Loading...
HomeMy WebLinkAbout05-3728 F:\User FolderlFirm Docs\Ge~s2()()5\3676-1writ,sumrnons, wpd 116-<'1.. ~ .f~.' Depu Date: i,!;;.:J.j05./' By~ ( ) Check here if reverse is issued for additional informa&!n. ~ ~ Prothonotary YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAlNTIFFS HAVE COMMENCED AN ACTION AGAlNST YOU. TO THE ABOVE NAMED DEFENDANT: WRIT O~SUMMONS KNIGHT & ASSOCIATES, P.c. //~ - . ,_~ff ^"'" rf. (<........,jlA.1 Gregory ir. Knight, Esquire I Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Date: ? 2-- j ~2ct> S Writ of Summons shall be issued and forwarded to ( ) Attorney m Sheriff Please issue writ of summons in the above-captioned action. TO THE PROTHONOTARY OF SAID COURT: I'AAECIPE FOR WRIT OF SUMMONS Defendant HOLIDAY lNN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania CNIL ACTION - LAW v. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIC SMITH and KYLE SMITH : No. 05-' J 1).. <{ 6r1 J.llAI'<-' is; "'"c: t>~, .5 .,;:;.- 0.l ('-..I c'-' , :::'~ ~ 'i0 t;;::;.:.:J c-' 1 yo k "---;" :::) -..../ ~ ~ 8, ~ ~ V) ~J.fl: Q ~ ,."J \;. ~ --9 ~ -- \,J~ KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 05-3728 CIVLI ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant, Holiday Inn Harrisburg West the above-captioned matter. Defendant, Holiday Inn Harrisburg West by and through their undersigned attorneys hereby demand a trial by jury in the above matter. DATE: ~I ~I 0\ By: NE M. MANERO ESQUIRE Attorneys for Defendant, Holiday Inn Harrisburg West ... " PO" r--.:> c:~. c:,:~,' ..." C) -n , .[-- ....,.:.~I " r:? '-co r"'-,) KENT & McBRIDE, P.C. BY: ANNE M. MANERO, ESQUIRE IDENTIFICATION NO.57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 05,.3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff to file a Complaint within 20 days hereof or suffer the entry of a Judgment of Non Pros, KENT & McBRIDE, P.C. k,~ RULE TO FILE COMPLAINT AND NOW, this~Day of {JU9 ,2005, a Rule is hereby granted upon Plaintiff to file a Complaint herein within 20 days after serviice hereof or suffer the entry of a Judgment of Non Pros. ~ 1 CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon all counsel of record via United States first-class mail, postage prepaid on the date specified below. Gregory H. Knight, Esquire 11 Roadway Drive, Suite 13 Carlisle, PA 17013 KENT & McBRI[)E, P .C. ~~-- JO N F. KENT, ESQUIRE NE M. MANERO, ESQUIRE ~ttorneys for Defendant, Holiday Inn Harrisburg West B Dated: ~ po" r ....' c., c5 cr> r~ G) o -n :rl.-n rl1F -p rr: "or, l~ "1 ::~-~C) -,.:, -,-, ")j,~ p :~ !'., \.P ~~: 9 Cl ... F.\User FolderlFilTn Docs\Gendocs2005\3676-1complaillLwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION. LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 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 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 ajudgment 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 ALA WYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (7] 7) 249-3166 KNIGHT & ASSOCIATES, P.C. 6~ N. (G)<~ Gregory H. Knight, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania] 7013 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant COMPLAINT AND NOW, this g --day of ~~5, come the Plaintiffs, Erik Smith and Kyle Smith, by and through their counsel, Gregory H. Knight, Esquire and Knight & Associates, P.C., to file the following Complaint, in support of which the following statements are made: I. Plaintiff Erik Smith is an adult citizen of the Commonwealth of Pennsylvania, residing at 301 So. Oldstone House Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff Kyle Smith, the younger brother of Plaintiff Erik Smith, is now an adult citizen ofthe Commonwealth of Pennsylvania and is currently serving in the United States Army and stationed in Fort Hood, Texas though his official residence is 208 Wertz Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Holiday Inn Harrisburg West is a Pennsylvania business corporation with offices and commercial operations located at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On June 13,2004, at approximately 1 :30 a.m., the Plaintiffs and several other friends entered the parking lot ofthe Defendant's commercial establishment in five different vehicles. 5. The Plaintiffs and their friends were business invitees ofthe Defendant and all arrived within several minutes of each other. 6. Before any of the business invitees, including the Plaintiffs, got out oftheir vehicles to cross the parking lot to the Defendant's commercial operation, which was open for business, security employees of the Defendant ran across the parking lot and demanded that all leave immediately. 7. When questioned by one of the Plaintiffs' friends, the security employees swore at the Plaintiffs and their friends and again demanded that they leave immediately. 8. When the Plaintiffs and their friends started to leave, one of the security employees threw a piece of fruit into the vehicle driven by Plaintiff Erik Smith. 9. The piece of fruit thrown by the security employee bounced off ofthe inside of the vehicle and onto Plaintiff Erik Smith. 10. Plaintiff Erik Smith, who was in the process ofleaving, stopped his vehicle, put it in neutral, stepped out of the vehicle, threw the piece of fruit at the same security employee who had thrown it into the truck, got back into his vehicle, and started across the parking lot. 11. The security employee who threw the fruit, ran towards the vehicle driven by Plaintiff Erik Smith, reached into the vehicle, grabbed the steering wheel while the vehicle was moving, and then spit on Plaintiff Erik Smith. 12. Plaintiff Erik Smith stopped his vehicle and attempted to get out. 13. As soon as he opened the vehicle door, Plaintiff Erik Smith was tackled by at least two security employees, slammed into his vehicle, and then wrestled to the ground. 14. Plaintiff Kyle Smith, who was a minor on June 13, 2004, and the other business invitees, who were all in their vehicles and in the process of leaving, also stopped their vehicles. 15. Plaintiff Kyle Smith, who was a passenger in a vehicle driven by Ian Smith, another one of his brothers, got out of the vehicle to assist his brother who was then on the ground and being struck repeatedly by security employees. 16. Before Plaintiff Kyle Smith reached his brother a security employee jumped him from behind and wrestled him to the ground. 17. The remaining business invitees left the premises, went to the parking lot of an adjoining commercial establishment, and called 911. 18. Corporal Schissler of the Hampden Township Police Department responded to the emergency call and arrived at the scene within minutes. 19. When he arrived, Plaintiff Erik Smith and Ian Smith were inside the Holiday Inn and Plaintiff Erik Smith was handcuffed and being interrogated. 20. Corporal Schissler ordered the security employees to remove the handcuffs from Plaintiff Erik Smith, after questioning both Plaintiffs, the Corporal called for an ambulance. 21. Both Plaintiffs were bleeding and both were taken to the emergency room ofthe Holy Spirit Hospital where they received medical treatment and were later released. 22. None of the security employees received any medical treatment. 23. Following an investigation Corporal Schissler filed disorderly conduct charges against one of the security employees and a similar charge against Plaintiff Erik Smith. 24. Following a hearing on the two criminal citations, Magisterial District Judge Placey found the security employee guilty of a violation of a township ordinance and dismissed the citation against Plaintiff Erik Smith following his completion of fifteen hours of community service. COUNT I - ERIK SMITH v. HOLIDAY INN HARRISBURG WEST 25. Paragraphs 1 through 24 above are incorporated herein by reference. 26. Plaintiff Erik Smith was a business invitee of Defendant Holiday Inn Harrisburg West. 27. As a business invitee Plaintiff Erik Smith was lawfully on the Defendant's property and Defendant was required to provide competent security employees who were to perform their duties in a competent and non-negligent manner. 28. Plaintiff Erik Smith was injured due to the negligent performance of duties by one or more security employees of the Defendant. 29. Plaintiff Erik Smith suffered damages for lmpaid medical bills, pain and suffering, damage to his vehicle, and wage loss, the total ofwhich exceeds the compulsory arbitration limit for Cumberland County. WHEREFORE, Plaintiff Erik Smith requests judgment against the Defendant with costs with counsel fees, costs, and such other relief as the Court deems appropriate. COUNT II - KYLE SMITH v. HOLIDAY INN HARRISBURG WEST 30. Paragraphs 1 through 29 above are incorporated herein by reference. 31. Plaintiff Kyle Smith was a business invitee of Defendant Holiday Inn Harrisburg West. 32. As a business invitee Plaintiff Kyle Smith was lawfully on the Defendant's property and Defendant was required to provide competent security employees who were to perform their duties in a competent and non-negligent manner. 33. Plaintiff Kyle Smith was injured due to the negligent performance of duties by one or more security employees of the Defendant. 34. Plaintiff Kyle Smith suffered damages for unpaid medical bills, pain and suffering, and wage loss, the total of which exceeds the compulsory arbitration limit for Cumberland County. WHEREFORE, PlaintiffK yle Smith requests judgment against the Defendant with costs with counsel fees, costs, and such other relief as the Court deems appropriate. Respectfully Submitted: ~GHT &ASH'CI~~.~ Gnght, Esquire Attorney I.D. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW . HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. , 0;;b; J-6'o' <; !.Mlvt~~~" Erik Smith ---=-=----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant VERIFICATION I verifY that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statem nts herein are made subject /\ \ to the penalties of 18 Pa. C. S. Section 4904, relating to unswom1falsi cation to authorities. ! / D", ,/,/) 5 Smitli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant CERTIFICATE OF SERVICE I hereby certify that I am this rlfJ.' day of>-tlP~~005, causing a copy ofthe Complaint to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: John F. Kent, Esquire Anne M. Manero, Esquire 1617 John F. Kennedy Boulevard, Suite 1200 Philadelphia, Pennsylvania 19103 Attorneys for Defendant KNIGHT & ASSOCIATES, p,c. C~ "\ (1. \C~U-- Gregory H. Knight, Esquire Attorney I.D. No. 30622 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs t.n \_- () ;..:n -:? e;", , cP --,'" " \~~ - KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West ERIC SMITH AND KYLE SMITH Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. HOLIDAY INN HARRISBURG WEST Defendant NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT. HOLIDAY INN HARRISBURG WEST Defendant, Holiday Inn Harrisburg West, by and through its attorneys, Kent & McBride, P.C. hereby file the following Preliminary Objections to Plaintiffs' Complaint: 1. Plaintiffs filed a Complaint on September 8, 2005. (See Complaint attached hereto, made a part hereof and marked as Exhibit "A".) 2. The Complaint contained unspecified allegations of negligence and, therefore, is insufficient. 3. A Complaint which does not contain sufficient specificity should be disrnissed. Pa. R.C.P. 1028(a)(3). 4. Further, the Plaintiffs' Complaint failed to allege sufficient facts to prove a claim of negligence and, therefore, the Complaint should be dismissed as legally insufficient. Pa. R.CP. 1028(a)(4). WHEREFORE, it is respectfully submitted that an Order should be entered sustaining the Preliminary Objections and dismissing Plaintiffs' Complaint. BY: HN F. KENT, ESQUIRE NNE M. MANERO ESQUIRE Attorneys for Defendant, Holiday Inn Harrisburg West F:\User FoldcrlFinn Docs\Gendocs200SIJ676.1complaint.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 , Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 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 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 ajudgmentmay 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 HA VEALA WYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 l'RUE COpy FROM RECORD 1 n T estlmony whereof, I here unto sat my hIM and the ~I of said c; 1\1 Cai1iSle. ~'. / Thi~ '~ day 01 ~~~. ~~ ~. ... ( ,M i. ~ ..,) .. I Prothon NOTlCIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona" Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier queja 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TlENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VA Y A EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES, P.C. 6~ f,{, (G)'4-' Gregory H. Knight, Esquire Attorney LD. No. 30622 I I Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION- LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant COMPLAINT AND NOW, this ~day of ~~5, come the Plaintiffs, Erik Smith and Kyle Smith, by and through their counsel, Gregory H. Knight, Esquire and Knight & Associates, P.C., to file the following Complaint, in support of which the following statements are made: 1. Plaintiff Erik Smith is an adult citizen of the Commonwealth of Pennsylvania, residing at 301 So. Oldstone House Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Plaintiff Kyle Smith, the younger brother of Plaintiff Erik Smith, is now an adult citizen of the Commonwealth of Pennsylvania and is currently serving in the United States Army and stationed in Fort Hood, Texas though his official residence is 208 Wertz Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Holiday Inn Harrisburg West is a Pennsylvania business corporation with offices and commercial operations located at 5401 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. On June 13, 2004, at approximately I :30 a.m., the Plaintiffs and several other friends entered the parking lot of the Defendant's commercial establishment in five different vehicles. 5. The Plaintiffs and their friends were business invitees ofthe Defendant and all arrived within several minutes of each other. 6. Before any ofthe business invitees, including the Plaintiffs, got out oftheir vehicles to cross the parking lot to the Defendant's commercial operation, which was open for business, security employees of the Defendant ran across the parking lot and demanded that all leave immediately. 7. When questioned by one of the Plaintiffs' friends, the security employees swore at the Plaintiffs and their friends and again demanded that they leave immediately. 8. When the Plaintiffs and their friends started to leave, one of the security employees threw a piece of fruit into the vehicle driven by Plaintiff Erik Smith. 9. The piece of fruit thrown by the security employee bounced off ofthe inside of the vehicle and onto Plaintiff Erik Smith. 10. Plaintiff Erik Smith, who was in the process ofleaving, stopped his vehicle, put it in neutral, stepped out of the vehicle, threw the piece of fruit at the same security employee who had thrown it into the truck, got back into his vehicle, and started across the parking lot. 11. The security employee who threw the fruit, ran towards the vehicle driven byPlaintiff Erik Smith, reached into the vehicle, grabbed the steering wheel while the vehicle was moving, and then spit on Plaintiff Erik Smith. 12. Plaintiff Erik Smith stopped his vehicle and attempted to get out. 13. As soon as he opened the vehicle door, Plaintiff Erik Smith was tackled by at least two security employees, slammed into his vehicle, and then wrestled to the ground. 14. Plaintiff Kyle Smith, who was a minor on June 13, 2004, and the other business invitees, who were all in their vehicles and in the process ofleaving, also stopped their vehicles. 15. Plaintiff Kyle Smith, who was a passenger in a vehicle driven by Ian Smith, another one of his brothers, got out of the vehicle to assist his brother who was then on the ground and being struck repeatedly by security employees. 16. Before Plaintiff Kyle Smith reached his brother a security employeejumped him from behind and wrestled him to the ground.' 17. The remaining business invitees left the premises, went to the parking lot of an adjoining commercial establislunent, and called 911. 18. Corporal Schissler of the Hampden Township Police Department responded to the emergency call and arrived at the scene within minutes. 19. When he arrived, Plaintiff Erik Smith and Ian Smith were inside the Holiday Inn and Plaintiff Erik Smith was handcuffed and being interrogated. 20. Corporal Schissler ordered the security employees to remove the handcuffs from Plaintiff Erik Smith, after questioning both Plaintiffs, the Corporal called for an ambulance. 21. Both Plaintiffs were bleeding and both were taken to the emergency room ofthe Holy Spirit Hospital where they received medical treatment and were later released. 22. None ofthe security employees received any medical treatment. 23. Following an investigation Corporal Schissler filed disorderly conduct charges against one of the security employees and a similar charge against Plaintiff Erik Smith. 24. Following a hearing on the two criminal citations, Magisterial District Judge Placey found the security employee guilty of a violation of a township ordinance and dismissed the citation against Plaintiff Erik Smith following his completion of fifteen hours of community service. COUNT I - ERIK SMITH v. HOLIDAY INN HARRISBURG WEST 25. Paragraphs 1 through 24 above are incorporated herein by reference. 26. Plaintiff Erik Smith was a business invitee of Defendant Holiday Inn Harrisburg West. 27. As a business invitee Plaintiff Erik Smith was lawfully on the Defendant's property and Defendant was required to provide competent security employees who 'Yere to perform their duties in a competent and non-negligent manner. 28. Plaintiff Erik Smith was injured due to the negligent performance of duties by one or more security employees of the Defendant. 29. Plaintiff Erik Smith suffered damages for unpaid medical bills, pain and suffering, damage to his vehicle, and wage loss, the total of which exceeds the compulsory arbitration limit for Cumberland County. WHEREFORE, Plaintiff Erik Smith requests judgment against the Defendant with costs with counsel fees, costs, and such other relief as the Court deems appropriate. COUNT II - KYLE SMITH v. HOLIDAY INN HARRISBURG WEST 30. Paragraphs 1 through 29 above are incorporated herein by reference. 31. Plaintiff Kyle Smith was a business invitee of Defendant Holiday Inn Harrisburg West. 32. As a business invitee Plaintiff Kyle Smith was lawfully on the Defendant's property and Defendant was required to provide competent security employees who were to perform their duties in a competent and non-negligent manner. 33. Plaintiff Kyle Smith was injured due to the negligent performance of duties by one or more security employees of the Defendant. 34. Plaintiff Kyle Smith suffered damages for unpaid medical bills, pain and suffering, and wage loss, the total of which exceeds the compulsory arbitration limit for Cumberland County. WHEREFORE, Plaintiff Kyle Smith requests judgment against the Defendant with costs with counsel fees, costs, and such other relief as the Court deems appropriate. Respectfully Submitted:" ~GHT&ASN~P~'~ G~ight, Esquire Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs ,. v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 540 I Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. " qJ;b;;LW<; ~f~ Erik Smith ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statem nts herein are made subj ect .'\ to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn Yalsi cation to authorities. ! D~, V'/V) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050 Defendant CERTIFICATE OF SERVICE I hereby certify that! am this 81J1.. day ofS'".t\P ~~005, causing a copy of the Complaint to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: John F. Kent, Esquire Anne M. Manero, Esquire 1617 John F. Kennedy Boulevard, Suite 1200 Philadelphia, Pennsylvania 19103 Attorneys fur Derendant KNIGHT & ASSOCIATES, P.C. 6' NJ "'l (1. \C~ u---- Gregory H. Knight, Esquire Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs VERIFICATION I, Anne M. Manero, Esquire, hereby state that I am the attorney for Defendant, Holiday Inn Harrisburg West, that I am authorized to make this Verifiction on their behalf, and that the facts set forth in the foregoing are true and correct to the best of my knowledge, inforrnation and belief. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to q,u1hori ies. ! ! L l )/lc~ CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that on this date, a true and correct copy of the Defendant's Preliminary Objections was served upon all counsel and/or parties by first class mail, postage prepaid: Gregory H. Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 Date: 9 / )gl OJ-- ! BY JO N F. KENT, ESQUIRE A NE M. MANERO, ESQUIRE Attorneys for Defendant Holiday Inn Harrisburg West C) c ,...) ~:-, z'.;:~ (,.... ~ - - " o --r, .-< -,- r,;Q i-;-, Ci , C) r",) 0') :? ., tj~~ ;':-\ :D .< C) r',) OJ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant No. NO.: 05-3728 CIVIL ACTION - LAW 1. State matter to be argued (Le. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminarv Obiections 2. Identify counsel who will argue cases: (a) for Plaintiff: GreQorv H. Knight. Esquire. 11 Roadwav Drive. Suite B. Carlisle. PA 17013 (Name and Address) (b) for Defendant: Anne M. Manero. Esquire. Kent & McBride. 1617 John F. Kennedv Blvd. Suite 1200. Philadelphia. PA 19103 (Name and Address) 3. I will notify all parties in writing within two days that this case had been listed for argument. I aQree and have served the ArQument Praecipe on Plaintiff via First Class Mail on 9/23/05 4. Argument Court Date: November 23 2005 ~ Anne M" Manero. Esquire Print your name Date: 1!o?jjor Holidav Inn HarrisburQ West Attorney for Defendant KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West ERIC SMITH AND KYLE SMITH Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. HOLIDAY INN HARRISBURG WEST Defendant NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that on this date, a true and correct copy of the Argument Praecipe was served upon all counsel and/or parties by first class mail, postage prepaid: Gregory H. Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 KENT & McBRIDE, P.C. B ~ /J HN F. KENT, ESQUIRE NNE M. MANERO, ESQUIRE Attorneys for Defendant Holiday Inn Harrisburg West Date: ~ 1 LJ JoJ ( .-' ~0 u' 07. ~S I"-~ cr-. q\ ~~-T'i_ r~1c: I"~ ~"f10 ~\ I \ r~{5~,~ ;;~~f.' ~~ C-.--? \,.'. -' 'T" >~.~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-03728 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH ERIC ET AL VS HOLIDAY INN HARRISBURG WEST GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLIDAY INN HARRISBURG WEST the DEFENDANT , at 1555:00 HOURS, on the 25th day of July at 5401 CARLISLE PIKE , 2005 MECHANICSBURG, PA 17055 by handing to NEVIN FUNK, GENERAL MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 10.40 .37 10.00 .00 38.77 ~~~~~ R. Thomas Kline . 07/26/2005 KNIGHT & ASSOCIATES Sworn and Subscribed to before me this 1?-r7I day of BY~lJ~~~ Deputy She ' f 3. Eric Smith and Kyle Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Holiday Inn Harrisburg West : NO. 05-3728 CIVIL TERM ORDER OF COURT AND NOW, November 30, 2005, by agreement of counsel, the above-captioned matter is continued from the November 23, 2005 Argument Court list. Counsel is directed to relist the case when ready. ~ George E. Hoffer, PJ. , Gregory H. Knight, Esquire I For the Plaintiff J Anne M. Manero, Esquire For the Defendant j) -)-0). ~ >~ yb" Court Administrator lkd ,'-'> U -" ., " n(' 1..";'.' .> .:--:HL :\0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (1) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2005 MCS on behalf of /5 / /tZ.~ h;t:bnp./I..f;r' ANNE MANERO, ESQ. Attorney for DEFENDANT DEl1-59693705346-LOJ.. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the s~bpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to NCS or by contacting our local MCS office. DATE: 11/08/2005 NCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 OS346-COl >>> LOCATION LIST ccc PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICSBURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL <HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS DE02-317071 OS346-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERlKSMlTH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MECHANICSBl IRa F AMIL Y PRACTICE (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at The MCS Groun Ine 1601 Market Street Suite 800 Philadelnhia PA 19]03 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: ADDRESS: ANNE MANERO. ESO. 1617 J.F.K. BLVD SUITE 1200 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Deputy Date: NOV 2 8 ?nfl~ Seal of the Court 05346-01 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DA TE: 11 / 2 8 / 2 0 0 5 MCS on behalf of Is I 4~ ff7,P,frlLY ANNE MANERO, ESQ. Attorney for DEFENDANT DEl1-596938 05346 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS - CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCB DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULB 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 05346-COl LOCATION NAME MECHANICSBURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT >>> LOCATION LIST c<< PAGE: 1 RECORDS REQUESTED MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) OTHER PRESCRIFTION/PHARMACEUTICAL RECORDS DE02-317071 OS346-COl COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A TT ACHED RIDER .... at The MCS Groun Ine 1601 Market Street Suite ROO Philadelnhia PA 19103 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: ADDRESS: ANNE MANERO. ESO. 1617 J.F.K. BLVD SUITE 1200 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division NOV ? 8 7nn'i Deputy Date: Seal of the Court 05346-02 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire hospital' medical billing file including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SU10-590568 05346-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2005 MCS on behalf of /.5/ ~?Vn:V lrla'l1.L/Iff' ANNE MANERO, ESQ. Attorney for DEFENDANT DEl1-596939 05346-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the s~bpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET U800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 05346 -CO 1 >>> LOCATION LIST c<c PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICSBURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(Sl MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS DE02-317071 05346 -CO 1 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Graun Inc 1601 Market Street Suite 800 Fhilade]nhi. FA 19]03 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: ADDRESS: ANNE MANERO. ESO. ]617 U.K. BLVD SUITE 1200 PHILADELPHIA.PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: NUV 2 8 Z005 Deputy Seal of the Court 05346-03 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL 503 NORTH 21ST STREET CAMP HILL, PA 17011 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all x-ray films and reports, including any and al'] such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUIO-590570 05346-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05 - 372 B HOLIDAY INN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2005 MCS on behalf of /s/ ~ fJ(.c-:n/.'l.c- ANNE MANERO, ESQ. Attorney for DEFENDANT DEl1-596940 OS346-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the s~bpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO. ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 05346-COl >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICS BURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(Sl OTHER PRESCRIFTION/PHARMACEUTICAL RECORDS DE02-317071 OS346-COl COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HAMPDEN AMBULANCE SERVICE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE A TT ACHED RIDER **** at The MCS Groun Ine 1601 Market Street Suite 800 Philadelnhia PA 19103 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: ADDRESS: ANNE MANERO. ESO. 1617 JF.K. BLVD SUITE 1200 PHILADELPHIA PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: NOV 2 8 2005 Deputy Seal of the Court 05346-04 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HAMPDEN AMBULANCE SERVICE 230 SPORTING HILL ROAD MECHANICSBURG, PA 17055 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ANY AND ALL RECORDS, CONTROL #0400884 Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-~7-5667 Date of Birth: 11-04-1983 SU10-590572 05346-L04 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that . (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2005 MCS on behalf of /$/ ~ >>Ja,~A<Y ANNE MANERO, ESQ. Attorney for DEFENDANT DEll-596941 05346 -LO 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CAS E NO: 0 5 - 3 728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the s~hpoena may be served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO. ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-317071 05346 -CO 1 >>> LOCATION LIST <c< PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICSBURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) OTHER PRESCRIFTION/PHARMACEUTICAL RECORDS OE02-317071 OS346-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERlK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for QUANTUM IMAGING (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RlDER **** at The MCS Graun Inc ]601 Market Street Suite 800 Philadelnhia PA 19103 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: ADDRESS: ANNE MANERO" ESO. 1617 J.F.K. BLVD SUITE 1200 PHILADELPHIA PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: NOV 2 8 Z005 Deputy Seal of the Court 05346-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: QUANTUM IMAGING 503 N. 21 ST STREET CAMP HILL, PA 17011 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x. ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUlO-590574 05346-L05 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-372B HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice'of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 11/28/2005 MCS on behalf of /s! Ltycrvz..- 7J?~ ANNE MANERO, ESQ. Attorney for DEFENDANT DEl1-596942 05346 -LO 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05 - 3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the s~bpoena may be served. complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office" DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202 -57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 05346-COl >>> LOCATION LIST <c< PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICS BURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S} OTHER PRESCRIPTION/PHARMACEUTICAL RECORDS DE02-317071 05346-COl COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CHART ONE (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Groun Ine 1601 Market Street Suite 800 Philadelnhia PA 19103 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: ADDRESS: ANNE MANERO" ESO. 1617 IF.K. BLVD SlnTE 1200 PHILADELPHIA PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: NOV 2 8 2005 Deputy Seal of the Court 05346.06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CHART ONE P.O. BOX 970 SAN JOSE, CA 95106 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for aJ] other providers. ANY AND ALL RECORDS Subject: ERIK SMITH 301 OLD STONE HO~SE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SU10-590576 05346-L06 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 11/28/2005 MCS on behalf of /5/4/7'VrLP/ J??cvr7.Pi.<Y ANNE MANERO, ESQ. Attorney for DEFENDANT DEll-596943 05346 -L 07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations] TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena" If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/08/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-317071 0 5346 - CO 1 >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED MECHANICSBURG FAMILY PRACTICE HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HAMPDEN AMBULANCE SERVICE QUANTUM IMAGING CHART ONE GIANT FOODS LLC LEGAL DEPT MEDICAL, BILLING, AND X-RAY(S) MEDICAL RECORDS & HOSPITAL BILL X-RAY ONLY OTHER MEDICAL, BILLING, AND X-RAY(S) OTHER PRESCRIFTION/PHARMACEUTICAL RECORDS DE02-317071 OS346-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIK SMITH File No. 05-3728 Ys. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for GIANT FOODS LLC LEGAL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at TheMCSGrouo Ine 1601 Market Street Suite 800 Philadelohia PA 19103 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: ANNE MANERO" ESO. 1617 UK BLVD SUITE 1200 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: BY THE COURT: Prothonotary/Clerk, Civil Division Date: NOV 2 8 2005 Deputy Seal of the Court 05346-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GIANT FOODS LLC LEGAL DEPT 1149 HARRISBURG PIKE CARLISLE, PA 17013 RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. ALL PHARMACY RECORDS FROM STORE LOCATED AT 6560 CARLISLE PIKE, MECHANICSBURG, PA. 17050 Please call for prior approval for fees in excess of $100.00 for hospitals, $~O. 00 for all other providers. Entire prescription and/or pharmaceutical file, including but not limited to any and all records, reports, correspondence, memoranda, complete history and payment records, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUIO-590578 OS346-L07 ("",\ r""', , '::-,;\ I r-,) '- PRAECIPE FOR LISTING CASE FOR ARGUMENT DEe !J ~ LOOJ /y1lf , (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant No. NO.: 05-3728 CIVIL ACTION - LAW 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminarv Obiections 2. Identify counsel who will argue cases: (a) for Plaintiff: GreQorv H. KniQht. Esquire. 11 Roadwav Drive. Suite B. Carlisle. PA 17013 (Name and Address) (b) for Defendant: Anne M. Manero. Esquire. Kent & McBride. 1617 John F. Kennedv Blvd. Suite 1200. Philadelphia. PA 19103 (Name and Address) 3. I will notify all parties in writing within two days that this case had been listed for argument. I aQree and have served the ArQument Praecipe on Plaintiff via First Class Mail on 11/30/05 4. Argument Court Date: Januar 11 2005 ~- Si nature Anne M. Manero. Esquire Print your name Holidav Inn HarrisburQ West Attorney for Defendant Date: /I! 3D!'; r- , KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that on this date, a true and correct copy of the Argument Praecipe was served upon all counsel and/or parties by first class mail, postage prepaid: Gregory H. Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 Date: 1113D/J(- KENT & / BY ~~ RIDE, P.C. -~ JO F. KENT, ESQUIRE A NE M. MANERO, ESQUIRE Attorneys for Defendant Holiday Inn Harrisburg West ,0<' C;.? \~.J ',' CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (11 A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/05/2005 (tJ ~~~~~~cr ANNE MANERO, ESQ. Attorney for DEFENDANT DEll-598254 05346 - L 08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SYSCO FORDS BLUE BEACON LIBERTY EXCAVATING BAMPTON TWP POLICE DEPARTMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT OTHER TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. 'If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/15/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1~01 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 24~-0900 DE02-317~~8 OS346-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for SYSCO FORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ***" SEE ATTACHED RIDER .... at TheMCSGro\1l) Inc 1601 Market Street Suite 800 Philadelphia FA ]9103 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: ANNE MANERO. ESO. 1617 JF K BLVD SUITE 1200 PHILADEl.PHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant NAME: ADDRESS: DEe 0 5 2005 Date: A)DI.~. 'it ;}..I':JC>S Deputy Seal of the Court 05346-08 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: SYSCO FORDS HARRISBURG, PA RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUI0-59173805346-L08 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/05/2005 ~~n behalf YM~r~ /,K~~/~ / . , NNE MANERO, ESQ. Attorney for DEFENDANT DEll-598255 05346 - L 09 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CAS E NO: 0 5 - 3 72 8 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SYSCO FORDS BLUE BEACON LIBERTY EXCAVATING HAMPTON TWP POLICE DEPARTMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT OTHER TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena. 'If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/15/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246..0900 DE02-317668 05346 - CO 1 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for BLUE BEACON (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 160] Market Street Suite 800 Philadelphia PA 19103 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 compel1ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ANNE MANERO. ESO. 1617 JF.K BLVD SUITE 1200 PHILADELPHIA PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: A TTORNEY FOR: Defendant NAME: ADDRESS: on DEe 0 5 2005 A~v. ^It :206S Deputy Date: Seal of the Court 05346-09 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: BLUE BEACON HARRISBURG, PA RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers" Any and all employment records, applications, files, memoranda, compenSation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUIO-591740 05346-L09 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a cOPy-of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/05/2005 A~PS on behal~~ r /y/~, ESQ. Attorney for DEFENDANT DEl1-598256 05346-LlO COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT CF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SYSCO FORDS BLUE BEACON LIBERTY EXCAVATING HAMPTON TWP POLICE DEPARTMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT OTHER TO: GREGORY KNIGHT, ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO, ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena.:lf the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 11/15/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 -0900 DE02-31766805346-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05-3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for LIBERTY EXCA VA TING (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the foJlowing documents or things: **** SEE A TT ACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelnhia PA 19103 You may deliver or nraillegible copies of the documents or produce things requested by this subpoenff, 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 compeJling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: ANNE MANERO. ESO. 1617 TFK BLVD SUITE 1200 PHILADELPHlA.PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant n DEe 0 5 2005 ,jl)(){). -^1 d ~) I Deputy Date: Seal of the Court 05346.10 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LIBERTY EXCA V A TING CAMP HILL, PA RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100"00 for hospitals, $50.00 for all other providers. Please call for prior approval for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Any and all employment records, applications, files, memoranda, compensation, time and attendance records, personnel records, payroll and salary reports and all medical records as an employee, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject: ERIK SMITH 301 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SU10-591742 05346 -Ll 0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, CUMBERLAND -VS- CASE NO: 05-3728 HOLIDAY INN As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of ANNE MANERO, ESQ. certifies that (I) A notice of intent to serve the subpoena'with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 12/05/2005 ~);~$~;'~/ /7MfNE MANERO, ESQ. ~ Attorney for DEFENDANT DEll-59825705346-Lll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS ERIK SMITH TERM, -VS- CASE NO: 05-3728 HOLIDAY INN NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 SYSCO FORDS BLUE BEACON LIBERTY EXCAVATING HAMPTON TWP POLICE DEPARTMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT OTHER TO: GREGORY KNIGHT. ESQ., PLAINTIFF COUNSEL MCS on behalf of ANNE MANERO. ESQ. intends to serve a subpoena identical to the one that is 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 an objection to the subpoena.)f the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office" DATE: 11/15/2005 MCS on behalf of ANNE MANERO, ESQ. Attorney for DEFENDANT CC: ANNE MANERO, ESQ. - 202-57890 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246 .0900 DE02-317668 05346 - CO 1 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ERIK SMITH FileNo. 05.3728 vs. HOLIDAY INN SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HAMPTON TWP POLICE DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE A IT ACHED RIDER *... at The MCS Group Ine 1601 Market Street Suite 800 Philadelphia PA 19103 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: ANNE MANERO. ESO. 16l7JF.K BLVD SUITE 1200 PHILADELPHIA. PA 19103 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant NAME: ADDRESS: Date: DEe 0 Ii 2005 ;(')0(-'- 7 :J. nbS' - \ IOn Deputy Seal of the Court 05346-11 EXPLANA nON OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HAMPTON TWP POLICE DEPARTMENT RE: 5346 ERIK SMITH Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. POLICE REPORTS Subject: ERIK SMITH 30.1 OLD STONE HOUSE RD. S, HARRISBURG, PA Social Security #: 564-77-5667 Date of Birth: 11-04-1983 SUlO-591744 05346 -Lll !'"~, /----- \ '. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant No. NO.: 05-3728 CIVIL ACTION - LAW 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminarv Obiections 2. Identify counsel who will argue cases: (a) for Plaintiff: GreQorv H. KniQht. Esquire. 11 Roadwav Drive. Suite B. Carlisle. PA 17013 (Name and Address) (b) for Defendant: Anne M. Manero. Esquire. Kent & McBride. 1617 John F. Kennedv Blvd. Suite 1200. Philadelphia. PA 19103 (Name and Address) 3. I will notify all parties in writing within two days that this case had been listed for argument. I aQree and have served the ArQument Praecipe on Plaintiff via First Class Mail on Januarv 4. 2006 4. Argument Court Date: Februa 15 2006 /JI~~______/_/.- Anne M. Manero. Esquire Print your name Date: 1/#( ()(p Holidav Inn HarrisburQ West Attorney for Defendant . KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West ERIC SMITH AND KYLE SMITH Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. HOLIDAY INN HARRISBURG WEST Defendant NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that on this date, a true and correct copy of the Argument Praecipe was served upon all counsel and/or parties by first class mail, postage prepaid: Gregory H. Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 KENT & McBRIDE, P.C. L~ Date: f 1<( 10 (P J HN F. KENT, ESQUIRE NNE M. MANERO, ESQUIRE Attorneys for Defendant Holiday Inn Harrisburg West , v) .r:- r<) 'i..~-::' KENT & McBRIDE, P.C. BY: ANNE M. MANERO, ESQUIRE IDENTIFICATION NO.57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW ORAL ARGUMENT FOR PRELIMINARY OBJECTIONS ON JANUARY 11. 2005 AND RELlST FOR FEBRUARY 15. 2005 TO THE PROTHONOTARY: Kindly withdraw the Praecipe for Listing Case for Oral Argument listed for January 11, 2006 and relist for February 15, 2006. A r1L--- N F. KENT, ESQUIRE NE M. MANERO, ESQUIRE Attorneys for Defendant, Holiday Inn Harrisburg West \;:-,' --- .-.\ ~-1-. ;.'n i'""') f"'~' - .... PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant No. NO.: 05-3728 CIVIL ACTION - LAW 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant's demurrer to complaint, etc.): Defendant's Preliminarv Obiections 2. Identify counsel who will argue cases: (a) for Plaintiff: Greqory H. Kniqht. Esquire. 11 Roadwav Drive. Suite B, Carlisle. PA 17013 (Name and Address) (b) for Defendant: Anne M. Manero. Esquire. Kent & McBride. 1617 John F. Kennedy Blvd. Suite 1200, Philadelphia. PA 19103 (Name and Address) 3. I will notify all parties in writing within two days that this case had been listed for argument. I aqree and have served the Arqument Praecipe on Plaintiff via First Class Mail on Februarv 8. 2006 4. Argument Court Date: March 29. 2006 9~;~ ~-- Signature_ Anne M. Manero. Esquire Print your name Date: 7- (~( O~ \ Holiday Inn Harrisburq West Attorney for Defendant - KENT & McBRIDE, P.C. BY: ANNE M. MANERO, ESQUIRE IDENTIFICATION NO.57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ERIC SMITH AND KYLE SMITH Plaintiffs v. HOLIDAY INN HARRISBURG WEST Defendant ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW ORAL ARGUMENT FOR PRELIMINARY OBJECTIONS ON JANUARY 11. 2005 AND RELlST FOR MARCH 29. 2005 TO THE PROTHONOTARY: Kindly withdraw the Praecipe for Listing Case for Oral Argument listed for February 15, 2006 and relist for March 29, 2006. RIDE, P.C. ~.~ By JOHN . KENT, ESQUIRE AN M. MANERO, ESQUIRE Attorneys for Defendant, Holiday Inn Harrisburg West - KENT & McBRIDE, P.C. BY: JOHN F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE IDENTIFICATION NO. 26726/57447 1617 JOHN F. KENNEDY BLVD. SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 568-1800 FILE NO. 202-57890 ATTORNEY FOR DEFENDANT, Holiday Inn Harrisburg West ERIC SMITH AND KYLE SMITH Plaintiffs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. HOLIDAY INN HARRISBURG WEST Defendant NO.: 05-3728 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Anne M. Manero, Esquire, hereby certify that on this date, a true and correct copy of the Argument Praecipe was served upon all counsel and/or parties by first class mail, postage prepaid: Gregory H. Knight, Esquire 11 Roadway Drive, Suite B Carlisle, PA 17013 c RIDE. P.C. Date: ~ q/D ~ BY J F. KENT, ESQUIRE ANNE M. MANERO, ESQUIRE Attorneys for Defendant Holiday Inn Harrisburg West ~ c , :-_1 .-q i-;"'; 1':';'_,) () '--,1 .-1 -'\- :-n CJ C,) 1"-,"'1 c;:J 1 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050, JOSEPH MARSHALL and ANDREW MARSHALL, Defendants PRAECIPE TO SETTLE AND DISCONTINUE. WITH PREJUDICE To the Prothonotary: Please mark the above captioned action settled and discontinued, with prejudice. KNIGHT & ASSOCIATES, P.C. ..- Date: April~, 2006 6'Jigh~i~ ~. Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs ~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIK SMITH and KYLE SMITH No. 05-3728 Plaintiffs v. CIVIL ACTION - LAW HOLIDAY INN HARRISBURG WEST 5401 Carlisle Pike Mechanicsburg, Pennsylvania 17050, JOSEPH MARSHALL and ANDREW MARSHALL, Defendants CERTIFICATE OF SERVICE fir I hereby certify that I am this ~ day of April, 2006, causing a copy of the Praecipe to Settle and Discontinue With Prejudice to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: Anne M. Manero, Esquire 1617 John F. Kennedy Boulevard, Suite 1200 Philadelphia, Pennsylvania 19103 Attorneys for Defendant KNIGHT & ASSOCIATES, P.c. ~~~gh!ttM~1 ~ Attorney LD. No. 30622 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiffs F-IUser Folder\Firm DocsIGendocs200613676-1praecipeseuk wpd c i'" ,:.:~ c:;