the Defendant's Motion for Consolid tion, it is hereby ORDERED that the above-captioned matters are consolidated to Docket No. 05-1808 for purposes of discovery and trial. /cj BY THE OU h J. I 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, I TRAVIS WARLICK, Plaintiff IN THE COURT OF COMMON PLEAS OF 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 LOUIS JOHNSON, V. Plaintiff 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 and 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 4 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: CW)ef1awwvt? 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`t3lo 6 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 [Y day of mavc L"ti 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 THOMAS, THOMAS & HAFER, LLP By: I-- C VVI Y I q Ge. Kevin C. McNamara, Esquire 364090-1 Q ;: ?-., R- 7, VEG MAR 23 2-A V LOUIS JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED ih AND NOW, this 30 day of M orc,1n 2006, upon v. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant consideration of the Defendant's Motion to Compel, it is hereby ORDERED that the Plaintiff provide full, complete and verified answers to the Defendant's Interrogatories and a response to the Request for Production of Documents, without objections, within 3 0 days of the date of this Order. BY THE COURT: J. 6b, - .r LEWIS JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2935 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, Date: NEALON GOVER & PERRY By: »_L1_ Ca hore, Esquire I. D. PO, 85321 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 311 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 y G. Shore, Esquire _? _ ' ', ?> ?? -- a THOMAS, THOMAS 8 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, Plaintiff IN THE COURT O COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.05-1808 CIVIL A TION - LAW JURY TRI L DEMANDED V. CEDAR CLIFF INN, INC. separately d/b/a DANTE'S a/k/a GULLIF RESTAURANT & GULLIF DOWNSTAIRS, Defendant V. JAMES CLINTON RHOADS, Additional Defendant LOUIS JOHNSON, Plaintiff V. CEDAR CLIFF INN, INC. separately d/b/a DANTE'S a/k/a GULLIF RESTAURANT & GULLIF DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant NOTICE TO PLEAD TO: Plaintiff and Counsel: JURY You are hereby notified to plead to the enclosed New Matter service hereof or a default judgment may be entered against you. THO(M, TH( DATE: By: (a - Kevin C. N I. D.#7266f P.O. Box E (717)237- Attorneys for DE IN THE COURT CUMBERLAND( NO. CIVIL COMMON PLEAS OF NTY, PENNSYLVANIA )5-2935 NS -ION - LAW -DEMANDED twenty (20) days from `S?& HAFER, LLP 7 / 4 cwt-et- 4w- 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 7171237-7132 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 and d/b/a DANTE'S a/k/a GULLIFTY'S CIVIL A TION - LAW RESTAURANT & GULLIFTY'S DOWNSTAIRS, JURY TRI LDEMANDED Defendant v. JAMES CLINTON RHOADS, Additional Defendant LOUIS JOHNSON, I IN THE COURT OgCOMMON 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 AC ION - LAW DOWNSTAIRS, Defendants V. JURY TRIA 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 tha 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 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 he premises. 5. Admitted with qualification. It is admitted that Ceda Cliff Inn, Inc. had a liquor license that was in effect on June 21, 2003. Said license is necess ry for the selling of alcoholic beverages as part of the Defendant's business operations. 6. Admitted except the downstairs' portion of Gullifty' Restaurant is known as Gullifty's Underground. 7. Denied. This allegation represents a conclusion of I w to which no response is required. 8. Admitted in part and denied in part. It is admitted that eer was sold to Mr. Rhoads on June 21, 2003. The balance of the allegations are denied. 9. Denied as stated. Mr. Rhoads was served beer prior o leaving the premises via motor vehicle with his friends. 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 ontained in this paragraph and proof thereof is demanded. 11-12. Denied pursuant to Pa.R.C.P. 1029(e). 376315-1 2 COUNTI LOUIS JOHNSON vs. CEDAR CLIFF INN, C., Separately and d/b/a GULLIFTY'S RESTAU NT & GULLIFTrS DOWNSTAIRS (Neellicien ) 18. Answering Defendant hereby incorporates its answers to Paragraphs 1 through 13-17. Denied, After reasonable investigation, Answ ring Defendant is without knowledge or information sufficient to form a belief as to the truth the averments contained in this paragraph and proof thereof is demanded. 17 as if fully set forth herein. 19(a)-(e). Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant respectfully requests that Count I of Plaintiff's Complaint be dismissed without cost to it. COUNT II LOUIS JOHNSON vs. CEDAR CLIFF INN, l C., Separately and d/b/a GULLIFTY'S RESTAUR NT & GULLIFTY'S DOWNSTAIRS (Punitive Dam ges) 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 Plaintiff's 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/comparative) negligent in bringing about this incident and his recovery is barred and/or reduced by his own 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 Plaintiffs claims are or may be barred in whole pr in part by the doctrine of accord and satisfaction or by a release of claims. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed without cost to it. Respectfully s bmitted, THOMAS TH MAS & HAFER, LLP By: Kevin C. cNamara, Esquire 305 Northl Front Street P.O. Box 099 DATE: 376315-1 4 Harrisbur , PA 17108-0999 (717) 23? 7132 Attorneys or Defendant VERIFICATION 1, ?e rOkS Cn - A?lw? , 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 rear 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 retat authorities. DATE: 1571-1 representative of CEDAR INN, INC. and that I am the foregoing document and information and to unswom falsification to , INC. =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 _ day of 144nn 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, P. 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:l?'L Kevin C. 376315-1 5 a true and correct copy in the United States mail, LLP 3ra. Esauire (? t-_a ? ? -t'i C?. ? o? ' '. ;?P i' ? -n ?? f : ?? 4 ? ? ca ? ? y ?f'Y ? ?rn `?` =,? <. cat -., ;< I-, VILLARI, BRANDES & KLINE, P.C. BY: RICHARD M. WIENER, ESQUIRE Identification No. 68041 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorney for Plaintiff LOUIS JOHNSON, Plaintiff VS. 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 CIVIL ACTION - LAW NO. 05-2935 PLAINTIFF LOUIS JOHNSON'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Louis Johnson, by and through his undersigned counsel, hereby replies to Defendant's New Matter and avers as follows: 22-27. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff, Louis Johnson, respectfully requests that this Honorable Court deny and/or dismiss with prejudice Defendant's New Matter. KLINE, P.C. BY: D M. WIENER, ESQUIRE for Plaintiffs VILLARI, BRANDES & KLINE, P.C. EN: RICHARD M. WIENER, ESQUIRE Identification No. 68041 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorney for Plaintiff LOUIS JOHNSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff VS. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, CIVIL ACTION - LAW 140.05-2935 Defendant CERTIFICATE OF SERVICE I, Betsy M. Rolon, Paralegal to Richard M. Wiener, Esquire, counsel for Plaintiff, hereby certify that a true and correct copy of Plaintiff s Interrogatories and Plaintiff's Request for Production of Documents have been served upon counsel listed below by regular first class mail, postage paid, on this 21s` day of August 2006 Kevin McNamara, Esquire THOMAS, THOMAS & HAFER, LLP 305 N. Front Street 6s' Floor P.O. Box 999 Harrisburg, PA 1710k?Miener, ( Betsy Paralegal to RichaEsquire Attorney for Plaintiffs' s' ? - l - {V K 'I xOn q G: N .a c 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. LOUIS JOHNSON, 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. 05-2935 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: I. 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. No objection to the subpoenas have been made; 3. The subpoenas which will be served are identical to the sub which are attached to this certificate. // ,TH Date: I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Attorney for Defendant LOUIS JOHNSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CEDAR CLIFF INN, INC. separately an d/b/a DANTE'S a/k/a GULLIFTY' RESTAURANT & GULLIFTY' DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hershey Medical Center, P.O. Box 850, Hershey, PA 17033 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 operative reports reports ambulance trip sheets, Life Lion records physical therapy records laboratory results treatment notes diagnostic studies writings, correspondence etc for treatment rendered on behalf of Louis Johnson; d/o/b: 12/24/77. 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 THIS COURT: DATE: Seal of the Court Prothonotary/Clerk, Civi? Division i Deputy LOUIS JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA V. CEDAR CLIFF INN, INC. separately an d/b/a DANTE'S a/k/a GULLIFTY' RESTAURANT & GULLIFTY' DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Samuel Clayton, 3320 Ridgeway Road, Harrisburg, PA 17109 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 operative reports reports ambulance trip sheets, Life. Lion records physical therapy records laboratory results treatment notes, diagnostic studies, writings, correspondence etc for treatment rendered on behalf of Louis Johnson; d/o/b: 12/24/77. 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 1 7 1 08-0999 TELEPHONE: (717) 237-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY T E COURT: DATE: /1' llf'l' Zf Sea] of the C??ou t Prothonotary/Cl erk, t vil Division Deputy LOUIS JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA V. CEDAR CLIFF INN, INC. separately an d/b/a DANTE'S a/k/a GULLIFTY' RESTAURANT & GULLIFTY' DOWNSTAIRS, Defendants V. JAMES CLINTON RHOADS, Additional Defendant NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Allison Hill Family Practice, 1101 Market Street, Harrisburg, PA 17103 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 operative reports reports ambulance trip sheets Life Lion records physical therapy records laboratory results treatment notes diagnostic studies, writings, correspondence etc for treatment rendered on behalf of Louis Johnson; d/o/b__ 12/24/77. at: Thomas Thomas & Hafer LLP 305 N Front St P.O. Box 999, Harrisburg PA 1 7 1 08-0999. 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. 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 THE; COURT DATE: Seal of the Court Prothonotary/Clerk, Civ.'. Division (i 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 Jenni Henley Allen, Esquire NEALON & GOVER, P.C. 40 East Philadelphia Street York, PA 17401 Counsel for James Clinton Rhoads THOMAS, THOMAS & HAFER, LLP Kate A. Wilhelm, Paralegal Dated:/// d1r-7 77 . .,w s a 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, Plaintiff 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2935 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. No objection to the subpoenas have been made; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. THOMAS, THOMAS & R, LLP W. Darren Powell, Esquire I.D. Number: 68953 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7154 Date: q11 l?f' Attorney for Defendant TRAVIS WARLICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CEDAR CLIFF INN, INC. separately ar d/b/a DANTE'S a/k/a GULLIFTY' RESTAURANT & GULLIFTY' DOWNSTAIRS NO. 05-2935 CIVIL ACTION - LAW V. JAMES CLINTON RHOADS LOUIS JOHNSON V. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS V. JAMES CLINTON RHOADS JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Cedar Cliff High School, 1301 Carlisle Road, 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 conies of any and all academic records transcri,Qts school notes files and any and all other documents and records which pertain to Travis Warlick• d/o/b• 04/18/84 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 1 7 1 08-0999 TELEPHONE: (717) 23 7-7154 SUPREME COURT ID#: 68953 ATTORNEY FOR: Defendant BY THE COURT- DATE: Seal f th Court P thoppotary/Clerk, CLvil ivision Deputy TRAVIS WARLICK V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, V. JAMES CLINTON RHOADS LOUIS JOHNSON V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS V. JAMES CLINTON RHOADES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1808 CIVIL ACTION - LAW JURY TRIAL DEMANDED CONSOLIDATED ACTIONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commissioner, Jeffrey B. Miller Custodian of Records Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: the complete state police file regarding incident no 2003-06- 775: Date of accident: 06/21/03 involving James Rhoads Jason May Travis Warlick and Louis Johnson, including, but not limited to any and all reports witness statements intoxication reports, supplemental reports handwritten statements typed statements BAC results reconstruction reports photographs diagrams notes correspondence etc 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 T COURT: DATE: 4 Seal o the Court P otbonotary/Clerk Civi ivision Deputy TRAVIS WARLICK V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, V. JAMES CLINTON RHOADS LOUIS JOHNSON V. CEDAR CLIFF INN, INC. separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS V. JAMES CLINTON RHOADES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1808 CIVIL ACTION - LAW JURY TRIAL DEMANDED CONSOLIDATED ACTIONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hershey Medical Center, P.O. Box 850, Hershey, PA 17033 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, operative reports, reports, ambulance trip sheets, Life Lion records, physical therapy records, laboratory results, toxicology results, treatment notes, dia ostic studies, writing, correspondence, etc., for treatment rendered on behalf of James Clinton Rhoads; 09/21/80. 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 Y THE COURT: DATE: 91"Ica 14 P... 0 r.. Sea] f the Court 'P)71,ot?7o4in-ot'ary/Clerk,.CiN %j 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 Nicole Warner, Esquire NEALON & GOVER, P.C. 101 S. Duke Street York, PA 17401 Counsel for James Clinton Rhoads THO , THOMAS & HAFER, LLP Ka //?-- e A. Wilhelm, Paralegal Dated: ?/?/p 531460.1 n C r-a a= Q -n e: 'V lg- C!J 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, Plaintiff 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve subpoenas, identical to the nes that are attached to this Notice. You have twenty (20) days from the date list elow in which to file of record and serve upon the undersigned an objection to the bpoenas. If no objection is made, the subpoenas will be served. THOMAS, ;r)4OMQS &BAFER, -LP Date: 19L(7) , (( By: J O . GIURINTANO, ESQUIRE 0 ont Street, P.O. Box 999 arrisburg, PA 17108 (717) 237-7157 Attorney for Defendant Dante's Restaurant, Inc. CERTIFICATE OF SERVICE AND NOW, this 9 101 day of OWLrDUQ1,'- , 2007, I, Jessica M. Swedenhjelm, Paralegal of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Richard M. Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Sreet, Suite 400 Conshohocken, PA 19428 Jenni Henley Allen, Esquire Nealon & Gover, P.C. 40 East Philadelphia Street York, PA 17401 448349.5 ()MOOLMIUYAinhQ-? J sica M. Swedenhjelm, Paral gal 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, V. Defendant NO. 05-1808 CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES CLINTON RHOADS, Additional Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Verizon Wireless Customer Service Department P.O. Box 761, Bedminster, NJ 07921 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of the cell phone records regarding Donna L Rhoads 1812 Carlisle Road Camp Hill, PA 17011. 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 THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (-) - r-a Z C M C-) II 7 ;. qj? 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. NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 V. JAMES CLINTON RHOADS, Additional Defendant 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: I. 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. No objection to the subpoenas have been made; and 3. The subpoenas which will be served are attached to this certificate. THOMAS, the subpoenas which are & HAFER, LLP Offfiano, Esquire Front Street, P.O. Box 999 PA 17101 (717) 237-7157 Date: I Attorney for Defendant 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 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 V. JAMES CLINTON RHOADS, Additional Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record 0 Q _n -G a c? a,. G3 ? "o 'to? ^ -? -11 6 t?a Defendant intends to serve subpoenas, identical to the nes that are attached to this Notice. You have twenty (20) days from the date list elow in which to file of record and serve upon the undersigned an objection to the, ?bpoenas. If no objection is made, the subpoenas will be served. j THOMAS, T,FIOMQS &_tIAF-IRR; LLP Date: ; V By. NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED J ,SON . GIURINTANO, ESQUIRE 051 " ront Street, P.O. Box 999 Harrisburg, PA 17108 (717) 237-7157 Attorney for Defendant Dante's Restaurant, Inc. CERTIFICATE OF SERVICE AND NOW, this 2"l 1 day of U)N:t'flU C , 2007, I, Jessica M. Swedenhjelm, Paralegal of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Richard M. Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Sreet, Suite 400 Conshohocken, PA 19428 Jenni Henley Allen, Esquire Nealon & Gover, P.C. 40 East Philadelphia Street York, PA 17401 J sica M. Swedenhjelm, Paral gal 448349.5 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. 05-1809 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Verizon Wireless, Customer Service Department, P.O. Box 761, Bedminster, NJ 07921 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 cell phone records regarding Donna L. Rhoads, 1812 Carlisle Road, Camp Hill, PA 17011. 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 THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Jessica M. Swedenhjelm, 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 Nicole Warner, Esquire NEALON & GOVER, P.C. 101 S. Duke Street York, PA 17401 Counsel for James Clinton Rhoads THOMAS, THOMAS & HAFER, LLP (?Nlm? N NN"Mink'1A Jess a M. Swedenhjelm, Paraleg Dated: 531460.2 .- .,,n {?.; ?? .? c._.. --? ?:? ?..7 (.,,.7 - ?.; =. .- =-'- r ?: r t ?? :?;? e -L 4 TRAVIS WARLICK V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2935 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, Plaintiff 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 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendants intend to a serve revised subpoena upon the Pennsylvania State Police, identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objection is made, the subpoena will be served. Date: ) ) I og By: 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 Attorney for Defendant Dante's Restaurant, Inc. CERTIFICATE OF SERVICE AND NOW, this 101 day of February, 2008, I, Jessica M. Swedenhjelm, Paralegal of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Richard M. Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Sreet, Suite 400 Conshohocken, PA 19428 Nicole Warner, Esquire Nealon & Gover, P.C. 40 East Philadelphia Street York, PA 17401 r i ssica M. weden jelm, P alegal 565752.1 , . 1 TRAVIS WARLICK, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1808 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 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Verizon Wireless Customer Service Department P.O. Box 761, Bedminster, NJ 07921 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 cell phone records regarding Donna L. Rhoads 1812 Carlisle Road, Camp Hill PA 17011 from June of 2003 The current cell phone number is 717-497-9428. 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 THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy C') ? 0 n '? ?^ •?, ? ? Y ''??jjr; yyyy 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. NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 V. JAMES CLINTON RHOADS, Additional Defendant 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. All parties have agreed to waive the twenty (20) day waiting period in order to expedite this matter; and 3. The subpoenas which will be served are identical to the subpoenas which are attached to this certificate. O HOM LP W. Darren Powell, Esquire 305 North Front Street, P.O. Box 999 Harrisburg, PA 17101 (717) 237-7157 Date: QI (L, Attorney for Defendant CERTIFICATE OF SERVICE I, Jessica M. Swedenhjelm, 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 Nicole Warner, Esquire NEALON & GOVER, P.C. 101 S. Duke Street York, PA 17401 Counsel for James Clinton Rhoads THOMAS, THOMAS & HAFER, LLP A 01 1P Jes ca M. Swedenhjelm, Paralegal Dated: Q?IU 1 531460.3 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 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 V. JAMES CLINTON RHOADS, Additional Defendant NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDEQz 1,71 rn r Cn NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel for Plaintiff Defendants intend to a serve revised subpoena upon the Pennsylvania State Police, identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objections to the subpoena. If no objection is made, the subpoena will be served. Date: ? W O By: 305 N. Front Street, P.O. Box 999 Harrisburg, PA 17108 (717) 237-7154 Attorney for Defendant Dante's Restaurant, Inc. CERTIFICATE OF SERVICE I CA- AND NOW, this I u+ day of February, 2008, I, Jessica M. Swedenhjelm, Paralegal of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David H. Rosenberg, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Richard M. Wiener, Esquire VILLARI, BRANDES & KLINE, P.C. 8 Tower Bridge 161 Washington Sreet, Suite 400 Conshohocken, PA 19428 Nicole Warner, Esquire Nealon & Gover, P.C. 40 East Philadelphia Street York, PA 17401 ssicaFM. 565752.1 8weden6je6m, P ralegal 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 PURSUANT TO RULE 4009.22 TO: Custodian of Records Verizon Wireless Customer Service Department, P.O. Box 761, Bedminster, NJ 07921 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 cell phone records regarding Donna L. Rhoads 1812 Carlisle Road Camp Hill PA 17011 from June of 2003. The current cell phone number is 717-497-9428. 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 THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy ?, c-`, ? ?? ?` ? ? .-,-, ` -? ?. ; ?-; . fem .. -' 1 ;I=l ' ? .?"' Me .i. . 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 Attorneys 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 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 V. JAMES CLINTON RHOADS, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-1808 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-2935 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OP. 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, THOMAS, THOMAS & HAFER, LLP -' " --7-7 4Go.rdon A. Einhorn, Esquire I.D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 S a0 0% geinhorn@tthlaw.com Date: 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 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 geinhorn@tthlaw.com Date: -/vd? 594469.1 Gordon A. Einhorn, Esquire I.D. 59006 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhorn@tthlaw.com Attorneys 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 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 V. JAMES CLINTON RHOADS, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-1808 CIVIL ACTION - LAW JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-2935 ? CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAgapt w SETTLE, DtSCOPMNUE AND END VILLARI, BRANDES & KLINE, P.C. BY: RICHARD M. WIENER, ESQUIRE Identification No. 68041 8 Tower Bridge, Suite 400 161 Washington Street Conshohocken, PA 19428 (610) 729-2900 Attorney for Plaintiff LOUIS JOHNSON Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. CEDAR CLIFF INN, INC., separately and d/b/a DANTE'S a/k/a GULLIFTY'S RESTAURANT & GULLIFTY'S DOWNSTAIRS, Defendant vs. JAMES CLINTON RHOADS Additional Defendant CIVIL ACTION - LAW NO. 05-2935 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended. ES & KLINE, P.C. -. ?1;VllV1, 1-;O%Juuc for Plaintiff a 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 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 THOMAS, THOMAS & HAFER, LLP r on A. Einhom, Esquire .D. No. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom@tthlaw.com Date: 31 1'10 7 679466.1 ? ?? c_-? V `-^? "77 ?,j'?`t ' ` T? ?? ? f'"' ?.° _ F.:. .. ? i. ?? ? 1 _