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HomeMy WebLinkAbout05-4727»r "uiY ?'c MARY F. RINALDI LACKAAY'ANNA (10( N IY QJIRIC 01ICDICIAI. Ri%coiu)s 200 NORIII W.ASIIIAC; IOY AX'I!NCI'. $CILUYUA Pr_AAMJ A 1AIA 18503 CIv11.0111('1(570) 963-6723 • Cuurr(()] U(I I 0\s(570) 963-6359 August 24, 2005 Curt Long Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 n!" -/'/7c Z7 CRUn\?I. 0rr1(1. (570) 913-6759 IN RE: JOHN STONE and MARY ANN STONE, His Wife, Plaintiffs, vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants 05 CV 592 Dear Mr. Long: We are transferring the above captioned action to your county in accordance with Order of Court dated July 28, 2005, of Robert A. Mazzoni, Judge and Praecipe To Transfer filed by Attorney Christopher T. Powell, Jr. on August 23, 2005. The above Order was inadvertently sent to our file room and made a part of the record and the case is not being sent until this date in error. We regret any inconvenience this may have caused. Please acknowledge receipt of the file by entering your number below and returning it to us. Sincerely, Mary F. Rinaldi Clerk of Judicial Records DATE FILED 09495508242005 Lackaw na County Clerk/Judicial R-ords PYS510 Civil Case Print Page 1 2005-00592 STONE JOHN & MARY ANN (vs) RADISSON PENN HARRIS HOTEL Reference No..: Case Type.....: NGL/PI PERSONAL INJURY Filed........: 2/09/2005 Time.........: 3:20 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Disposed Desc.: Jury Trial.... -- ------ Case Comments ____ Disposed Date. 0/00/0000 --------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info STONE JOHN PLAINTIFF POWELL CHRISTOPHER T JR RR 5 BOX 5318 MOSCOW PA 18444 STONE MARY ANN PLAINTIFF POWELL CHRI RR 5 BOX 5318 ?T JR MOSCOW PA 18444 RADISSON PENN HARRIS HOTEL & DEFENDANT SNYDER ROBIN bU CONVENTION CENTER US RTE 11 & 15 EFORD RD ..r Q CAMP HILL PA 17011 ¢ Z 1 PENN LODGE PARTNERS DEFENDANT SNYDER ROBIN N US RTE 11 & 15 EFORD RD CAMP HILL PA 17011 HOC HOSPITALITY MANAGEMENT DEFENDANT SNYDER ROBIN CORP 115 0 LLJ 1150 CAMP HILL BYPASS CAMP HILL PA 17011 w ************************************************************** * Date Entries ** ******************************************************************************** - - - - - FIRST ENTRY _ _ _ _ _ _ I?210912005 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION FILED 003 Image page(s) exist(s) for this entry ------------------------------------------------------------------- a 3/10/2005 SHERIFF'S RETURN: OF WRIT OF SUMMONS DATED 2-18-05 UPON RADISSON PENN HARRI CTY S HOTEL & CONVENTION CENTER BY THE SHERIFF OF CUMBERLAND ALSO, FILED SHERIFF'S RETURN OF SER. OF WRIT OF SUMMONS DATED 2-18-05 UPON PENN LODGE PARTNERS BY THE SHERIFF OF CUMBERLAND CTY ALSO, FILED SHERIFF'S RETURN OF SER. OF WRIT OF SUMMONS DATED 2-18-05 UPON HMC HOSPITALITY MANAGEMENT CORP BY THE SHERIFF OF CUMBERLAND CTY ? - - - - - - - - - - - - - - - 003 Image page(s) exist(s) for this entry - -- - - - - - 3/30/2005 ENTRY OF APPEARANCE --- - OF ROBIN --- - B. SNYDER, ESQ. FOR DEFTS_AND_ CERT. OF SERVICE OF SAME BY MAIL. - - - - - - - - - - - - - - - 003 Image page(s) exist(s) for this entry ----------------- ---------- 4 4/06/2005 PRAECIPE FOR RULE-TO-FILE COMPLAINT AND RULE TO-FILE- O FILE COMPLAINT - & CERT. OF SERVICE OF SAME BY MAIL. 003 Image page(s) exist(s) for this entry j 4/26/2005 COMPLAINT FILED-BY-CHRISTOPHER T. POWELL, JR., ESQ. 013 Image page(s) exist(s) for this entry (p 5/12/2005 PRELIMINARY OBJECTIONS OF DEF'S FILED B -- ----- -- ------- ---- Y ROBIN B. SNYDER, ESQ. ALSO, FILED CERT. OF SER. OF SAME BY MAIL. 009 Image page(s) exist(s) for this entry 5/12/2005 PRAECIPE FOR ASSIGNMENT FILED BY ROBIN B. SNYDER, ES Q. 4• (SENT TO ? 002 Image page(s) exist(s) for this entry ----------------- ---------------- 7 29/2005 STIPULATION AMOUNG PARTIES FILED. -- ALSO, - FILED _ ORDER _ DATED _ 7-28-05. BY THE COURT: MAZZONI, J. NOTIFIED 7-29-05 003 Image page(s) exist(s) for this entry 1??i G} ,F9 /may W V fr e co I CAM) 09495508242005 Lackaw: na County PYS510 Clerk/Judicial p ords Civil Case Print Page 2 2005-610592 STONE JOHN & MARY ANN (vs) RADISSON PENN HARRIS HOTEL Reference No..: Case Type.....: NGL/PI PERSONAL INJURY Filed........: 2/09/2005 Time.........: 3:20 Judgment...... .00 Judge Assigned: Execution Date 0/00/0000 Disposed Desc.: Jury Trial... ------------ Case Comments His osed Date. 0/00/0000 ? Hig er Crt 1.: Higher Crt 2.: q 8/23/2005 PRAECIPE TO TRANSFER ABOVE REFERENCED MATTER TO COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN ACCORDANCE WITH ORDER OF COURT DATED JULY 29, 2005 (BY CHRISTOHER T. POWELL, JR., ESQ.) 8/24/2005 FILE TRANSFERRED TO PROTHONOTARY OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN ACCORDANCE WITH ORDER OF COURT DATED JULY 29, 2005 OF ROBERT A. MAZZONI, JUDGE BY CERTIFIED MAIL - RECEIPT # 7099 3220 0004 7300 3689 - - - - - - - - - LAST ENTRY - - - _ * * Fees & Debits Escrow Information ********Debi***************Be *B*a****Pymts/Ad4******E*d*Ba*******************r WRIT OF SUMMONS 94.25 WRIT SUMMONS WR 50 94.25 .00 PAP 5.00 .00 .00 JCS/ATJ 10.00 10.00 •00 ------------------------ 00 109.75 109.75 .00 ------------ * End of Case Information C6,istor6e? T. Powell, Ir., Esquire #28369 D TTORNEY I . . A POWELL LAW 527 Li.,de.. Steen SC'..JOa Yem.rylvn.ilu 18503 (570) 961-0777 ATTORNEY FOR PLAINTIFFS OHN STONE and : IN THE COURT OF COMMON PLEAS J MARY ANN STONE, His Wife, OF LACKAWANNA COUNTY Plaintiffs : CIVIL ACTION- LAW JURY TRIAL DEMANDED VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTERPENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, -?70 ; t/??? -? Defendants 05 -CV-592 ` PRAECIPE TO TRANSFER TO THE PROTHONOTARY: Kindly transfer the above reference matter from the Court of Common Pleas of Lackawanna County to the Court of Common Pleas of Cumberland County per the attached Order dated July 29, 2005. POWELL LAW T. 6 /)Well' Jr., Esquire F #.: 28369 S OR PLAINTIFFS JOHN STONE and MARY ANN STONE, his wife, Plaintiffs VS. RADISS'ON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants day of , 05, upon Stipulation of the AND NOW this `?. parties, venue is hereby transferred from leas of Lackawanna County to ssociated with the transfer are to the Court of Common Pleas of Cumb of Civil Procedure. The transfer be paid by Plaintiffs in accordance wi s from the date of this Order. of venue shall be perfected, with all c IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 ER 20 the Court of Common P erland County. All costs a th the Pennsylvania Rules osts paid, within thirty day BY THE COURT: Robe? A. azzom, Judge r=; Z JOHN STONE and MARY ANN STONE, his wife, Plaintiffs VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED A ?? NO: 05-CIVIL-592 VRe ER AND NOW this V?5day of 2005, upon Stipulation of the parties, venue is hereby transferred from the Court of Common Pleas of Lackawanna County to the Court of Common Pleas of Cumberland County. All costs associated with the transfer are to be paid by Plaintiffs in accordance with the Pennsylvania Rules of Civil Procedure. The transfer of venue shall be perfected, with all costs paid, within thirty days from the date of this Order. BY THE COURT: Robert A. azzoni, Judge \10_A\L1AB\3AMLLPG\584032\RYA\1 3131 \00107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Benjamin A. Nicolosi, Esquire Attorney ID. #69551 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, vs. Plaintiffs S) RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED; NO: 05-CIVIJESQ2 STIPULATION AMONG PARTIES AND NOW come the parties to the above-captioned matter, by and through their respective counsel, and agree as follows: Plaintiffs filed a Complaint on April 26, 2005 in the Court of Common Pleas of Lackawanna County alleging injuries from a slip and fall which occurred on February 11, 2003. The evidence indicates that the fall occurred in Cumberland County, Pennsylvania. 3. The evidence further indicates that the appropriate Defendant is within the jurisdiction and can be served in Cumberland County. 4. The parties hereby stipulate to the voluntary transfer of venue from the Court of Common Pleas of Lackawanna County to the Court of Common Pleas of Cumberland County, costs to be paid by Plaintiffs. 5. The parties further agree that the transfer of venue be perfected within 30-days from the date of the Court Order transferring venue. POWELL LAW FIRM BY cnn p 1. Yow r., Esquire 52 den St. Scranton, PA 18503 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN . Nicolosi, Jr., Esq : 69551 *ranton,PA l c, Y Avenue, Suite 400 18510 (570) 496-4606 U-1 \10_A\LIAB\BAN\LLPG\571470\L.XY\13131 \00107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants t?AR`( F. lALD? i 2005 I'M Aft? 12 3: 4 0 Ci_f rdi OF JUOI i?,_ RECOii05 JOHN STONE and MARY ANN STONE, his ; IN THE COURT OF COMMON PLEAS wife, VS. Plaintiffs RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 PRAECIPE FOR ASSIGNMENT All parties have agreed to submit this matter on briefs Without the necessity of oral argument )LX Please schedule this matter for Oral Argument. TO: Lackawanna County Court Administrator Kindly be advised that Marshall, Dennehey, Warner, Coleman & Goggin, has filed Preliminary Objections, in the above-captioned matter. Attorneys for Plaintiffs: Christopher T. Powell, Jr., Esquire Powell Law 527 Linden St. Scranton, PA 18503 (570) 961-0777 Attorneys for Defendant: Robin B. Snyder, Esquire Benjamin A. Nicolosi, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 401 Adams Avenue, Suite 400 Scranton, PA 18510 (570) 496-4600 DATE: j(?S- ,, DENNEHEY, WARNER, & GOGGIN ? • ? II IA.l9/?/P) Snyder, Esquire A. Nicolosi, Esquire 4 ATTAC q 0 JOHN STONE and MARY ANN STONE, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 ORDER AND NOW this day of upon Preliminary Objections of Defendants, said Preliminary Objections are sustained. Venue is transferred from this Court to the Court of Common Pleas of Cumberland County, Pennsylvania. All costs associated with transfer are to be paid by Plaintiffs and transfer is to be accomplished within thirty (30) days from the date hereof. Failure of Plaintiffs to perfect transfer by paying costs of same within this time frame will result in an automatic dismissal of Plaintiffs' Complaint with prejudice. BY THE COURT: ?, ram„ n .c ? U V10 AALIABABANVLLPGA571470ALXYV13131A00107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiffs VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants n;?y c RNALU; uui AY 12 P 3: 40 i?tCC?iDc, IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 (_. l NOTICE TO PLEAD TO: Plaintiffs, John and Mary Ann Stone C/o Christopher T. Powell, Jr., Esquire Powell Law 527 Linden St. Scranton, PA 18503 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Snyder, Esquire) I. #: 71562 Benj n A. Nicolosi, Esquire Atty. I.D. #: 69551 \10 A\LIAB\BAN\LLPG\571470\LXY\13131\00107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiffs vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants INV,, 5 i1?Y l Z P 3: 40 ,; f?F ,;0004i;L i2?`'GRDS IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 PRELIMINARY OBJECTIONS OF DEFENDANTS AND NOW COME the above-named Defendants, by and through their counsel, the law firm of Marshall, Dennehey, Warner, Coleman & Goggin and pursuant to Pa. R.C.P. 1028(a)(1) and 2179 file the following Preliminary Objections: 1. Plaintiffs filed a Complaint on April 26, 2005 contending Defendants were negligent in the maintenance of an outside sidewalk on February 11, 2003. 2. Specifically, Plaintiff, John Stone, alleges that he slipped on ice on the sidewalk at the Radisson Penn Harris Hotel and Convention Center located at U.S. Route 11 and 15, Efford Road, Camp Hill, Cumberland County, Pennsylvania. 3. According to Plaintiffs' Complaint, the Radisson Penn Hams Hotel and Convention Center is a "business entity" doing business within the Commonwealth of Pennsylvania and specifically at the Camp Hill address in Cumberland County. (See Complaint at para. 3). 4. Plaintiffs further allege that Defendant, Penn Lodge Partners, L.P., d/b/a Radisson Penn Harris Hotel and Convention Center, is a "Limited Partnership" also conducting business at the Camp Hill address in Cumberland County. (See Plaintiffs' Complaint at para. 4). 5. Finally, Plaintiffs allege that Defendant, HMC Hospitality Management Corporation is in fact a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and that it, collectively with the other two Defendants, owned and possessed the hotel at the Camp Hill, Cumberland County address. However, HMC Hospitality Management Corporation does not own the Radisson Penn Harris Hotel, nor is it a corporation organized in the Commonwealth of Pennsylvania. HMC Hospitality Management Corporation is a Texas-based corporation. 6. Plaintiffs reside in Lackawanna County, Pennsylvania. The incident, according to the Complaint, occurred in Camp Hill, Cumberland County, Pennsylvania. 7. For purposes of venue regarding corporations or similar entities, Pa. R.C.P. 2179 requires that an action against a corporation or similar entity may be brought in and only in "the county where its registered office or principal place of business is located; a county where it regularly conducts business; the county where the cause of action arose; a county where a transaction or occurrence took place out of which the cause of action arose." A "corporation or similar entity" is defined in Pa. R.C.P. 2176 as "any public, quasi-public or private corporation.. limited liability company, ... or any other association which is regarded as an entity distinct from the members composing the association ... ." 8. In the instant matter, Defendants are subject to jurisdiction in Cumerbland County, Pennsylvania. That is where their principal place of business is located within the Commonwealth of Pennsylvania and it is also the County in which Defendants regularly conduct business and where the cause of action arose. Defendants do not regularly conduct or transact business within Lackawanna County. Therefore, Defendants respectfully request this case be transferred to Cumberland County, the County with proper venue. This request is made in compliance with Pa. R.C.P. 1028(a)(1), 1006(e) and 2179(a). In accordance with the Pennsylvania Rules of Civil Procedure, the cost of transfer to Cumberland County are to be paid by Plaintiffs. 9. See Affidavit of William Sullivan, Executive Vice President and Chief Financial Officer of Hospitality Management Corporation, supporting transfer of venue from Lackawanna County to Cumberland County, Pa. WHEREFORE, Defendants respectfully request this Honorable Court transfer venue of this case from Lackawanna County to Cumberland County and that the costs of such transfer be borne by Plaintiffs. MARSHALL, DENNEHEY, WARNER, COLFAMAN & GOGGIN BY: bm . Snyder, Esqui t . I. . #: 71562 Benjamin A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 (570) 496-4606 Attorney for Defendants VERIFICATION William Sullivan being duly sworn according to law deposes and says that he is Executive Vice President - CFO of Hospitality Management Corporation and that he is authorized to make this verification on behalf of Defendants and that the facts set forth in the foregoing Preliminary objections are true and correct to the best of his knowledge, information, and belief. This verification is subject to 18 Pa.C.S. §4904 which provides for certain penalties for making fal DATE: \10_A\LIAB\BAN\LLPG\571498\LXY\13131\00107 William Sullivan VIO AALIABABANVLLPGA571518\LXY\13131A00107 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants CIVIL ACTION -LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 AFFIDAVIT IN SUPPORT OF PRELIMINARY OBJECTIONS 1. I, William Sullivan, am Executive Vice President and Chief Financial Officer of Hospitality Management Corporation. 2. Hospitality Management Corporation is the parent company which wholly owns HMC Hospitality Operating Company. 3. HMC Hospitality Operating Company operates the Radisson Penn Harris Hotel and Convention Center where the alleged incident occurred. 4. Penn Lodge/Radisson Penn Harris Hotel and Convention Center is the only hotel which Hospitality Management Corporation and Hospitality Operating Company operate in Pennsylvania. This hotel is located in Camp Hill, Cumberland County. 5. Hospitality Management Corporation, Hospitality Operating Company and Radisson Penn Harris Hotel and Convention Center do not regularly conduct or transact business within Lackawanna County. 6. The Defendants, collectively, do not regularly solicit b ? ess/vithin Lackawanna County. William Sullivan Sworn to and subscribed before me this y day of MAY 2005. KN--? E UNDERWOOD OM MISSION EXPIRES SepMMbn 11.2006 NOT Y PUBLIC CERTIFICATE OF SERVICE I hereby certify that I have served upon all persons listed below a true and correct copy of Defendant's Preliminary Objections in the above-captioned matter on this date by regular mail, postage prepaid, as follows: Christopher T. Powell, Jr., Esquire Powell Law 527 Linden St. Scranton, PA 18503 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: I' (G," l P. I I l 1 cv/- DATED: S y. I. 71562 Benjam A. Nicolosi, Esquire Atty. I.D. #: 69551 401 Adams Avenue, Suite 400 Scranton, PA 18510 (570) 496-4606 Attorney for Defendants c C-hristopher T. Powell, Jr., Esquire ATTORNEY I.D. #28369 S CAN POWELL LAW 527 Linden Street Scranton, Pennsylvania 18503 (570) 961-0777 ATTORNEY FOR PLAINTIFFS JOHN STONE and MARY ANN STONE, His Wife, IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY Plaintiffs VS. : CIVIL ACTION- LAW : JURY TRIAL DEMANDED RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and '?' 7-11 n m o n IV O 6 f ? (0 =? ?- HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants COMPLAINT 05 -CV-592 NOW COME the Plaintiffs, JOHN STONE and MARY ANN STONE, his wife, by their attorneys, POWELL LAW, 527 Linden Street, Scranton, Pennsylvania 18503 and bring this action against the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS L.P., d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, upon the causes of action whereof the following is a statement: 1. Plaintiff, JOHN STONE, is an adult individual who resides at RR #5. Box 5318,Moscow, Lackawanna County, Pennsylvania 18444. 2. Plaintiff, MARY ANN STONE, is an adult individual who resides at RR #5, Box 5318, Moscow, Lackawanna County, Pennsylvania 18444. 3. Defendant, RADISSON, PENN HARRIS HOTEL and CONVENTION CENTER, is a business entity, doing business in the Commonwealth of Pennsylvania, with a place of business at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 4. Defendant, PENN LODGE PARTNERS, L.P., d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, is a Limited Partnership, d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, doing business in the Commonwealth of Pennsylvania with a mailing address of US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 5. Defendant, HMC HOSPITALITY MANAGEMENT CORPORATION, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a mailing address of 1150 Camp Hill Bypass, Camp Hill, Cumberland County, Pennsylvania 17011. 6. At all times material hereto and for some time prior thereto, the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L. P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, were and still are the owners and/or possessors of a hotel and convention center located at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 7. At all times material herein and for some time prior thereto, the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER and HMC HOSPITALITY MANAGEMENT CORPORATION, by and through their agents, servants, workmen or employees, had under their control, the supervision and maintenance of said premises located at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 8. On or about the 1 ph day of February, 2003, the Plaintiff, JOHN STONE, was lawfully on the above-described premises of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, for the purposes of staying as a guest overnight, and upon exiting a common doorway and upon the outside sidewalk area of the hotel, he was caused to slip, fall and be thrown to the ground striking his back by reason of a patch of ice existing on said premises and as Plaintiff attempted to get back up he slipped and fell forward, striking his face off of the sidewalk then and there, thereby causing the Plaintiff to sustain severe and permanent injuries as hereinafter more particularly described. 9. The Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P., d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION, as the owners of the above-described premises, by and through their agents, servants, workmen or employees, had a duty to keep and maintain the premises in a reasonable, safe condition and free from hazards for public travel thereon. 10. At all times material hereto, the Plaintiff, JOHN STONE, was a business invitee. CAUSE OF ACTION FIRST COUNT John 'S'tone, Plaintiff vs. Radisson Penn Harris Hotel and Convention Center, Penn Lodge Partners, L.P., d/b/a Radisson Penn Harris Hotel and Convention Center, and HMC Hospitality Management Corporation, Defendants 11. Plaintiff, JOHN STONE, incorporates by reference, the allegations contained in Paragraphs One (1) through Ten (10), inclusive, as fully as though the same were heresetforth at length. 12. At the time of the aforementioned incident, the carelessness and negligence of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, by and through their agents, servants, workmen or employees, consisted of the following: a) The Defendants, did on the above-mentioned date and for some time prior thereto, carelessly and negligently allow and permit a patch of ice to exist on the area of the sidewalk and/or walkway area of the above-described premises, and/or permit an otherwise defective condition to remain on the premises located at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania; b) The Defendants were negligent in maintaining and supervising the condition to remain on the premises located at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania; C) The Defendants should have given notice to the general public, more particularly, the Plaintiff, JOHN STONE, of the existence of the patch of ice on the above mentioned premises, and/or otherwise defective condition of the above-mentioned premises, prior to the happening of said accident; d) The Defendants were negligent in failing to correct the defective condition of the ahove descrihed premises located at US Route 11 & 15 Eford Road, Camp Hill, Cumberland County, Pennsylvania; e) The Defendants were negligent in failing to place barricades in the area of the ice patch on the sidewalk and/or waltz area of the ahove-descrihed premises and/or the area of the otherwise dangerous condition on the above described premises, so that the general public and more particularly, the Plaintiff, JOHN STONE, would not be able to waltz in that area; f) The Defendants were negligent in failing to clear accumulated ice from the sidewalk and/or walkway area; g) The Defendants were negligent in failing to apply a melting or cindering agent to the patch of ice on the sidewalk and/or walkway; h) The Defendants failed to adequately direct water run-off from gutters and down spouts; i) The Defendants were negligent in failing to repair the gutters and down spouts; j) Defendants did, on the above-mentioned date and for sometime prior thereto, create a defective and dangerous condition by allowing water to flow from rain gutters and down spouts onto the sidewalk and/or walkway which thereafter, froze, turning to ice, of which, condition the Defendants had, or should of had due and proper notice; and, k) The Defendants otherwise failed to exercise due care under the circumstances. 13. All of the above-mentioned negligence and condition existed for a time prior to the incident which occurred on the 11°' day of February, 2003. 14. The Plaintiff, JOHN STONE, was a business invitee of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, and was never warned, upon entering, of the dangerous condition which existed on the sidewalk area of the premises owned and/or possessed by the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, located at US Route, 11&15 Eford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 15. Plaintiff, JOHN STONE, avers that prior to this occurrence, he had no notice or knowledge of the existence of said patch of ice on the above-described premises and /or the otherwise defective condition on the above described premises, which constituted a dangerous condition, a public nuisance, and made it dangerous to travel upon the above-mentioned premises. 16. Defendants had actual or constructive knowledge of the existence of the ice patch and the otherwise defective condition of the above described premises in a sufficient time prior to the Plaintiff's accident to provide appropriate maintenance and to correct said defects. 17. As a result of the aforementioned negligence of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, the Plaintiff, JOHN STONE, sustained severe and permanent injuries, including, but not limited to injuries to his lumbar and cervical spine, left hip, right arm, injuries to his head, face and left eye, along with severe headaches, coupled with severe and permanent 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 mental anguish and physical pain as a result of which he has suffered, yet suffers and will continue to suffer in the future, since these injuries are permanent in nature. 18. As a result of the aforementioned negligence of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, the Plaintiff, JOHN STONE, has been compelled to pay, layout and expend various sums of money for medicine and medical attention, in an effort to treat and cure himself of his injuries and will be obligated to maize similar expenditures for an indefinite period of time in the future, since these are permanent in nature. 19. By reason of the aforementioned negligence of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, the Plaintiff, JOHN STONE, has been unable to follow his usual occupation and has thereby lost the emoluments which would have accrued from said employment and will continue to lose the same in the future, since these are permanent in nature. WHEREFORE, the Plaintiff, JOHN STONE, claims damages from the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, in an amount upon the First Count of the foregoing Cause of Action, in excess of Thirty Thousand (30,000.00) Dollars. CAUSE OF ACTION SECOND COUNT Mary Ann Stone, Plaintiff, vs. Radisson Penn Harris Hotel and Convention Center, Penn Lodge Partners, L.P., d/h/a Radisson Penn Harris Hotel and Convention Center, and HMC Hospitality Management Corporation. Defendants (LOSS OF CONSORTIUM) 20. Plaintiff, MARY ANN STONE, incorporates by reference, the allegations contained in paragraphs One (I) through Nineteen(19), inclusive, as fully as though the same were here set forth at length 21. By reason of the aforementioned negligence of the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, the Plaintiff, MARY ANN STONE, has been deprived of the assistance and society of her husband, JOHN STONE, all of which has been to her a great financial damage and emotional loss. WHEREFORE, the Plaintiff, MARY ANN STONE, claims damages from the Defendants, RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/h/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, HMC HOSPITALITY MANAGEMENT CORPORATION, in an amount upon the Second Count of the foregoing Cause of action in excess of Thirty Thousand (30,000.00) Dollars. POWELL LAW FOR PTIFFS ID #.: 369 527 Linden Street Scranton, Pennsylvania 18503 (570) 961-0777 AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF LACKAWANNA SS. I, John Stone, being duly sworn according to law, depose and say that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge and belief. CA C ? - Joh tone SWORN TO AND SUBSCRIBED before me this Ah- day of 2005. •iw A NOTARY PUB MC Notarial Sea] Lisa M. Zellers, Notary Public Cry Of Scranton, Lackawanna County L My Carmdssion Expires Oct. 23, 2006 Demur, Pennsylvania Association Of Notcries AFFIDAVIT STATE OF PENNSYLVANIA COUNTY OF LACKAWANNA SS. I, Mary Ann Stone, being duly sworn according to law, depose and say that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge and belief. SWORN TO AND SUBSCRIBED before me this I day of 2005. NO' AP , PUBLIC Mary n Stone Notarial Seal Lisa M. Zellers, Notary Publb qty Of Scranton. Lackawanna County My Commission ExPiMs Oct 23, 2008 Member. PennsyWanla Msod -,UN 'e U MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney 7.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiffs VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants *SCAN IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL ACTION -LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 C-3 o om -x) C_ PRAECIPE FOR RULE TO FILE COMPLAINT NO n n r TO THE CLERK OF JUDICIAL RECORDS: 0 s r `D D w CZ c C_'n iu =cv ti J -? Please issue Rule upon the Plaintiff above named to file a complaint within twenty (20) days from service thereof or, upon failure to do so, suffer a judgment of non pros. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: ? RoNin B. S4der, Es*ire Attorney I.D. No: PA 71562 The Scranton Center, Suite 400 401 Adams Avenue Scranton, PA 18510 (570) 496-4600 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants JOHN STONE and MARY ANN STONE, his wife, Plaintiffs vs. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY i CIVIL ACTION- LAW JURY TRIAL DEMANDED NO: 05-CIVIL-592 RULE TO FILE COMPLAINT ApR _ g ZAQ? AND NOW, this day of 2005, a Rule is hereby issued upon the Plaintiff above named to file a complaint within twenty (20) days from service hereof or, upon failure to do so, suffer a judgment of non pros. BY: Prothonotary 7?-f o mti+^? GL 'a^- CERTIFICATE OF SERVICE I, Robin B. Snyder, Esquire, do hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon all parties by first class mail on the 6th day of April, 2005 at the following addresses: Christopher T. Powell, Jr., Esquire Powell Law 527 Linden St. Scranton, PA 18503 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: ? D U`-- Robin B. S der, Esqu Are Attorney I.D. No: PA 71562 The Scranton Center, Suite 400 401 Adams Avenue Scranton, PA 18510 (570) 496-4600 30 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Robin B. Snyder, Esquire Attorney I.D. #71562 401 Adams Avenue-Suite 400 Scranton, PA 18510 (570) 496-4600 Attorney for Defendants SCAN JOHN STONE and MARY ANN STONE, his IN THE COURT OF COMMON PLEAS wife, OF LACKAWANNA COUNTY Plaintiffs VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NO 05-CIVIL-592 N t o :-? .L a x' ? W z7n ? O x ENTRY OF APPEARANCE °o '0 c'? C') W °r- c n TO THE CLERK OF JUDICIAL RECORDS: z_ O r w -+ J Kindly enter my appearance on behalf of Defendants, Radisson Penn Harris Hotel and Convention Center, Penn Lodge Partners, L.P. d/b/a Radisson Penn Harris Hotel and Convention Center and HMC Hospitality Management Corporation, in the above-captioned matter. J Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: L4?? 0_6ul W Robm B. Snyder, Esquire Attorney I.D. No: PA 71562 ,+,, +e > x ?? ?? 1 U _ ,. W _ -_ _ W .., CERTIFICATE OF SERVICE I, Robin B. Snyder, Esquire, do hereby certify that a true and correct copy of the foregoing Entry of Appearance was served upon all parties by first class mail on the day of y y?l?3t N_^ 2005 at the following addresses: Christopher T. Powell, Jr., Esquire Powell Law 527 Linden St. Scranton, PA 18503 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Robin B. Snyder, Esquire Attorney I.D. No: PA 71562 The Scranton Center, Suite 400 401 Adams Avenue Scranton, PA 18510 (570) 496-4600 A 0_A\LIAB\RBS\SLPG\563722\LFM\ 15000\10000 Armand E. Olivetti, Jr. Esquire Attorney for Plaintiff Identification No. 25416 OLIVETTI & SCACCHITTI 400 Spruce Street, Suite 402 Scranton, Pennsylvania 18503 Phone: (570) 343-9000 MARY F. RINAL01. I 1^KAWANNA COUNTY 2005 MAR 30 P 3-- 21 CIAL IN THE COURT OF COMMON PLEAS OF LACKAWANNA CIVIL ACTION - LAW Keystone Container Service, Inc. 158 Tigue Street Dunmore, PA 18512, Plaintiff VS. Sunrise Custom Modular, LLC RD 3, Box 233D Susquehanna, PA 18847, Defendant No. 2005-CV-680 I HEREBY CERTIFY that a true and correct copy of Complaint was served upon the Defendant, Sunrise Custom Modular, LLC, RD 3, 233D, Susquehanna, PA, 18847, on March 29, 2005, by Regular First Class Mail, Postage Prepaid. OLIVETTI & SCACCHITTI A and E. Olivetti, Jr. Esquire- v Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00592 Z` COMMONWEALTH OF PENNSYLVANIA: ?J COUNTY OF LACKAWANNA %^iP?i'-•LIJi STONE JOHN C,0Ij , Y VS RADISSON PENN HARRIS HOTEL So answers: John Szymanski, Sheriff n JUr,';L'11,L r`.'?CDRDS CPL.BRENDA GOOSLEY Deputy Sheriff, who being duly sworn according to law, hereby certify and return that se ice o$ t e within WRIT OF SUMMONS was made u on L RADISSON PENN HARRIS HOTEL & CONVENTION CENTER on 18th day of February , 2005 by the Sheriff of CUMBERLAND County, Pennsylvania, as per his return of service attached hereto and made as part of this return. Sheriff's Cost: Docketing Out of County Surcharge .00 .00 .00 .00 .00 .00 Deputy,' F 00/00/0000 Sworn and subscribed to before me this day of A. D. s ca" QC, Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00592 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA STONE JOHN /7 VS /f RADISSON PENN HARRIS HOTEL CPL.BRENDA GOOSLEY , Deputy Sheriff, who being duly sworn according to law, hereby certify and return that service of the within WRIT OF SUMMONS was made upon PENN LODGE PARTNERS on 18th day of February , 2005 by the Sheriff of CUMBERLAND County, Pennsylvania, as per his return of service attached hereto and made as part of this return. Sheriff's Cost: Docketing Out of County Surcharge So answers: .00 John Szymanski, Sheriff .00 .00 Deputy. .00 C. .00 .00 00/00/0000 Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-0059, COMMONWEALTH OF PENivSYLVANIA': COUNTY OF LACKAWANNA STONE JOHN VS RADISSON PENN HARRIS HOTEL CPL.BRENDA GOOSLEY , Deputy Sheriff, who being duly sworn according to law, hereby certify and return that service of the within WRIT OF SUMMONS was made upon HMC HOSPITALITY MANAGEMENT CORP on 18th day of February , 2005 by the Sheriff of CUMBERLAND County, Pennsylvania, as per his return of service attached hereto and made as part of this return. Sheriff's Cost: Docketing Out of County Surcharge So answers: .00 John Szymanski, Sheriff .00 .00 Deputy n /a .00 .00 .00 00/00/0000 Sworn and subscribed to before me this day of A. D. Prothonotary NAME: Christopher T. Powell, Jr., Esquire ADDRESS: Barristers' Row- 142Adams Avenue Scranton, Pennsylvania 18503 t• "r% PHONE NUMBER: (570) 961-0777 cl 9. ATTORNEY ID NUMBER: 28369 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COtT4Thi ct+ JOHN STONE and MARY ANN STONE, His Wife, SUMMONS RR #5, Box 5318 Moscow, Pennsylvania 18444 Plaintiffs VS. CIVIL ACTION - LAW RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, US Route 11 & 15 Eford J RY/TRIAL DEMANDED Camp Hill, Pennsylvania 17011 U? f (? I and :?? - ?,.^•5.p PENN LODGE PARTNERS, L.P. ?? i•i v US Route 11 & 15 Eford CV VA"' + Camp Hill, Pennsylvania 17011 d/b/a/ RADISSON PENN HARRIS HOTEL CONVENTION CENTER and TT 7 HMC HOSPITALITY MANAGEME c ' CORPORATION +?. 1150 Camp Hill Bypass J? -CIVIL- Camp Hill, Pennsylvania 17011 RETURN OF SERVICE SERVICE ATTEMPTS: DATE: TIME: DATE: DATE: PERSON SERVED DATE: RELATION: (SECRETARY, RECEIPT, PERSON IN CHARGE) Yrt#4###+#++#i#irti YtrtrtYSk#4f##ffrtt#t#k#k#kk++++i#Yittt##rtk+#ffff+rtrttrtttt4f f# .d., Office of the Sheriff JOHN SZYMANSKI-SHERIFF LACKAWANNA COUNTY . SCRANTON, PENNSYLVANIA 18503 . (570) 963-6719 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY JOHN AND MARY ANN STONE PLAINTIFF - vs - a true and attested copy of the original RADISSON PENN HARRIS HOTEL ET AL DEFENDANT WRIT S'[Tmmoyc; NOW FEB. 10, 2005 , 20 , !,JOHN SZYMANSKI High Sheriff of Lackawanna County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND this writ. This deputization being made at the request of the Plaintiff. SERVE Pennsylvania, to execute 1 of 3- RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER US ROUTE 11 & 15 EFORD, CAMP HILL, PA. 17011 DEPOSIT CHECK ENCLOSED 125.00 ck. 24897 PLEASE MAKE REFUND CHECK PAYABLE TO ATTORNEY SHERIFF JOHN SZYMANSKI THANK YOU ('PT RRFNDA (;DORY FY AFFIDAVIT OF SERVICE NOW _, 20 , at o'clock . M., I served the within upon at and made known to Sworn and subscribed before me this day of 20 COUNTY DEPUTYSHERIFF NOW 20 See return endorsed hereon by the Sheriff of County, Pennsylvania and made a part of this return. SO ANSWERS No. 05 civ. 592 ISSUED FEB. 9, 2005 by handing to the contents thereof. SC ANSWERS SHERIFF OF BY: SHERIFF OF LACKAWANNA COUNTY 1 Office of the Sheriff JOHN SZYMANSKI•SHERIFF LACKAWANNA COUNTY • SCRANTON, PENNSYLVANIA 16503 . (570) 963-6719 IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY JOHN AND MARY STONE No. 05 civ. 592 . PLAINTIFF -vS- ISSUED FEB. 9, 2005 RADISSON PENN HARRIS HOTEL ET AL WRIT SUMMONS DEFENDANT ' NOW FEB. 10, 2005 -,20-, I, JOHN SZYMANSKI HighSheriff of Lackawanna County, Pennsylvania, do hereby deputize the Sheriff of CUMBERLAND this writ. This deputization being made at the request of the Plaintiff. SERVE, 3 Of 3- HMC HOSPITALITY MANAGEMENT CORP. , Pennsylvania, to execute 1150 CAMP HILL BYPASS, CAMP HILL, PA. 17011 DEPOSIT CHECK ENCLOSED PLEASE MAKE REFUND CHECK PAYABLE TO ATTORNEY SHERIFF JOHN SZYMANSKI THANK YOU CPL. BRENDA GOOSLEY AFFIDAVIT OF SERVICE NOW 20 , at o'clock . M., I served the within upon at by handing to a true and attested copy of the original and made known to the contents thereof. Sworn and subscribed before SC ANSWERS me this day of SHERIFF OF COUNTY 20 BY: DEPUTY SHERIFF NOW 20 See return endorsed hereon by the Sheriff of County, Pennsylvania and made a part of this return. SO ANSWERS SHERIFF OF LACKAWANNA COUNTY SHERIFF'S RETURN - REGULAR CASE NO: 2005-00135 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONE JOHN ET AL VS RADISSON PENN HARRIS HOTEL ET VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HMC HOSPITALITY MANAGEMENT CORP the DEFENDANT , at 0015:00 HOURS, on the 18th day of February , 2005 at U S RTE 11 & 15 CAMP HILL, PA 17011 ERFORD RD by handing to MICHAEL BRETZ (SALES MANAGER) 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 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me this ??ay of Lti Notary So Answers: R. Thomas Kline 02/22/2005 POWELL LAW By: J? Deputy Sheriff `%?-'?'^L SEAL RF.tWC!AKER, NOTARY PUBLIC 1 .._.__.0a eBar ,nm( Lr-aunty ?? t Mo SHERIFF'S RETURN - REGULAR CASE NO: 2005-00135 T COMMONWEALTH-.OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONE JOHN ET AL VS RADISSON PENN HARRIS HOTEL ET VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon PENN LODGE PARTNERS LP the DEFENDANT , at 0018:00 HOURS, on the 18th day of February , 2005 at U S ROUTE 11 & 15 ERFORD CAMP HILL, PA 17011 by handing to MICHAEL BRETZ (SALES MANAGER) 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 6.00 Service .00 Affidavit 1.00 Surcharge .00 .00 7.00 Sworn and Subscribed to before me is -t--day of LIJ A/. D . TO-11 1??1 Notary So Answers: R. Thomas Kline 02/22/2005 POWELL LAW By: zZ-- zv?/ Deputy Sherif NOTtMALSEAL C?PJOIU ° B?41Pa' P. NOTARY PUBLIC (,ai , sur[ u'r ;erland County My?,mu -?lui v; resAP614,2.005 SHERIFF'S RETURN - REGULAR CASE NO: 2005-00135 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONE JOHN ET AL VS RADISSON PENN HARRIS HOTEL ET VALERIE WEARY Sheriff o Cumberland County,Pennsylvania, who being says, the within WRIT OF SUMMONS RADISSON PENN HARRIS HOTEL AND CONVENTION DEFENDANT , at 0015:00 HOURS, on the r Deputy Sheriff of duly sworn according to law, was served upon CENTER the 18th day of February , 2005 at U S ROUTE 11 & 15 ERFORD CAMP HILL, PA 17011 by handing to MICHAEL BRETZ (SALES MANAGER) a true and attested copy of WRIT OF SUMMONS tpgethefRwith <n r .v - and at the same time directing His attention to the contents rj?hermof. N J Sheriff's Costs: Docketing 18.00 Service 14.06 Affidavit 2.50 Surcharge .00 .00 34.56 Sworn and Subscribed to before me this c?Rt--day of A.D. L?-C / CQ! ? bC]? IP Notary So Answers: _ R. Thomas Kline 02/22/2005 POWELL LAW By: Deputy eriff NOTn.RIAI.SEAL -, CLAJOlAA BREWBAKFR,NOTARYPUBLIC Carlisle 50m, Cumberland County My Corrnmission Expires April 4,20 , rors? 1 S R:CLL-.PS{ OF NDICIAL PS.COI'SS US CDLll7 of CDnunDn Piers of iackawaima Comity ocket Nu;1tUe]-: Civil Covcr Sheet FL iFF'S NAME John Stone and Mary Ann Stone, His Wife RR 115, Box 5318 Moscow, Pennsylvania 7A/// ._ 2. I j NGL/PI I Hill Penn Harris Hotel & Convention 7 S ADDRESS 11 & 15 Eford Road HaT$YSPtlot elrh'CondenL ion 6enteron ?DANT'S ADDRESS ute 11 & 15, Eford Road Hill, Pennsvlvania 17011 ospi" ality Management Corporation 1150 Camp-:Hill Bypass ICamP Hill Panneyg{}}g 17M OTALNO.cFD E14Df.IvTS ?Oh?:-n ?.. T'_O nC-__h Co rIzL - 7 ?ten A tm nm. n Anncai 3 Xl , o; Sun:no. , xz ?- e: frog i o i i.nsdia R lUy No-j: r,e,-.ior ?i.; Lo.ic Ate, xi ?:.i -'?,,'es O[iicr' 01\1s) n r 70 T1:L CLUJI- OF RCRJICLA lLbLCUitD,': n,; .P.92-' nee nn behalf of Plaintiff; ?? . q,-, _ address set forth lielow: DRNEY OR PRO SE PLAI: ;Christopher T. Powell, Jr., Esquire 1(570) 962-0777 (570) 342-1232 -- - oio_ 28369 c-- C-) D o D alt' C:--. ADDRESS 142 Adams Avenue 2/9/2005 CD ~ LACKAWANNA COUNTY COURT OF COMMON PLEAS CIVIL COVER SHEET INSTRUCTIONS An attorney or pro se party filing a document commencing any type of civil action shall file a properly completed Civil Cover sheet. Copies of the Civil Cover Sheet shall be attached to service copies of the document co- irticncing the action. Reg, shall be designated as Plaintiff or Plaintiffs PARTIES rdless of the type of action, the initiating party o parties and the responding party or parties shall be designated as Defendant or Defendants. Names of individuals shall be listed as last name, first name, middle initial. Full names of agencies and corporations s:iall be provided. Spouses huh `,c Ilsted as scpa.rate parties unless the claim of one spouse is limited to a claim for consortium in which case he dzsi :z for:, et u . or et vir shall be used. Where there are more than three plaintiffs or defendants, a a?ple:ner?tr-!- form iisteI2 t1_ie additional parties shall be attached to t'..e Cover Shoot. The section labeled "Remarks" is for procedural matters on y. These may include such matters as related cases w here consolidation might be advisable. Matters such as expcoted difnculty wilh service of process or the status of settlement discussions do not belong to this section. CASE TYTE AND CODE DESIGNATION L TORT/BF Tort Bad Faith FAM Family Court TORT/WCP Wrongful Use of Civil Process FAv1/CUST Custody TORT/O Other torts F ,!NVDrV Divorce NGL/MVA Motor Vehicle Accident MCT Minor Court Appeal NGL/bTI; No-Fault Benefits LAG Local Agency Appeal NGL/PI Personal Iijury L?;' I\'_c G Motor Vehicle Suspension NvL/Pl??st,4 }'i cmiscs I is t fity Boa! d Appeal Pmdact L_ao.t.ty _, _ ', , - - p of C' ?np CE:1S NGf,/I? Z OXLG Tort p/ L Vt.lid.tion ui Tax Title NGL/0 Other Ncgbgencc Action PCP;TS Tax Sale M MLP/D Dental Malpractice PCP/O$I Objection to Tax Sale f,ILP/L Legal Malpractice FCPtPRL?r Petition to set aside private sale d b DdLP M Medical Malpractice y Other Proceedings commence N P/0 Other Malpractice Petition EQ Equity Cl confessionofJudgment PE REPL Replevin CLASS Class Action P-n Real Property CNT L Cormactcases PT/EJ Ejectment DELI Declaratory.judgment nation/Declaration of al, ng d PP/QT QuietT'itic COt\ n/pr em Con /yam I" p Mortgage Foreclosure TOR. Pssault & Battery RP/pdL Mechanic's Lien TORT!1 S Libel S Slander R'/PRT Partition T Y-I're` rr`ud oils I Persmral Property Actions N ?\CTfON I -i hl 1 (11.1 ?.tutc ,n ls 0 r5e_11151 d with ?1tll auttio.it\:- . a;.r... ; pP?Dl?? r-.??I ?r ",!eri. r: .ted cases nest he id fitted by capnoa anti c:xl.u! number wheti:cr ce not C6ristop6er T. Powell, Jr., Eeywre ATTORNEY I.D. #28369 POWELL LAW 142 Ademe Aeen..e Scranton, PA 18503 (570) 961-0777 ATTORNEY FOR PLAINTIFFS JOHN STONE and : IN THE COURT OF COMMON PLEAS MARY ANN STONE, His Wife, : OF CUMBERLAND COUNTY RR#5, Box 5318 Moscow, Pennsylvania 18444 : CIVIL ACTION- LAW Plaintiffs vs. RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, US Route 11&15 Eford Road Camp Hill, Pennsylvania 17011 and PENN LODGE PARTNERS, L.P. US Route 11& 15 Eford Road Camp Hill, Pennsylvania 17011 d/b/a RADISSON PENN HARRIS HOTEL and CONVENTION CENTER, US Route 11 & 15, Eford Road Camp Hill, Pennsylvania 17011 JURY TRIAL DEMANDED • - r D rn =3 rrn o W D < CD t m 7n mc_ .o Vf0 C-) " on n W ? cc r N z_. • O and HMC HOSPITALITY MANAGEMENT CORPORATION, 1150 Camp Hill Bypass Camp Hill, Pennsylvania 17011 Defendants ?6- CIVIL- PRAECIPE FOR SUMMONS TO THE CLERK OF JUDICIAL RECORDS: Sir: Issue Summons in Civil Action in the above case Writ of Summons shall be forwarded to - Attorney x Sheriff LAW Christ3gl'er T/Powell r., Esquire ATTORNEY FOR - LAINTIFFS Barr"' Row - 142 Adams Avenue Scranton, Pennsylvania 18503 (570) 961-0777 Dated: 2/9/2005 I.D. Number: 28369 SUMMONS IN CIVIL ACTION You are notified that the Plaintiff (s) have commenced an action against you. Seal of the Court By: Mary F. Rinaldi, Clerk of Judicial Records Date: By; Edward F. Stancheski, Chief Deputy /U r? ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney 10#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik?azangino-rovner.com JOHN STONE and MARY ANN STONE, His Wife, Plaintiffs V. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. t/d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPSITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 05-4727 JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAW/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Christopher T. Powell, Jr., Esquire of Powell Law Firm for the Plaintiffs in the above-captioned a Please enter the appearance of Michael E. Kosik, Esquire of Angino & Rovner, P.C. for the Plaintiffs in the above-captioned action. 4503 N. Front Street Harrisburg, PA 17110 (717)238-6791 Attorney for Plaintiff 308498 I.D. No. 36513 CERTIFICATE OF SERVICE AND NOW, 6th this day of October, 2005 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the WITHDRAW/ENTRY OF APPEARANCE in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Ste B Harrisburg, PA 17112-2899 Michelle M. Milojevich 308488 C r?? `i1 rO _? JOHN STONE and MARY ANN STONE, his wife, Plaintiff VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JURY TRIAL DEMANDED NO: 05s STIPULATION It is hereby stipulated and agreed to as follows: 1. 12(k) of the Plaintiffs' Complaint is hereby STRICKEN. 2. Defendants shall have twenty (20) days from the date of the filing of this Stipulation to file an answer to the Complaint. P.C. MARSHALL, DENNEHEY, WARNER, COLEM GOGGIN Michael E. Kosik, Esquire Attorney for Plaintiffs John and Mary Ann Stone Christopher Reeser, Esquire Attorney for Defendant HMC Hospitality Corporation V05_AALIABACMR\SLPGA199222VCLI113131A00107 °, C ? .a _? :??? _ ? c° --',; )'S ,?r ?. ?`c? i ? ?. r ' - ?^ N ? ..._ s? ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID#: 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail. mkosik@angino-rovner.com JOHN STONE and MARY ANN STONE, His Wife, Plaintiffs V. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. t/d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 05-4727 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND NOW come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendants as follows: 22. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff John Stone was negligent in any manner upon the cause of action stated in Plaintiffs' Complaint and, therefore, it is denied that the Doctrine of Contributory Negligence or Comparative Negligence is applicable to Plaintiffs' claim. By way of further response, it is specifically denied that Plaintiff John Stone observed the dangerous condition created by the ice on the sidewalk prior to his fall, and it was only after he fell on the isolated patch of ice that he was aware that the condition existed. 23. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of Assumption of the Risk is applicable to Plaintiff John Stone's claim. By way of further response, it is specifically denied that Plaintiff John Stone was aware of the dangerous condition, that he understood and appreciated the dangers and risk of injury posed by the condition or that he voluntarily and consciously encountered the dangerous condition in spite of this knowledge. To the contrary, it is averred that Plaintiff John Stone was not aware of the dangerous condition created by the patch of ice and, therefore, did not encounter a known danger. 24. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff John Stone was aware of the dangerous condition created by the isolated patch of ice and that Plaintiff John Stone observed the condition prior this fall. Plaintiff John Stone was not aware that the dangerous condition existed because there were no adverse weather conditions and he was not aware of the defect in the Defendants' property which created the small isolated patch of ice. Furthermore, he did not observe the condition created by the leak from the roofing and/or gutter until after his fall. Plaintiff denies that the condition was open and obvious or something that he was or should have been aware. 25. Denied. Plaintiff does not have sufficient knowledge or information to admit or deny this allegation, and additional information is requested. If sufficient information is supplied confirming that HMC Hospitality Corporation is not or was not involved in the ownership, 312631 2 management or control, of the Radisson Penn Harris Hotel and Convention Center at the time of this incident, Plaintiffs will discontinue the action with respect to this entity. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. 312631 3 I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff VERIFICATION I, JOHN STONE, Plaintiff, have read the foregoing Reply to New Matter and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. WITNESS: ( I Y-- JOHN ONE CERTIFICATE OF SERVICE AND NOW, 9h this day of November, 2005 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Ste B Harrisburg, PA 17112-2899 Michelle M. Milojevich 312631 r> t.' - ` .? -f9 _T _ ? t 1 t_._ _.111'. -?- ali: p r,.; ?..[ .a ;', _? . 1 ?Cl r? r, ':?3 _, ? -? JOHN STONE and MARY ANN STONE, his ; IN THE COURT OF COMMON PLEAS wife, vs. Plaintiff RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED 4-7al NO: 05-4q-1*5- . STIPULATION TO DISCONTINUE CLAIMS AGAINST LESS THAN ALL DEFENDANTS TO AMEND CAPTION The parties hereby stipulate and agree as follows: All claims against HMC Hospitality Management Corporation are dismissed without prejudice. In exchange for Plaintiffs' agreement to dismiss all claims against HMC Hospitality Management Corporation, the remaining Defendants hereby stipulate and agree that the defense of failure to name a proper party is waived. 3. Defendant HMC Hospitality Management Corporation should be deleted from the caption and the caption should now read: John Stone and Mary Ann Stone, his wife, Plaintiffs V. Radisson Penn Harris Hotel and Convention Center; Penn Lodge Partners, L. P. d/b/a Radisson Penn Harris Hotel and Convention Center, Defendants. I L/ 1 4 1 0? DAT 1911A05 DATE ichael E. Kosik, Esquire Attorney for Plaintiffs Christopher M. Reeser, Esquire Attorney for Defendant HMC Hospitality Management Corporation o m_ ? tD V CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JOHN & MARY ANN STONE -vS- RADISSON PENN HARRIS HOTEL & CONVENTION UNGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-4727 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 07/11/2006 M S behalf f fH? CHRISTOPHER EESER, ESQ. Attorney for DEFENDANT R1.13 133-H DE12-0242359 26738-LO1 MCS 1601 Market Street, Suite 800, Philadelphia Pennsylvania 19103 (215) 246 - 0900 Fax Number (215) 246 - 0959 URGENT! ! ! ! ! URGENT! ! ! ! ! URGENT! ! ! ! ! JULY It, 2006 JOHN STONE JOHN & MARY ANN STONE Vs RADISSON PENN HARRIS HOTEL & CONVENTION MARSHALL, DENNEHEY, ET AL CHRISTOPHER REESER, ESQ. - (717) 651-9630 We have been requested by the above-mentioned counsel to obtain material on an expedited basis from the below listed custodians. In order to comply with this request we must have your signature indicating that you waive the twenty-day notice period provided in Rules 4009.21 and 4009.22. Please fax this form to us immediately at (215) 246-0959 with your signature so that we may comply with this request. Your cooperation would be greatly appreciated. Sincerely, KELLEE YEISER Custodians: DR. GERALD NEALON Counsel: MICHAEL E. KOSIK, ESQ. I agree to waive waiting period Date: Copies: Yes_No_ I agree to pay the invoice provided with the documents Review Documents: Yes No Advise of Cost I do not agree to waive rule: Date: Billing Info: - MEDICAL RECORDS (717) 238-5610 RRWI-0000926 26738-COI I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DR. GERALD NEALON MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 07/11/2006 MCS on behalf of CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.12 133-H DE02-0336851 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE VS. as- 4172 7 File No. --@+ RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR. GERALD NEALON (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.. 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: NAME: CHRISTOPHER REESER, ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JUL 14 2006 Date: ?? /3. Rely Seal of the Court BY THE COURT: ls? 4,Z- ,e xgmc Prothonotary/Clerk, Civi Division A-- _ ;z Dep / 1 26738-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR. GERALD NEALON 1209 SWETLAND STREET SCRANTON, PA 18504 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.12 133-H SU10-0631290 26738-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL on W ?iI Wi I COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 05-4727 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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: 11/20/2006 CS pn ehal o C! ZA?? CHRIST HER REESER, ES Attorney for DEFENDANT R1.23 133-H DE11-0657372 26738-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PAM COSTELLO, M.D. MEDICAL RECORDS KENNETH W. LILIK, MD. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on"Ibehalf of-CHRISTOPHER REESER, ESQ.. intends to serve a subpoena identical to the one that`i,s 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 recordsomay be ordered at your expense by completing the attached counsel card and returning same to Mor by contacting our local MCS office. DATE: 10/31/2006 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT 'THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.16S 133-H DE02-0345803 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE File No. 05-4727 VS. RADISSON PENN HARRIS HOTEL-& CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PAM COSTELLO M.D. (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 1601 Market Street, Suite 800. Rhiladelphia PA 1910' You may deliver or mail legible copies of the documents di 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: CHRISTOPHER REESER, ES ADDRESS: 42-00 CRU_M_S MILL. ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: oc4- nZ 5 . '2-06G Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Divisio Deputy 26738-02 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PAM COSTELLO, M.D. 212 LINDEN STREET SCRANTON, PA 18503 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. r Entire medical file, including but•nolO?''limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.16S 133-H SU10-0651142 26738-LO2 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA oRIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of&1tTtQ-, subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena iq-;-nought 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: 11/20/2006 A/-Z1/A&V0UPHEi eha of 2?? REESER, ESQ`? Attorney for DEFENDANT R1.23 133-H DE11-0657373 26738-L03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PAM COSTELLO, M.D. MEDICAL RECORDS KENNETH W. LILIK, MD. MEDICAL RECORDS TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER.REESER, ESQ. intends to serve a subpoena identical to the one--that -i`s:.attached to thi"s 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: 10/31/2006 MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. w< . 13131-00107 Any questions regarding this matter, contact w-,. . THE MCS GROUP INC. 1601 MARKET STREET 4800 PHILADELPHIA, PA 19103 (215) 246-0900 1.16S 133-H DE02-0345803 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE VS. File No. 054727 RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for KENNETH W. LILIK, MD. (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., 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: NAME: CHRISTOPHER REESER ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B _HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: n2+ o2-9 Deputy Seal of the Court 26738-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KENNETH W. LILIK, MD. 311 MULBERRY STREET SCRANTON, PA 18503 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. Entire medical file, including but not limited to any and all records, correspondence to and from the consulting and treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis or treatment pertaining to: Dates Requested: up to and including the present. Subject : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.16S 133-H SU10-0651144 26738-L03 -rs - ?T ?. o ?? , ?;-n ? - E .f3? ) !' - #-` . ... T7 ?.?_ -'r'1 ' '} _ ? : N ? - G3 - C CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA 91GII il"t PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ES 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/26/2007 ??SS`MC?S ion beha f CHRIST HER REESER, ES? Attorney for DEFENDANT R1.33 133-H DE12-0247092 26738-L04 Apr-13-OT 08:49 From-MDINCiG TIT-651-9630 T-4T9 P.002/002 F-296 ANGINO &. ROVNBR, F. C;. •?so3 rivrclx ?werr9iREEl RKSW C AMM NC M= 9L FWM HAIZDWJPG, PA 171I0-1796 NEL j. R0VM Pjam o & sapta x )O8lEiMMY1A7O 1.1BAM. WOOGBLtIg1 717/x386791 f FAx 717/238.5610 n? R. .. j i APR 0 9 ZODI April 5, 2007 / L3 - (U ( D7 Christopher K Reeser, Esquire Menhall Demehey Warner Coleman dt Googin 4200 Crams Mill Road. Ste B Haiiisburg, PA 17112-2899 Re: John Stone Y. Radisson, et. al. Dear Chris: I have no objection to your subpoenas for the diagnostic studies and waive the 20-day waiting period. With respect to the records, please supply me with copies of whatever you receive in response to the subpoenas. H_owever lease DO NOT sMVVjfkj*j of the gggg films. e ITI_ ,-- n I 352233 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE PA MRI IMAGING CENTER ADVANCED IMAGING CENTER COMMUNITY MEDICAL CENTER COMMUNITY MEDICAL CENTER DR CAROL PERFILIO MRI FILM ONLY MRI FILM ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 04/26/2007 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361556 26738-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE File No. 054727 vs. RADISSON PENN HARRIS HOTEL & CONVENTION TO: Custodian of Records for NE PA MRI IMAGING CENTER (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 ATTACEMD RIDER **** at The MCS Ciro, Inc 1601 Market Street, Suite 500. 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: NAME: CHRISTOPHER REESER, ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot onotary/Cle evil ivision APR 2 1 2007 Deputy -tv'll -'2 60 Date: Seal of the Court 26738-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: NE PA MRI IMAGING CENTER 2601 STAFFORD AVENUE SCRANTON. PA 18505 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL MRI STUDIES TAKEN ON 06/09/03 AND 07/13/04 Any and all MRI films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis, consultation, care and/or treatment pertaining to: Dates Requested: up to and including the present. Subject : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.31S 133-H SU10-0682488 26738-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGN PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/26/2007 f /S/ MCS. n eh i/ HRIST HER REESER, E5 Attorney for DEFEND R1.33 133-H DE12-0247093 26738-L05 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE PA MRI IMAGING CENTER ADVANCED IMAGING CENTER COMMUNITY MEDICAL CENTER COMMUNITY MEDICAL CENTER DR CAROL PERFILIO MRI FILM ONLY MRI FILM ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 04/26/2007 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361556 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE vs. File No. 054727 RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ADVANCED IMAGING CENTER (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 Gmo. Inc 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: NAME: CHRISTOPHER REESER. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot onotary? evil 'lion APR 2 6 2007 . Deputy Date: Seal of the Court 26738-05 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ADVANCED IMAGING CENTER 1000 MEADE STREET MEDICAL PLAZA DUNMORE, PA 18512 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY AND ALL MRI STUDIES TAKEN ON 4/22/05, 8/7/06 AND 2/6/07, AS WELL AS CERVICAL SPINE XRAYS WHICH WERE TAKEN ON 2/6/07 Any and all MRI films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, diagnosis, consultation, care and/or treatment pertaining to: Dates Requested: up to and including the present. Subject : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.31S 133-H SU10-0682490 26738-LO5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA O I V 1111W PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/26/2007 MCA on behal of CHRISTOP ER REESER, ESQ. Attorney for DEFENDANT R1.33 133-H DE12-0247094 26738-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF : JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE PA MRI IMAGING CENTER ADVANCED IMAGING CENTER COMMUNITY MEDICAL CENTER COMMUNITY MEDICAL CENTER DR CAROL PERFILIO MRI FILM ONLY MRI FILM ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 04/26/2007 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361556 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE VS. File No. 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNITY MEDICAL CENTER (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 1601 Market Street, Suite 800, Philadelpha, 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: CHRISTOPHER REESER. E ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant APR 2 6 2007 Date: t Seal of the Court BY THE OURT: Pro onotarylCJ 1 'sion Deputy 26738-06 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY MEDICAL CENTER MEDICAL RECORDS 1800 MULBERRY STREET- SCRANTON. PA 18510 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ALL RECORDS PERTAINING TO CERVICAL AND LUMBARD EPIDURAL INJECTIONS RECEIVED AT THE CMC PAIN CLINIC ON 5/21/03 Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, 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, test, 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 : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: 201-28-3600 Date of Birth: 10-19-1937 R1.31S 133-H SU10-0682492 26738-LO6 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORGIN, PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/26/2007 MCC on beha of?q CHRISTO ER REESER, ES . Attorney for DEFENDANT R1.33 133-H DE12-0247095 26738-L07 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE PA MRI IMAGING CENTER ADVANCED IMAGING CENTER COMMUNITY MEDICAL CENTER COMMUNITY MEDICAL CENTER DR CAROL PERFILIO MRI FILM ONLY MRI FILM ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 04/26/2007 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361556 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN & MARY ANN STONE File No. 05-4727 VS. RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for COMMUNITY MEDICAL CENTER (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 M CS a=- Inc.- 1601 Market Street. Suite 800. PhiladelpJaia, 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: CHRISTOPHER REESER, ESQ. ADDRESS: 4200 CHUMS MILL ROAD SUITE B _HARRISBURG, PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE OURT: Prot onotary/ 1 ' ivision APR 2 2007 Deputy Date: Seal of the Court 26738-07 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: COMMUNITY MEDICAL CENTER RADIOLOGY DEPARTMENT 1800 MULBERRY STREET SCRANTON, PA 18503 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. CERVICAL AND THORACIC SPINE XRAYS FILMS AND REPORTS WHICH WERE TAKEN ON 5/21/03 Any and all x-ray films and reports, 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 : JOHN STONE 230 SPUDENO ROAD, MOSCOW, Pei 18444 Social Security #: 201-28-3600 Date of Birth: 10-19-1937 R1.31S 133-H SU10-0682494 26738-LO7 CERTIFICATE n PREREQUISITE TO SERVICE OF A SUBPOENA 0 io PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, CUMBERLAND -VS- CASE NO: 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 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: 04/26/2007 MC n beha14 of CHRISTOP ER REESER, ESQ. Attorney for DEFENDANT R1.33 133-H DE12-0247096 26738-L08 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JOHN & MARY ANN STONE -VS- RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL COURT OF COMMON PLEAS TERM, CASE NO: 05-4727 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NE PA MRI IMAGING CENTER ADVANCED IMAGING CENTER COMMUNITY MEDICAL CENTER COMMUNITY MEDICAL CENTER DR CAROL PERFILIO MRI FILM ONLY MRI FILM ONLY MEDICAL RECORDS X-RAY ONLY MEDICAL, BILLING, AND X-RAY(S) TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 04/26/2007 CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361556 26738-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY, OF CUMBERLAND JOHN & MARY ANN STONE VS. File No. 05-4727 RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DR CAROL PERF •IO (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 RMER at The MCS GroUp.1 .- 1601 Market Street Suite $00. P ilad ia, 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: CHRISTOPHER REESER. ES ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: 10246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Proth otary/Cler D' 'sion APR 2 G 2M7 p Date: Deputy Seal of the Court 26738-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DR CAROL PERFILIO 1328 PROVIDENCE ROAD SCRANTON, PA 18508 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING LAB REPORTS, MRIS, CT SCANS,` OTHER DIAGNOSTIC TESTING REPORTS 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 : JOHN STONE 230 SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.31S 133-H SU10-0682496 26738-LO8 ?? r ?W C? ` ::. t iY r ? ??? ., '? ? .. ?? ' { '1 lf? ?,y l _ 1? ./` ?..t ?? `..,,} It IN THE MATTER OF: JOHN & MARY ANN STONE CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 -VS- CASE NO: 05-4725 ORIGIN, A I COURT OF COMMON PLEAS TERM, CUMBERLAND X= y7a7 RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, 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: 07/05/2007 MC S A?ao fO#W/E?Q1?2) , Attorney for DEFENDANT R1.35S 105-N DEII-0697461 2 Co 7 3 8- 1- 0 9 C O M M O N W E AL T H Or P E NN S Y L VAN T A COUNTY or CUMBER LAN D IN THE MATTER OF: COURT OF COMMON PLEAS JOHN & MARY ANN STONE TERM, -VS- CASE NO: 05-4725 RADISSON PENN HARRIS HOTEL & CONVENTION CENTER, ET AL NOTICE OF INTENT TO SERVEA SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: MICHAEL E. KOSIK, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, 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: 06/14/2007 MCS on behalf of CC: CHRISTOPHER REESER, ESQ. - 13131-00107 Any questions regarding this matter, contact CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35 105-N DE02-0366311 2 6 7 3 8- C O 1 >>> LOCATION LIST <<< PAGE: LOCATION NAME RECORDS REQUESTED JOSEPH A. PERFILIO, D.C. MEDICAL, BILLING, AND X-RAY(S) R1.35 105-N DE02-0366311 2 6 7 3 8- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CLIMBERLAND JOHN & MARY ANN STONE vs. File No. 054727 - RADISSON PENN HARRIS HOTEL & CONVENTION SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOSEPH A PERFII IO, n (' - (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 ATTACIMD RMIM **** at The MCS GEM Inc„ 1601 Market Street •Suite 800, Phila dRW a 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: CHRISTOPHER REESEIL E ADDRESS: 4200 CRUMS Mii.L. ROAD TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant JI-A.1p__ JUL 0 bJ007 Date: Seal of the Court BY '71, OURT. r onotary/Clerk, Civil Division07? eputy 26738-09 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOSEPH A. PERFILIO, D.C. ABINGTON CHIROPRACTIC 535 NORTHERN BLVD. CHINCHILLA, PA 18410 RE: 26738 JOHN STONE Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI' S AND CT SCANS 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 : JOHN STONE 230, SPUDENO ROAD, MOSCOW, PA 18444 Social Security #: XXX-XX-3600 Date of Birth: 10-19-1937 R1.35S 105-N SII10-0691238 26738-31j09 ? ?? ?a ? -n _ --' .-? ? ? ?"? - , c? ; ?.'?> _ _.? ?-• ..- Y ?jt ,; .: ? ?; ? ?i-3 „?`. ? Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID # 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13131-00107 Attorney for Defendant JOHN STONE and MARY ANN STONE, his ; IN THE COURT OF COMMON PLEAS wife, ; OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. ; CIVIL ACTION - LAW JURY TRIAL DEMANDED RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE NO: 05-4727 PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Now come Defendants, RADISSON PENN HARRIS HOTEL AND CONVETION CENTER and HMC HOSPITALITY MANAGEMENT CORPORATION, by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and hereby file this Motion for Summary Judgment and in support thereof aver the following: 1. On February 11, 2003, Plaintiff, John Stone, was staying at the Radisson Penn Harris Hotel in Camp Hill, Pennsylvania. 2. Plaintiff was exiting the hotel by a side door, carrying two suitcases and a small shopping bag. (Deposition transcript of John Stone, p. 28-29 attached hereto as Exhibit A, hereinafter referred to as "Stone Dep.") 3. Plaintiff stated that he was not paying attention to the ramp, as he was watching a woman put something on top of her car in the parking lot. (Stone Dep., p. 31). 4. Plaintiff slipped and fell on a patch of ice on the ramp outside the side door. (Stone Dep., p. 32). 5. Plaintiffs wife took a photograph of the ice. (Photograph of the ice is attached hereto as Exhibit B). 6. Plaintiff surmises that the ice developed as a result of a leak or a drip in a seam in the copper gutter. (Stone Dep., p. 45-46). 7. However, Plaintiff admits that he never saw the gutter drip or leak, nor did he see a crack or hole to indicate any dripping or leaking. (Stone Dep. p 46). 8. Defendants' expert, Bruce Ensor, examined the gutter on October 30, 2008, and determined that no crack or hole exists which would have caused a leak or drip. (Report of Bruce Ensor is attached hereto as Exhibit Q. 9. There is no evidence that there have been any changes to or repairs of the gutter from the date of Plaintiffs fall to the present. 10. Plaintiff has elected not to have an expert examine the gutter. 11. Plaintiff has not alleged, or provided proof, that there was any other cause for the ice on the sidewalk. 12. Furthermore, Plaintiff has come forward with no evidence that the Defendant had actual or constructive notice of the ice on the sidewalk. 13. Plaintiff has presented no evidence to show how long the alleged defective condition existed on the sidewalk, except to say that the ramp was clear when he first entered the hotel the night before his fall. (Stone Dep. p 25). 14. A possessor of land is only liable to a business invitee when the possessor has notice. Restatement (Second) of Torts § 343 (1965). Notice requires the possessor have actual or constructive notice of the condition or the possessor had a hand in creating the harmful condition. Estate of Swift v. NE.Hosv., 690 A.2d 719, 722 (Pa. Super. Ct. 1997). 15. Defendants are entitled to judgment as a matter of law. 16. No judge has ruled on any issue in this case. WHEREFORE, Defendant requests the Court grant it's Motion for Summary Judgment and dismiss Plaintiffs Complaint with prejudice. MARSHALL DENNEHEY WARNER COLE IN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: March 18, 2009 Marshall Dennehey Warner Coleman & Goggin By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 13131-00107 Attorney for Defendant JOHN STONE and MARY ANN STONE, his ; IN THE COURT OF COMMON PLEAS wife, ; OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NO: 05-4727 CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on March 18, 2009, I served Defendant's Motion for Summary Judgment, via First Class United States mail, postage prepaid as follows: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorney or Plaintiff Christopher M. Reeser, Esquire t JOHN STONE AND MARY ANN IN THE COURT OF COMMON STONE, HIS WIFE, PLEAS, CUMBERLAND COUNTY, PLAINTIFFS PENNSYLVANIA V RADISSON PENN HARRIS HOTEL AND: CIVIL ACTION - LAW CONVENTION CENTER; PENN LODGE : NO. 05-4727 PARTNERS, L.P., D/B/A RADISSON: PENN HARRIS HOTEL AND CONVENTION CENTER; AND HMC HOSPITALITY MANAGEMENT CORPORATION, DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: JOHN STONE TAKEN BY: DEFENDANTS BEFORE: DONNA E. GLADWIN, REPORTER NOTARY PUBLIC DATE: FEBRUARY 2-7,2007, 10:54 A.M. PLACE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 401 ADAMS AVENUE SCRANTON, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, P.C. BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANTS ALSO PRESENT: MARY ANN STONE 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 • Fax 717.540.0221 0 Lancaster 717.393.5'101 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NAME JOHN STONE BY MR. REESER WITNESS EXAMINATION EXHIBITS STONE DEPOSITION EXHIBIT NO. 1. PHOTOCOPIES OF PHOTOGRAPHS 2. HANDWRITTEN STATEMENT 3 PRODUCED AND MARKED 25 54 3 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. JOHN STONE, called as a witness, being duly sworn, testified as follows: MR. REESER: I'm going to start with Mr. Stone, if that's all right with everybody. MR. KOSIK: Okay. DIRECT EXAMINATION BY MR. REESER: Q Mr. Stone, we were introduced a few minutes ago. My name is Chris Reeser. I'm the attorney form the Penn Harris Hotel and the affiliated companies or entities who've been named as defendants in this lawsuit which are all related to the hotel. Okay? A Um-hum. Q I'm going to ask you some questions about the slip and fall that you had. I think it was February 11th, 2003. A Yes. Q And the injuries that you are claiming as a result 5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 is 16 17 19 19 20 21 22 23 24 25 Q It's important that you answer questions verbally, yes, no, I don't know as opposed to um-hum, hum-um, you know, shrugging your shoulders like this, or nodding your head, things that we might do in ordinary conversation. And I might understand what you mean if you -- if you nod your head like this, but it's not really clear to the court reporter who's taking down everything that you say as to what you meant. All right? A Yes. Q So if -- if I hear an um-hum or an hum-um, probably everybody in the room will try to correct you just to remind you that you -- we want you to say yes or no just so we're clear as to what you have to say. All right? A Yes. Q If you don't understand a question that I ask you, don't feel like you're insulting me by saying, hey, I don't understand you. You're going to have to clarify that. All right? A Yes. Q I don't want you to answer any questions that you don't understand. This isn't -- this isn't a quiz for you to try to figure out what's in my mind. I want you to understand the questions before you answer it, and I'll be glad to try to restate it or rephrase it until I get it right so that you do understand it. Okay? 6 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q If you think you know the answer to a question that I'm asking the minute I start the question, I want you to refrain from answering it until I'm completely done with the question or until you think I'm completely done with the question. And I'm going to try to let you finish your answer to the question before I start another question. And the reason for that is that two of us talking over one another makes it very challenging for her to type both of us talking at the same time, and it doesn't make for a clear record when Mr. Kosik and I go back and take a look at what was said during the course of this deposition. All right? A Yes. Q All right. You're seated next to your wife, correct? A Yes. Q My experience has been that husbands and wives, especially husbands and wives who've been married for a long time, tend to want to answer for each other. So I'm going to ask you, and actually I'll ask you, Mrs. Stone, to refrain from answering the questions that are asked of your husband, all right? My guess is once or twice you're going to do it anyhow just because that's what happens. If you don't know 7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 the answer to a question, but you think that your wife may know the answer, all you have to do is tell me, my wife may know the answer to that question or she probably knows the answer to that question, because I'm going to have an opportunity to ask her some questions as well. All right? A Yes. Q Or maybe, you know, you could say to me, can I ask my wife? I just don't want to get in a situation where we're having a big round table discussion where everybody's talking at the same time. This is your deposition as opposed to a group deposition, okay? A Yes. Q If you want to take a break for any reason, let me know, whether it's to use the restroom, whether it's to talk to Mr. Kosik, whether it's just to stretch your legs. I noticed at the beginning you were kind of wrestling in the chair a little bit to get your back comfortable. If you just want to get up and stretch, let me know. All right? A Yes. Q If you feel comfortable answering questions by standing up as opposed to sitting down, that's not a problem for me. So if you want to stand up and keep going, that's fine as well. Okay? A Yes. 8 I 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 Q We'll probably be -- I'll probably be asking you questions somewhere around an hour, an hour and 15 minutes if that gives you some time frame of when you need a break. If it's been a half hour and you think, oh, boy, we have another half hour, I'm going to need a break, that probably gives you some idea. A Yes. Q Could you give me your home address, please? A 230 Spudeno Road, S-P-U-D-E-N-O, Moscow, Pennsylvania, 18444. Q And Moscow is east of Scranton? A Yes. Q In Lackawanna County? A Wayne County. Q Wayne county. About how far east of Scranton is it? A About 19 miles. Q How long have you lived in Moscow? A All of my life. No, 60 years. Q How old are you now? A 69. Q Okay. Did you go to high school in Moscow or thereabouts? A No, sir. Q Where did you go? 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 A Western Wayne, which is now -- Lake Area Elementary, which is now Western Wayne. I went to 9th grade. Q Okay. MR. KOSIK: Chris, just for your knowledge, Moscow is really his post office box. I know I'm from up here, and we would never consider where he lives Moscow. BY MR. REESER: Q Okay. Okay. Is there a town -- if you tell somebody where you're from, somebody locally where you're from -- A Hamlin. Q I'm familiar with Hamlin. That's -- Route 6 goes through there? A No. Q No? MR. KOSIK: 191. THE WITNESS: 191 and 590. BY MR. REESER: Q It's kind of close to Lake Wallenpaupack? A Yes. Q All right. And you're married obviously. How long have you been married? A I'll be married 45 years the 28th of this April. Q All right. And do you and Mrs. Stone have 10 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 children? A Yes. Q How many? A Two. Q How old are they? A My wife better answer that because I can't remember. Q All right. Can you tell me what years they were born? A 1962 and 1965. Q Okay. So they're both adults now? A Yes. Q Do either of your children live in Northeast Pennsylvania? A Yes. Q Where? A Near the same address. Q Near the same address? A Yes. Q Okay. What are your children's names? A John L. Stone is my son, and Jacqueline Ann Vass, V-A-S-S. Q All right. Are you employed presently? A Yes. Q How are you employed? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm self-employed. Q And what are you self-employed in doing? A I'm a painting contractor. Q How long have you been a painting contractor? A All of my life. Q All your life takes you back -- takes me -- my way of thinking would mean since you've been out of school? A Yes. Q Okay. And you said that you went up to the 9th grade? A Yes. Q So you would have been what, about 14, 15 years old when you stopped going to school? A No, I think I was around 16. Q 16, okay. And after you left school you started working as a painter? A Yes. Q Okay. How long have you been self-employed as a painter? A 20 some years. Q All right. Do you have a -- a name for your business? A Yes, sir. Q What is that? A Jack Stone & Son Painting & Decorating. 12 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I understand the painting. Where does the decorating come in? Is that hanging wallpaper, or is there more to it than that? A Yes, yes, wallpaper. Q Does your business do anything beyond painting and hanging wallpaper? A Yes. We texture ceilings. I don't. Q Your son does that? A Yes. Q I'm assuming by the name of the business your son is either your partner or -- A Yes. Q -- you work with your son? A Yes. Q Which one is it? Is he your partner? A No. My son works for me. Q I see. And how long has he worked for you? A Oh, God. Since he got out of college. Q Okay. Sounds to me like he's probably in his early 40s based upon the dates of birth that you gave us? A 44 or 45. I'm not sure. Q So he's probably been out of college 22, 23 years, something like that? A Yes. Q And he went right to work with you after he 13 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 graduated from college? A Yes. Q Are you working full time right now? A I go to work every morning, but I can only work up to 1, 2:00, and then I'm beat. I just can't take it no more. So I just hang around. Q Okay. I use that term full time. That probably -- that's probably an unfair term to use because it means different things to different people. What would you consider full time work for you? A Eight hours a day. Q All right. Monday through Friday? A Yes. Q 7 to 3 or 9 to 5 or whatever? A Yes. Q Whatever people want to work, okay. You say right now you go to work every -- every morning, but you can only work until 1, 2:00 and then you're beat? A Yes. Q What time do you start right now? A 8:00. Q And you work five, six hours a day? A Yes. Q And when you go to work with your son I assume you go to work with your son; is that correct? 14 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 A Yes. Q What do you -- what types of things are you doing right now when you go to work? A I do trim work, doors, windows. Q Okay. And does your son take care of the larger spaces, the walls? A Yes. Q The ceilings? A Yes. Q Is that the way that you always worked with your son? A No. Q How has that changed? Or what's changed I probably should say? A I used to be able to roll ceilings and roll side walls. I can't do it anymore because I can't get my arms up that high. Q Okay. Do you -- did you have -- before you had the incident where you fell in 2003 did you have a date in mind when you intended to retire? A Never. Q Okay. Do you have a plan in place in which you are going to sell the business to your son or your son is going to assume ownership of the business? A I have no intentions of selling it or giving it 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 away until I die. Q Have you ever had any other employees other than your son? A I did have a couple of subs a few years back, five, six, seven years ago. Q Before this incident? A Oh, yes. Q You haven't hired anybody since -- A No. Q -- that time? MR. REESER: Off the record for a minute. (Discussion held off the record.) MR. REESER: Maybe we should put that on the record then so we're clear. We just had an off-the-record discussion, and my understanding in speaking with Mr. Kosik is that a wage loss claim is not being made as a component of this lawsuit. And that being the case I'm not going to ask questions about business income and personal income that Mr. Stone gets as part of his painting business. Are we in agreement on that? MR. KOSIK: Yes. BY MR. REESER: Q All right. Mr. Stone, before this incident in 2003 it appears to me in going through your medical records that you had not been to the doctor for any reason in some years? 16 4 ' 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 A No, sir. Q Is that a fair statement? A Yes, it is. Q Okay. You did not have a -- what most people would consider a family doctor? A No, sir. Q All right. So I think it's Gerald Nealon who you've been seeing since February, 2003. He's not somebody that you saw before that time? A No, sir. Q All right. Before 2003 could you tell me as to the best of your recollection when it was the last time that you went to see a doctor? A I can't tell you. I do not know. Q Okay. Even as a young person, you know, in your teenage years or even before that were you ever injured or did you ever require any kind of medical treatment which sent you to the hospital? A I did go to a doctor when I was a young boy. I had hepatitis. That was it. Q Okay. A That I can remember. Q Are you a veteran? Were you in the service? A No, sir. Q I understand you've been self-employed for over 20 17 i 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 years. Before you were self-employed did you work as a painter for some other business? A Yes. Q Okay. And I would assume that that would have been another 20, 30 years that you worked for somebody else before you went out on your own? A 33 years. Q 33 years. Did you work for the same employer for 33 years? A Yes. Q Who was that? A Buck Hill Falls Company. Q Where is that based? A Buck Hill Falls, Pennsylvania. Q Okay. Obviously I don't know where that is or I wouldn't have asked that question. I'm assuming Buck Hill Falls is somewhere near where you live? A It's about 19 miles from where I live. Q Okay. And is that a painting contractor as well? A No, sir. It's -- it was a resort hotel. Q Oh, all right. What was -- I'm sorry. What was the name of the business again, Buck Hill Falls? A Company. Q Company? A The Inn at Buck Hill Falls. 18 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Q Is that a Pocono resort? A Yes. Q Did you paint for them? A I was a painter, and then I became paint foreman. Q Okay. So I'm guessing that you would paint the rooms, go around and paint the hotel rooms that needed to be refreshed? A Yes. Q Okay. During the time that you worked at the Inn at Buck Hill Falls did you ever suffer any injuries? A No. Q Did you ever make a workers' compensation claim? A No. Q Have you ever made a claim for any type of disability benefits whatsoever? A No. Q Prior to 2003 did you ever have any problems with your back or neck? A No, sir. Q All right. The records make reference to -- and not to embarrass you, but it's obvious that you have what's referred to as a port wine stain or a reddish mark on your right cheek? A Yes, sir. Q Have you had that your entire life? 19 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q To your knowledge has that caused you any -- any pain? A No. Q It's simply a discoloration? A Yes. Q Okay. There is reference, and I know it's part of the claim so I'm going to ask you some questions about it, to your experiencing some drooling and a droop of your face -- A Yes. Q -- since the incident occurred. Did you ever have any problems such as that before the incident? A No. Q As I look at you it appears as if your -- your upper lip there's a little bit more swelling to your right if you look at the center line of your lip. And then go to the right of the upper lip it appears to be more swelled than the left side. Do you understand what I A Yes, I understand. Q -- am talking about? Did your lip appear that way before 2003? A Can I ask my wife? Q Sure. Yeah, actually you can. A I don't pay any attention to what I look like. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Yeah, you can. THE WITNESS: Was it big like that? MRS. STONE: It had to be. It's always been that way. BY MR. REESER: Q Okay. Would you -- would you agree with your wife, given the fact that you probably don't know one way or the other, that your appearance hasn't changed? A I guess. She's always right. Q Good answer. Okay. Do you recall why you were in the Harrisburg area in 2003? A Yes. Q What were you there for? A I was going to the Eastern Sportsman Show with my daughter. Q Was it just you and your daughter, or were there other people or family members who were going? A Other family members. Q Who else? A My wife. Q Anybody else? A No. Q Is -- was your daughter married at the time? A Yes. Q Was her husband with you? 21 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q Okay. Grandchildren? A No. Q The Eastern Sports Outdoor Show, is that -- A Yes. Q That's at the Farm Show Complex? A Yes. Q You -- had you been there before, other previous years? A Yes. Q Had you stayed at the Penn Harris before? A No. Q This was the first time that you would have stayed there? A Yes. Q Do you recall if the -- if the fall occurred on the 11th of February, do you recall what day it is you would have checked into the Penn Harris? A Monday, I believe. Q Okay. Can you put a date on that, the 9th, the 10th? A The 10th. Q Okay. The day before you fell? A Yes. Q About what time of day did you check in? 22 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I -- I can't remember. Q Okay. A I believe it was the afternoon. Q Typically hotel check-ins are in the afternoon. So you think it was at a usual time? A Yes. Q Do you recall what the weather was like -- A Clear. Q -- when you got there, when you got there the day of the -- the day before the incident when you checked in? A Nice. Q Nice? A Yes. Q Do you recall whether there was any snow on the ground from perhaps snow a week before or two weeks before? A Yes. Q If you could estimate for me, do you recall how many inches of snow would have been on the ground? A I can't do that. Q Okay. When you got to the Penn Harris was the parking lot cleared of ice and snow? A Yes. Q Were the walkways cleared of ice and snow to the best of your knowledge? A Yes. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. When you checked in do you recall going to the front desk to find out what your room assignment was? A No. Q All right. When you say no, does that mean you don't recall or you didn't do that? A I didn't do that. Q All right. Who did that? A My daughter. Q Did you stay in the car while she did that? A Yes. Q After she got the room assignment did you have to drive your car to park close to where your room was? A No. Q You left the car where you initially parked it? A Yes. Q All right. Did you walk in -- when you carried your bags in did you walk in to the main entrance of the hotel? A No. Q Where did you walk into? A That side door. Q The -- is it the same side door where your -- A Yes. Q -- fall occurred? A Yes, yes. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when you walked into the hotel did you carry -- did you carry your bags in yourself? A No. Q Who carried your bags in? Do you recall? A My daughter carried one. I carried, I think, a shopping bag. And my wife carried her little overnight bag. Q Did you have any -- did you have some kind of suitcase or overnight bag that you took in? A No, just a shopping bag. Q What was contained in the shopping bag? A I can't remember. Q Did you bring a change of clothes with you? A Yes. Q Okay. Where was that? A In the suitcase that my wife had. Q I see. So you travel in one suitcase? A I was only staying one night. Q Well, if I travel with my wife it's two suitcases for her. So that's why I'm asking. When you went in, just for identification purposes -- just take that one. Mr. Stone, you're looking at two photographs, which we'll mark as Exhibit 1. I realize that those are not photographs that you took. They were taken, I believe, by somebody from the Penn Harris's insurance company. But can you -- do those photographs appear to show the -- the doors 25 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 that you used to get in and out of the hotel when you were at the Penn Harris? A Gee, I don't know if that's the door or not. (Photocopies of photographs were produced and marked as Deposition Exhibit No. 1.) BY MR. REESER: Q I'll tell you what, why don't we cross reference it with some photographs that Mr. Kosik has provided me? A That is a ramp there. I can't see well. I guess it is. That's the door. Q Okay. A I'm sorry. Q When you walked in that door you mentioned a ramp. You have to go up a small ramp to get to the door? A Yes. Q When you walked in the door do you recall there being any ice or snow on -- anywhere near the door -- A No. Q -- on the cement walkway? I'm not talking about in the grass. A No. Q Okay. On the day that you checked in did you observe any water dripping from this -- this overhang? A No. Q Do you recall seeing any salt as if it appears as 26 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if the sidewalk had been salted somewhat recently? A No. Q Okay. To your knowledge when was the last time it snowed before the day of your fall? A I can't remember when it snowed down there. Q Okay. Do you know whether it snowed at any time between the time that you checked in and the time that your fall occurred? A No, it didn't. Q Okay. What did you do after you checked in on the 10th? A Went in the room. And I don't even think we went out to eat that night. Q Okay. Did you go to the Farm Show that day? A No. Q Does the -- I think that event runs from -- I don't know if it runs from a Sunday to a Saturday. A Saturday to a Sunday. Q Saturday to a Sunday, okay. And you got there on a Monday? A Yes. Q And the show was going on when you got there? A Yes. Q But you didn't go on the -- on the 10th? A No. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. How long did you plan on staying? A One day. Q One day. So you were going to stay overnight and then go on the 11th to the Farm Show building -- A Yes. Q -- for the -- to the Outdoor Show, and then you were going to travel back home that evening? A Yes. Q Okay. A I'm going to stand up, okay? Q Sure. Do you need to take a break, or do you want to keep going? A (Shakes head from side to side.) Q Do you recall leaving the building for any reason after you checked in, the hotel building I mean? A Not to my knowledge. Q Did you eat dinner at the hotel? A I believe we ate before we went to the hotel. Q Okay. And as far as you recall it didn't snow at all that night? A No, sir. Q Do you know if it rained at all? A No, sir. Q Nothing -- no hail, sleet, no adverse weather conditions? 28 1 2 3 4 s 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, sir. Q Were you paying particular attention to the weather just so you knew what the weather was going to be like the next day? A Not really. Q When you woke up the next morning about what time was it? A Seven or so. Q All right. It would have been daylight at 7:00? A Yes. Q Okay. When you looked out the window did the weather appear to be clear that morning? A Yes, sir. Q And what time did you plan on going to the Outdoor Show that day? A It doesn't open up until 10, so we had no hurry. Q Okay. What did you do after you woke up? A Took a shower, got dressed. And then I carried bags out to the car, and that's when I fell. Q Okay. About what time was it that -- that your fall occurred? A Between 8 and 9, somewhere around there. Q All right. What bags were you carrying at the time? A Two overnight bags and my little shopping bag. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All of the bags that your family had brought in the day before? A Yes. Q If you could describe the overnight bags for me? A (Indicating.) Q Okay. You're holding your hands? A Well, like -- like a travel thing you put on the airplane. Q Okay. About two feet wide and, I don't know, a foot and a half high, something like that? A About this long (indicating). Maybe this wide (indicating). And that thick (indicating). Q Okay. A That's all -- I don't know much about bags. Q I'm just trying to get a feel for, you know, how -- whether it was more of a back pack or whether it was bigger than that and what the dimensions of it were. So a rectangular shaped bag? A Yeah, yes. Q And were they both the same size? A Yes. Q All right. How were you carrying them? Were you carrying them by the handles or a shoulder strap? A Two handles. Q Okay. What about the shopping bag, where did you 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have it? A I don't remember what hand, but I had it in one of the hands with the -- Q Okay. As you walked out of the door did you have the -- the suitcases down around your waste or hanging down around your knees? A Like this. (Indicating.) Q Okay. You're -- for the record you kind of have your elbows -- your arms to your side and your elbows bent a little bit? A I can't say for sure. Q Okay. A All I know is I was carrying them. Q You knew you were carrying them to your sides? A Yes. Q In carrying the suitcases did that block your vision at all of what was in front of you? A No. Q All right. As you walked out -- as you first walked out the door of the -- the hotel building can you recall whether it was sunny out or whether it was overcast? A It was clear. Q Clear, okay. And when -- when you first walked out and you -- and you saw that ramp that comes from the door down towards the parking lot did it appear to be dry to you? 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I really didn't pay any attention. I just looked straight ahead. Q Okay. What were your eyes focused on as you were walking out of the building? A There was a lady putting something up on top of the car over the parking lot. Q Somebody that you knew? A No. Q What was she -- what was she doing specifically, if you can recall? A I don't know. She was doing something up on top of her car. I don't know what it was. I can't remember. Q Any particular reason that you were focused on that? A It was the fi rSf thinrr T cac, n whcn T cu=l L,-A door. Q Okay. How far was your car from the doorway? A Oh, 40, 50 feet. Q All right. As you walked out -- as you would have walked out of the door would your car have been to your -- to your -- it would have been to your right as you're walking out the door? A Yes. Q So to get there would you have had to walk out of this side -- walk down this sidewalk where the ramp is and 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then continue on a sidewalk, or would you have just gone across the parking lot? A I come out of this door, and I would have continued to walk out the parking lot, and right down here was my truck. Q Okay. As you were walking out of the door of the hotel were you looking around to see where your truck was? A I seen it the minute I opened the door because it was right there catty-corner. Q Okay. Did you pay any attention to the -- what was on the ramp or what was on the sidewalk as you were walking out the door? A No, I had no reason to because, you know, it was bare. Q Okay. A Except for that spot. Q Now, you've provided me with some photographs, or your attorney has provided me with some photographs. I only have one copy of them. I don't know if you brought a separate copy. MR. KOSIK: I didn't bring copies. I have the originals. BY MR. REESER: Q Okay. Well, they are documents 121 to 128 in response to Defendant's Request For Production of Documents. 33 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'll just refer to them that way instead of attaching them. Mr. Stone, I'm going to show you two photographs that have been provided to me by your attorney. Do those two photographs show the spot that you slipped on? A Yes, sir. Q Okay. When were those photographs taken? A The same day as I fell. Q About what time? A You'll have to ask my wife. She took the pictures. Q Okay. Describe for me what happened. A I opened -- pushed the door open, and I pushed it with my foot too. And I went out, and I seen that lady over there. And I was just curious wondering what she was doing, and it just happened. I just went boom. And I fell and hit the back of my head, and I hit right here. (Indicating.) Q Where's right here, if you can describe where right here is? A Right down here I hit on my -- like on the corner of my hip and my back right here. (Indicating.) And I was, you know, out of it for -- I don't know how long. Anyway, I was out of it for a little bit. And then I went to get up, and I still didn't see that darn ice, and I fell forward. And when I fell forward I run my face in the -- down here. And I tried to break my fall with my hands, and I busted my hands up. And I showed the people that at the 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hotel. Q Okay. Let me break that down a little bit now that you've kind of given me a general description. When you walked out the door you opened it with your foot? A My shoulder and my foot. Q Your shoulder and your foot? A My right side. I opened it, and I pushed against it with the suitcases. Q So you kind of turned sideways? A Yes. Q And which door did you open? Did you open the right door or the left door as you were -- A I can't remember. Q And then you would have just started to walk in a normal pace? A Yes. Q Do you know which foot came out from under you? A No, I don't. Q Was it one foot or was it both feet that came out? A I can't remember. All I know is I went down. Q And you described landing kind of on your back and your hip, and I think you meant your left hip? A Yeah, right here I hit. (Indicating.) And then, first of all, the bottom of me hit right here. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Indicating.) And then my head hit -- hit a heck of a shot. And it just made me sick to my stomach, boom, just like that. Q Okay. When you -- when you slipped did you -- did your head go straight back? A Yes, I went (indicating). Q Did your feet come up in the air? A Yes. Q Do you recall your foot sliding more -- sliding towards the left or sliding towards the right? A I can't remember. Q Okay. Would it be fair to say then that you struck kind of the back of your head down towards your neck? A Oh, yes. Q Were you laying flat on the ground for a while? A Yes, I was. Q Do you know how long? A No. Q Do you know if that woman who you described as loading something on the top of her vehicle saw your fall? A When I was trying to get back up she hollered over at me, can I help you, sir? Q Okay. A But she never come over. Q Okay. And you don't know who that woman is today? 36 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 A No, I don't. Q To your knowledge were you knocked unconscious? A I don't know. Q Okay. You said that you got an immediate sick feeling in your stomach. Did that happen before the second fall or after the second fall? A When I was trying to gather myself up after the second fall. Q Okay. A I was sick then. Q All right. What -- if you can remember it, describe for me everything that you tried to do to get yourself together and stand up between the first fall and the second fall. A When I fell the first time I -- I just had this -- I don't know. It's something just happened to me. And I grabbed ahold of that post trying to get up, and then my feet went out from underneath me again. And that's when I fell forward that time. Q Okay. And when -- I think you indicated to me earlier that when you fell forward your head struck in the area that would be flat in front of the ramp? A No, I think -- I think my head was back here. (Indicating.) Q Okay. Your head would have been above the ice spot 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 closer to the door? A Yes. Q The second time that you struck your head? A No. The second time I fell I did come forward on that one. Q Well, oh, all right. Okay. So just so we're clear, the first time you struck your head in an area above the spot? A Yes. Q And closer to the door? A Yes. Q The second time it was in front of the spot closer to the parking lot? A Yes, yes. Q Okay. And the second time that you fell you fell forward and you tried to brace yourself? A Yes. Q With your hands? A Yes. Q And where on your -- on your head or face did you strike the ground? A I hit right just flat. Q Did your nose hit? A Yes. Because that's when my glasses flew off. Q Okay. Were there any cuts to either your nose, 38 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your forehead, your eyes? A I had a little abrasion right there. (Indicating.) Q Okay. Were your glasses damaged? A I think one side of my glasses was broke, yeah. Q Okay. MR. KOSIK: Chris, just for the record I think he was indicating the tip of your nose. THE WITNESS: Yes. BY MR. REESER: Q Oh, thank you. The glasses that you had on, obviously they're prescription glasses? A Yes. Q Okay. Bifocals? A Yes. Q Do you recall when they were -- when the prescription was last updated before you fell? A I think right before that I was to the eye doctors. Q Who's the eye doctor who prescribes your glasses? A Dr. Kenneth Phillips. Q Where's he located? A Waymart. Q Do you know the name of his ophthal - optom -- optometrical practice? A No. MR. KOSIK: There's probably not more than one in 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Waymart though. THE WITNESS: No, there isn't. BY MR. REESER: Q Oh, okay. What did you do after you got up the second time, after you fell the second time? Were you able to get yourself back up again? A I gathered all my thoughts, and I didn't pick up anything. I just turned around, and I went back to the room. It took me a while to get there. And I told my wife and daughter that I fell. Q Okay. After the second time that you fell did you then realize what it was that caused you to fall? A No. Q Okay. You still didn't see the ice spot? A No. Q All right. When you went in and told your wife and your daughter that you fell did you bring the bags in with you? A No. Q You just left them there? A Yes. Q How far a walk was it from where you fell to the room? A I think that was the third room on the left, if I'm not mistaken. 40 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. So you just had to walk through a lobby and then -- A No lobby. Q It was just a hallway? A You walked in and made a left. Q Okay. Did you stay in the room for a while, or did you come right back out? A No. I stayed in there for a couple of minutes. Q Okay. I think there was some indication in one of the records that you got physically sick -- A Yes. Q -- after you fell? Did that happen in the room itself? A Yes. Q Did that happen before you went back out? A Yes. Q Okay. Did you -- you mentioned an abrasion to your nose, and I think you said you cut up your hands a little bit? A Yes. Q Anything that required Bandaids, stitches? A No. Q All right. Were you bleeding or were you cut in any other part -- on any other part of your body? A No. 41 1 2 3 9 5 6 7 a 9 10 11 12 13 19 15 16 17 1E 19 20 21 22 23 29 25 Q What about your hip and your back? Did you have any scrapes from falling? A No. Q Okay. Did that area bruise at some time, you know, a day'or two after you had fallen? A I had a little black and blue, yes. Q Was that on your hip, on your back? A Between my hip and my back. Q Okay. While you were in the room after your fall did either your wife or your daughter go out to investigate what happened? A No. Q Okay. They stayed in the room with you? A With me. Q All right. Approximately how long did you stay in the room? A Oh, I can't remember. Q Okay. Less than a half an hour? A Yes, I would say so. Q All right. Then what happened? A I went back out. As I walked in the door there was a maid or somebody -- a lady standing there that worked there. And I told her, I just fell out there, and I think I fell on ice. I'm not sure. So I looked out the door, and I told her, right out 42 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 there. And I went into the room then. And then when I come back out of the room there was a busboy there, and he was talking to the lady. Q The lady who you had told that you had fallen? A Yes. And he said, sir, can I help you? And I said, yes. So we went out the door, and he picked up all of my stuff and carried it over to the truck for me. So I went back in, and he came to the room and told me that I have to go to the front desk to file a report. Q Okay. And when you went to the front desk -- well, strike that. Before you went to the front desk did you then go out and take a look at the spot that you fell on? A I can't remember that. Q All right. Did you speak with somebody at the front desk about what had happened? A Yes. Q Do you remember if it was a man or a woman? A I think it was a woman. Q Did the woman hand you any type of form to fill out? A Yes. Q Okay. Did you, indeed, fill out the form? A Yes. Q Okay. Were you asked whether or not you wanted to go to the hospital or have an ambulance called? 43 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 A To be honest with you, I can't remember, but I think -- I'm not sure. Q Okay. Specifically do you recall what you told the woman at the front desk? A I can't remember what she told me, but I told her -- she wanted me to do something, but I can't remember what it was. And I said, look, lady, all I want to do is go. Q Okay. Did she say anything about she knew that the ice spot was there or how it got there or what would be done about it? A No. She -- when I -- I told her, I said, I believe it was that ice out there. And I said, you should have somebody take care of it before somebody else gets hurt. I remember telling her that. Q Okay. A She said she'd have maintenance take care of it immediately. Q All right. How long were you at the front desk, a couple minutes? A Oh, yeah, yes. Q Were you there by yourself, or were you accompanied by any member of your family? A No, I was there alone. Q And then after you were done with your business there did you then walk back to your hotel room? 44 1 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 A Yes. Q How were you feeling at that time? A Terrible. Q Describe for me how you were feeling terrible? A I still had that sick feeling in my stomach. Q Okay. A And I had terrible, terrible headache, unbearable headache. Q When you told the lady at the front desk that you just wanted to go, what did you mean by that? You wanted to go home or you wanted to go to the -- the show? A I think I told her, look, I just want to go home. Q Okay. Did you give any consideration to going to the hospital before you -- before you went home? A No, sir. Q All right. When you actually left the hotel -- well, strike that. When you were at the front desk reporting the incident did you also check out of the hotel or did somebody else take care of that? A My daughter. Q Okay. When you left to get in your truck and go home did you walk out that same ramp that you had the fall on? A Yes. Q All right. At that time did you see the spot on 45 1 2 3 4 s 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which you fell? A Yes. Q All right. And these photographs that I referred to, these are the photographs that are documents 121 to 128. Do those photographs accurately reflect what the spot of ice looked like at the time of your fall? A Yes. Q Now, when you were exiting the building for the final time did you see anybody from the maintenance department of the hotel? A No, sir. Q Did it -- did it appear as if anybody had done anything to address the problem? A Nothing. Q Did you grab anybody or seek anybody from the maintenance department and ask whether or not they were going to take care of it before you left? A I didn't. Q To your knowledge, since you didn't see any ice spot like that when you checked into the hotel and to your knowledge it didn't rain, sleet, snow during the course of the night, do you have any knowledge as to where that spot came from? A Yeah. It come out of the rain gutter. Q The rain gutter area. You're pointing up, meaning 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the rain gutter up above? A Yes. Q From looking at Exhibit 1 it would be the -- the black rain gutter above the -- above the white? A There was a copper rain gutter above it. Q Okay. How do you know that? A I know copper rain gutters. I work with them all the time. Q No, I'm sorry. Bad question. How do you know that the water which caused the ice spot came from the rain gutter? A It was right underneath the seam in the rain gutter. Q Okay. Did you actually see water dripping from the rain gutter? A No, sir. Q Did you see a crack or a hole in the rain gutter which would have indicated to you that water was -- would have been dripping through it? A No, I didn't. Q Okay. So you're assuming, based upon the ice spot in relationship to where the rain gutter was, that the ice must have been formed by water dripping from the gutter? A Yes. Q To your knowledge did anybody else witness water 47 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 falling from the rain gutter that day? A I don't know. Q Okay. When these photographs were taken you were not present? A No. Q Okay. MR. KOSIK: Chris, just to clarify. I counted the photographs, because I was surprised that the pages were not numbered. I believe the 121 through 128 actually references -- because there are eight photographs. So the first photograph on the first page would be 121, 122. And I think those are the ones we've actually referred to today. MR. REESER: Okay. And I think the only photographs I had Mr. Stone look at were actually 121 and 122. We never got any further than that. MR. KOSIK: Correct. BY MR. REESER: Q Okay. Did you speak with anybody from the Penn Harris other than I believe it was a maid that you saw in the hall after you fell, the busboy, and the person at the -- at the front desk who you reported your fall to? A Some lady called me on the phone. Q Okay. Was this somebody from the hotel or somebody from the hotel's insurance company? A It must have been the hotel's insurance company. 48 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. I know that you've given a statement where you were -- where you were asked about the incident and it was tape recorded. You're aware of that? A I know I talked to somebody, but I don't know who it was. Q Okay. Are you aware that you gave a statement that was tape recorded? A Yes. Q Okay. Was that the phone conversation that you're referring to? A Yes. Q Okay. Did you have any other contact with any other person from the hotel or an insurance company representative of the hotel? A No. Q All right. Since the day of your fall have you ever been back on that property for any reason? A Yes. Q When was that? A I went and took a picture of the -- the front entrance because I was advised to. Q Okay. When did that occur? A I can't remember. MR. KOSIK: Chris, I'm going to guess, based upon the bate stamp on the photograph, that that day may have 49 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 been June 13, 2003 if the camera was set properly. MR. REESER: Okay. I don't know if I have that or not. I probably do. MR. KOSIK: I think you do. It's in some of the other photographs. But -- MR. REESER: Oh, all right. MR. KOSIK: Do you know if that was set properly on the camera? It has a date on the camera. THE WITNESS: She's the photographer. BY MR. REESER: Q Okay. So when you went back Mrs. Stone took the photograph -- A Yes. Q -- at that time was well? A Yes. Q All right. So you traveled down together? A Yes. I was advised to. Q Okay. Do you recall whether it was in the summer, or at least in the spring when that happened? A It was in the -- in warm weather. Q Okay. Other than that time when you went down to actually Camp Hill to take the photograph have you been on that property for any other reason? A No, sir. Q Is it fair to say that you never made it to the -- 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the Outdoor Show? A I made it to the Outdoor Show. Q Oh, did you? Okay. A Yes. Q How long were you there? A Not very long, a few hours. And I couldn't take no more, so they took me home. Q What time did you arrive there? A Oh, 10:00, I guess, right around there when they opened. Q Um-hum. How long did you stay then? A We were on our way home before one, or around one. Q How long do you think you would have stayed if you would not have had this episode? A Oh, all day. I love it. Q Okay. Do you recall whether you had lunch there before you left? A No. At the Sportsman Show? No. Q Yes. A No, I couldn't eat. Q That's what I was getting at. Was your stomach still upset? A Yes. Q I've never been to the Outdoor Show, but I mean, I'm familiar with the Farm Show complex and how it's layed 51 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 out. There's a lot of different displays, and you walk around from one display to the other? A Yes. Q Were you able to walk around under your own power? A I went to the main exhibit hall, and that's where I spent my time. I sat down on them benches they have there for a little bit until I felt a little better. And then I go and look at some of the outfitters, and then I find another place to sit down. Q Okay. Did you still have the same headache that you had when you were at the hotel? A Yes. Q Did you take anything for it? A Yes. Q What did you take? A I think it was Advils. Q Did that help you at all? A A little bit, not much. Q Okay. What about your -- your hip or your back? Was that bothering you at all on the day that you were -- when you were going around the Farm Show? A It was sore, but it didn't pain me real bad. It pained me, but not that bad. Q Okay. Was the headache the primary problem? A Oh, you bet. 52 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. When you drove home, or when you left to go home, who drove? A My daughter. Q Who drove down? A My daughter. Q Was it her truck? A Yes. No, it was my truck. She drove my truck. Q All right. Any reason that she drove your truck as opposed to you driving your truck when you came down? A I don't like to drive. Q All right. When you got home -- I'm assuming it takes, I don't know, two to three hours to get from Harrisburg to -- A Yes. Q -- Hamlin? A Yes. Q Did you make any stops before you got home? A Yes. Q Where did you stop at? A Exit 27. Q Exit 27? A It's a truck stop there. MR. KOSIK: I think that's the old numbering system. THE WITNESS: Yes, it is. 53 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 BY MR. REESER: Q That would be the Manada Hill exit? A Yes. At Pilot. Q I know exactly where you mean on Route 39. Okay. What did you stop there for? A To go to the bathroom. Q Anything else other than to just go to the bathroom? A No. Q And then from Exit 27, which I think is now 77, up until the time you got home did you make any other stops? A No. Q How were you feeling when you got home? A Terrible. Q All right. Did you seek any medical treatment the day of the incident after you got home? A No. Q Did you plan on working, I guess it would have been Wednesday, the 12th? A Yes. Q Did you work Wednesday, the 12th? A I don't think I worked on Wednesday. I did on Thursday. Q Okay. Why didn't you work on Wednesday? A Because I was hurting. 54 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. MR. KOSIK: Chris, I don't want to interrupt you, but are you done on liability? MR. REESER: Yeah. MR. KOSIK: Before you were done I want to ask him a question about something I have in my file. MR. REESER: Go ahead. MR. KOSIK: Could I walk out with you a second? (Recess taken from 11:48 to 11:55.) MR. REESER: I'm not sure where we left off, but I am going to go back to this for a second. Mr. Stone, while we took a broke Mr. Kosik provided me a copy of a handwritten statement that you made. And for what it's worth I'm going to mark it as Exhibit No. 2. (Handwritten statement was produced and marked as Deposition Exhibit No. 2.) BY MR. REESER: Q I don't know that I have any specific-- I might have some questions for you later about it, but at this time I'm just curious as to when you made that -- when you wrote that out. A It was after I talked to the insurance lady. Q Okay. Without going back and pulling the statement it seems -- my recollection is that that -- that the insurance lady talked to you probably two or three weeks 55 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 after you fell? A I can't remember, sir. Q Does that sound -- A I really can't tell you the truth. I can't remember that. MR. REESER: See if Mike can find it. I have it here somewhere. MR. KOSIK: I got every one but his. I know I have his too. MR. REESER: Here we go. I have it. Okay. Mike, I have it. MR. KOSIK: Okay. BY MR. REESER: Q Well, it looks to me, Mr. Stone, like this was a Denise Lunz, L-U-N-Z? A Yes. Q That's who spoke with you. And she says on 2/18, which would be a week after? A Yes. Q Does that sound about right to you? She would have spoken to you about a week afterwards? A I presume so. Q Okay. And then you created this document shortly after you spoke with her? A Yes. 56 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. What was your reason for -- for creating that document at that time? A Because I -- to be honest with you, I don't know. I guess it I wrote it for my own protection. Q Okay. At the time that you wrote this document then had you been to a doctor or to the hospital, sought any medical treatment at all? A To be honest about the whole situation, I went to the hospital, but I can't remember what day. I can't tell you. I think I went to CMC or Mercy, one of the two. I can't remember. Q Okay. I think it was CMC, and I can't remember the date either. I should pull that out as well. Okay. It looks like you went to CMC on the 23rd, which would have been five days after you talked to Ms. Lunz. A I can't remember that. Q Okay. So you don't know whether you wrote this before or after you went to the hospital? A I can't to be honest. Q Okay. Around that time frame, a week or so after the incident occurred, or when Ms. Lunz called you, how were you feeling physically? A No good. Q All right. Why no good? A Well, I began to hurt then. 57 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q- Can you describe for me where you began to hurt? A Well, my -- I don't know whereabouts in my head, but the back of my head and come over -- felt like it come over into here. (Indicating.) Q Into your forehead? A Yeah, come across like. And I had pain in there, and this hand was tingling all the time. (Indicating.) And it still does yet to this day. Q Your right hand was tingling? A Yes. Q When did that start? When did the tingling in your hand start? A A couple of weeks after. Q Okay. A couple weeks, I mean, as opposed to one week? One week after did you have the tingling in your hands? A Well, at first I didn't realize what it was. I just thought my hand was asleep. But then it stayed with me. So maybe three weeks. Q Okay. That's when you noticed it for the first time, about three weeks after? A No, I noticed it before that, but I just thought my hand was asleep from holding it a certain way. Q Let me ask you the question a different way so you and I are clear as to what I'm trying to get from you. When 58 1 2 3 9 s 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 did you notice for the first time that you were having the tingling in your hands? A Oh, just a couple days. Q After you fell? A Yes. Q Okay. And the tingling that you noticed a couple days after you fell, is that similar to the same tingling that you have in your hand today? A Yes. Q Okay. To the best that you can, could you describe it for me? A I get a pain that goes across my shoulder, down my arm to about right here. (Indicating.) Q Okay. Now, I'm going to have to put into words what you just did. Your ran your finger over the top of your right shoulder and then down your arm to about -- A Right here. (Indicating.) Q Just about where your wrist starts? A Above my wrist. Q Okay. And do you have that all the time, or does that come and go? A No, I have that all the time. Q Okay. And do you have the numbness and the tingling all the time -- A Yes. 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q -- in your hands? Okay. Now, a few days or a week after the fall occurred did you have pain anyplace else other than the headache and the numbness in your hand and the pain down your arm? A Yes. Q Where else? A My lower back and my hip. Q. Okay. And did you have that pretty much right after, the day after the accident? A About two days, two days, three days maybe. Q Okay. Around the same time that you noticed the pain in your hand? A Yes. Q Has that gone away? A No, sir. Q Has that gotten worse over time? A It's gotten worse. Q Okay. MR. KOSIK: Chris, I'm not clear for the record. He was pointing to his hand when he was talking about the tingling, and I know he described the pain above the wrist. Just so we're clear, I think he is talking about the numbness in the hand; is that correct? THE WITNESS: Yes. MR. KOSIK: Okay. Right hand. 60 1 2 3 9 5 6 7 s 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 BY MR. REESER: Q Yeah, okay. And you're kind of pointing to your thumb. You rubbed your finger over your thumb? A Right here. (Indicating.) It just goes to them joints. Q The -- kind of the top point in each finger? A Yes. Q That's -- does the pain shoot up your hand to those joints? A No, sir. Q That's where you have it, just the numbness -- A Yes. Q -- in those knuckles or joints as you described them? A The ends. Q Okay. A They're all asleep. Q Okay. All five fingers? A Yes. Q All right. Has any of the doctors that you've seen described for you what it is that is causing that? A I understand a nerve. Q Okay. Do you know anything more specific than that? A They tested me for carpal tunnel. 61 .+ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And that was negative, right? A Yes. Q All right. Beyond that are they attributing it to something in your neck? A Yes. Q Okay. And what were you told about your neck? A Dr. Costello told me, she said, John, you're never going to get better. You're only going to get worse. Q Okay. Did she tell you why -- what it was that was never going to get better? A No, sir. Q But, I mean, I would assume at some point you said to Dr. Costello, why am I having this numbness in my hand? A Yes. Q Okay. And she said it's something with a nerve? A Yes. Q Did she ever give you a better description than that? A No, sir. Q Okay. How did you get to Dr. Costello? Did you get a referral from somebody? A Yes. I -- I'm not sure. I think it was Dr. Nealon. Q Okay. A I'm not sure on that though. Somebody sent me 62 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 there though, but I can't remember. Q Now, it looks like you've been to Dr. Nealon a number of times -- A Yes. Q -- since this fall. What have you been going to Dr. Nealon for? A He gives me medicine for it, for the pain. Q What type of medicine has he given you? A It's a pain pill called -- it starts with a P. Q Percocet? A Yes. Q Has he given you any other type of medication? A No, sir. Q Other than giving you medication is there anything -- what does he do when you go to see him? A Takes my blood pressure. He pushes on my back and on my neck. Q Okay. Has he described for you what he thinks is causing the numbness in your hand? A No, sir. The only thing he said to me when I first went there, he thought I had a broken neck. Q Okay. Did he send you for x-rays after that? A I can't remember. I go to -- they send me all the time. Q All right. Has any doctor, Dr. Costello, Dr. 63 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Nealon, Dr. Lilik, has any doctor recommended to you that you may need surgery? A Yes. Q Or suggested to you? Who's told you that? A Dr. Costello, the neurosurgeon. Q Now, my understanding is Dr. Costello is a neurologist, but not a neurosurgeon? A She must operate. There's people there in her office with holes in their neck where she went through and done work on the back of their neck. Q Okay. She's a surgeon then? A To my understanding, yes. Q What did she tell you with regard to the possibility of surgery? A All she said was, John, down the road you're going -- I'm afraid -- I quote her words. She said, John, down the road I'm afraid you're going to have to have surgery. Q And did she describe what the surgery would be? A No, sir. Q Is it your understanding though that the place where the surgery would be done would be in the neck, the cervical spine? A I don't know whether it was my neck or my lower back. Q Well, did she tell you what problem a surgery would 64 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 address? A No, sir. And I don't ask because I don't want to know. Q I have a record from a Dr. Holla. A Yes. Q It looks like Dr. Nealon sent you there. Would that be correct? A Probably. I'm not sure. Q And Dr. Holla's report is dated August 14 of 2003. Do you know why you were sent to Dr. Holla? A No. I was just told to go there, and he wanted to give me, I guess, injections. And I'm scared to death of a needle. I pass out, and I just can't take a needle. I'll die before I take a needle. And I told him, I said, I'll think about it. And when I come home from vacation, if I want it done, I'll do it. Q Do you know at least where he wanted to inject you? A No, sir. Q Did you only see Dr. Holla one time? A Yes. Q Has Dr. Costello also suggested to you that she would give you injections? A Yes. Q Okay. And I assume that you've refused those? A Yes. I won't take a needle. 65 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What did Dr. Costello want to inject you for? Do you know? A No, I don't. Q Do you know where she wanted to inject you? A' I think -- I remember -- I think she said in my neck or something. Q And do you know if that was -- A I'm not sure. Q -- to deal with pain in your -- or numbness in your hand? A Oh, I don't know. Q Do you still have the headaches sometimes? A I got one right now. I could sit here and cry. Q Are you still taking Percocet for pain? A Yes. Q How often do you take that? A Three times a day. Q And that's under the prescription of Dr. Nealon? A Yes. Q Does it feel better after you take the Percocet? A It eases it to a certain extent. Q It looks like in Dr. Lilik's records that he recommended that you discontinue the Percocet? A Well, I don't know. I didn't see them. They went to Dr. Nealon and Dr. Costello. 66 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 19 19 20 21 22 23 29 25 Q Okay. Do you recall Dr. Lilik telling you that he thought that you should taper off of the Percocet, meaning that you reduce your dosage until you're not taking it anymore? A I can't remember. It's been so long. Q How did you get to Dr. Lilik? Do you remember going to see Dr. Lilik? A Yes. Q Okay. How did you get to him? A Dr. Costello. Q So you saw Dr. Costello first, and then she made the referral to Dr. Lilik? A Yes. Q Do you recall what specific problem Dr. Costello wanted Dr. Lilik to see you for? A No. I just took a prescription. I don't know. Q Do you remember what recommendations he made, you know? A No, I don't know that. Q When was the last time you saw Dr. Lilik? A I can't remember that. I have to go back and see him though. I was just to his office the other day, and they tested me for carpal tunnel to see if that's what my problem was, and I was clear. And the doctor had to go to the hospital in an emergency. So they rescheduled me for -- 67 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think it's May 30th or April 30th. I can't remember. Q Okay. It doesn't -- off the top of my head it doesn't look like you've seen him in the last year. Does that sound accurate to you? A To be honest I can't remember when it was. I don't remember. MR. KOSIK: Before the most recent appointment? BY MR. REESER: Q Before the most recent appointment? It doesn't sound like you saw him the other day? A Oh, no, no. It was a while. But how long I don't know. Q Okay. What, if anything, is Dr. Costello or Dr. Nealon or anybody else that you're seeing doing to help ease the -- the headaches and the pain in your arm? A They sent me to physical therapy. Q Okay. And it looks like from the records I have you went to physical therapy sometime in 2003 -- A Yes. Q -- after your fall? And then you've been there again more recently? A Yes. Q All right. The first time that you went did physical therapy make you any better? A No. That's -- I told the doctor, I said, I just 68 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can't take it from them. So they quit it. And then Dr. Costello sent me back last year or this year, I can't remember. And I -- I called her up and told her, I just can't take it from them. Q Okay. What kinds of things did they have you doing at the physical therapy? A Well, they put electrical shocks on me, which I didn't mind. That kind of helped me a little bit. And then they would work my -- my neck and my back, and I just couldn't stand the pain. Q When you say work it, what do you mean by that? A With their fingers. Q Massage? A Yes. Q Did they have you doing any types of exercises at all? A I couldn't do it. I tried it. Q Okay. The last time you were in physical therapy about how many times did you go before you stopped? A Oh, I can't remember. They did -- Dr. Costello had -- or they suggested Dr. Costello would give me a prescription for a TENS, and I used that for, oh, maybe a month, but it don't help me no more. Q Where -- where did you use the TENS for, your neck or your back or both? 69 1 2 3 4 s 6 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They had -- it's a double one. I had two little square pads I put down here. (Indicating.) And one on each side of my head up here. (Indicating.) Q You put one down around your hip or your lower back? A Two of them down there, one on each side. Q Two of them, okay. A And then two here. (Indicating.) You know, it -- the pain is worse than what the sting is. And I kept it up anywhere from 42 to 50. Q Okay. A On the numbers, you know. Q What's the max -- what's the highest number? A I don't know, sir. Q Okay. A I couldn't tell you. Q I don't know how they work, so -- A It felt good at first for a couple days, but then after that it was just like I had nothing on. Q How often were you using it? A I was using it all day long. Q All day long. What would you say bothers you more, the headaches and the pain down your arm and the numbness in your hand, or your low back? Is one worse than the other? A Yeah. My lower back, I say, is really hurting me 70 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right now very, very bad. Q Okay. What have they done for your low back to address -- the doctors that you've seen, what have they done to try to ease the pain in your low back? A Nothing. Q Has the physical therapy ever addressed your low back at all? A Yes, a little. Not too often. Q Did they do the same types of things with the electrodes and the massage? A One time with the electrodes. Q That didn't help you at all? A No. Q Have you tried a chiropractor at all? A Dr. Costello sent me to a doctor up in Clarks Summit. Joe something was his name. I went there the first night, and he didn't do much to me. The second night I went there and he got working on me, and I thought I was going have to call my wife to come and get me. I couldn't stand it. And I called Dr. Costello, and she said don't go back. Q All right. So was he doing the manipulations where he cracked your back? A No, he didn't try to crack my back. He just put me on a table that was standing straight up and down, and then he layed me down in it. And I can't lay down. I can lay 71 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 r 25 down for maybe an hour, hour and a half, and then I -- it's just so bad I can't stand it. Q Okay. So presently you're not in physical therapy, right? A No, sir. Q You're taking the Percocet? A Yes. Q Are you taking any other medications at all? A No, sir. Q All right. How often are you seeing Dr. Nealon? A Once a month. Q And that's basically to get a refill on the prescription? A Yes. Q All right. And how often are you seeing Dr. Costello? A Well, I seen her, I can't remember, a month or so ago. Q Yeah, looks like the beginning of February, February lst? A Probably, yes. That's around there being right. Q And do you have an appointment scheduled with her to see her again? A Not until I go to Dr. Lilik.. Q Okay. Has either -- have any of the doctors 72 1 2 3 4 5 6 7 a 9 10 11 12 13 19 15 16 17 19 19 20 21 22 23 29 25 Y explained to you why you're still having the headaches? A I guess because of the -- my back of my neck. Q What about the back of your neck? A There's something the matter with it. Q Okay. And you're just not clear as to what that is? A No, no. I don't understand them doctor's terms. Q All right. Have you seen any other doctors, or call them medical professionals, chiropractors, physical therapists? A No, no. Q We've covered everybody that you've seen so far? A Yes. Q All right. Now, the other issue that has come up as part of your claim is what has been described as a facial droop. Are you familiar with what I mean by that? A Yeah, my -- my lip dropped. Q Okay. It -- having not seen you before today, and certainly not having seen you before 2003, it's hard for me to know what you looked like beforehand. Would you have photographs at home? A I might have. Q That were taken, you know, 2001, 2002? A I imagine there's some there, yeah. Q Okay. Now, if you could describe for me what's 73 1 2 3 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 different, what would you say is different? A I can't say about my looks. The only thing that is different is that I -- I drool all the time. Q Okay. During the day while you're awake? A Oh, yeah, all the -- constantly. I drool. It just runs out of me. I can't feel nothing. Q You have a numbness in your -- in your cheek or in your lip? A No. I can feel, you know, but it just comes out. I can't control it since this happened. Q When did that start? When was the first time you noticed that? A Immediately. Q The -- the next day or -- A Yes, the next day. Q Okay. Did you report it to Dr. Nealon when you -- when you went to see him for the first time? A I told the doctor in the hospital, and the doctor in the hospital said it looked like you had a stroke. And then they tested me for that. Q Right. A And they said I didn't. Q Okay. Has anybody given you an explanation as to why that's occurring? A No, sir. 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I'm assuming you've asked? A Yeah, I did ask, but I never got a -- I never got a real answer. Q Okay. Is there -- to your knowledge has there been any medication prescribed to you that would stop that from occurring? A No, sir. Q How often does it occur where you, you know, you have saliva coming out of your mouth? A All the time. All the time. I'm ashamed -- my wife and I love to go out and eat, and I'm afraid to go out because it just runs down my face and I don't know it. Q I don't mean to embarrass you, but it's part of the case. I mean, if you were to eat a sandwich at lunch, what happens? A The food comes out of the corner of my mouth. Q While you're chewing, while you're moving your mouth up and down? A Yes. Q What about if you're taking a drink of water? A If I'm not careful, it's all over the front of me. Q Will the water come out the side of your mouth? A Yeah, right there. (Indicating.) Q Does it feel any different on the side of your mouth? 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, no. I can pinch myself, and I can feel it. I feel everything there. Q Okay. Now, correct me if I'm wrong, but I guess, you know, you don't feel as if you look any different than you did before the incident in 2003? A Yeah, I do. Q You do feel you look different? A I would -- well -- Q Other than the fact that you're a couple years older and we all look different as we get older? A Yeah. I'm very conscientious because of my birth mark, and with this drooling it really, you know, mentally it bothers me terrible. Q I guess what I'm trying to figure out is I'm -- do you think your cheek sags more than it did before, before the fall occurred? A No, it's the same -- I -- to my knowledge I don't think I ever had it before, the sag in my face. Q Okay. A You know, I can put up with that, but I can't put up with the drooling. Q All right. A I tried putting cotton in there to keep it from doing it, but it don't help putting cotton. Q Have any of the doctors made any suggestions as to, 76 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not medications necessarily, but ways that you can prevent that from happening? A No, no. Q Have any of the doctors told you that it -- it's related to the birth mark and blood flow in your cheek? A No. Q Have any of them told you that it's not related to that? A No. Q Have any of the doctors told you that it's as a result of the fall that you had, the fall that occurred in 2003, that you're having the drooling and the facial droop? A I think Dr. Costello and the doctor in the hospital said it might have come from that. Q When did Dr. Costello tell you that? A I can't remember. I'm no good at stuff like that. Q All right. A I can't remember anything since I've had this fall. Q Well, that kind of goes to your next subject matter, which is I think you've indicated you've had a couple episodes of amnesia -- A Yeah. Q -- since the fall. And I'm not sure exactly what that means. So could you describe for me what happened? A Well, I get in the car and I'm driving, and I wind 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up where I don't know where I'm at. But I can always remember my home phone, and I call my wife up, and she had to send my daughter and my son-in-law for me. Q Where have you ended up? A I was coming from Lowe's one day, and I wound up down in the City of Scranton. And I don't know how I got there. I don't remember going there. Q Where was the Lowe's at, which Lowe's? A Up in Dixon City. Q Okay. A I've had a couple of them incidents. Q Okay. A couple, two, three? A Three, three that I can remember. Q When? A But I get confused and I'm driving down the highway and I know I want to go this way, but I go this way. And I know that's happening, but I just can't control myself to go that way. Q Is this because your mind's on other things? A No, no. I know where I went to go, but I just can't go there. Q Um-hum. Does it happen with things other than driving, or does it -- A Yes. Q How else does that happen? 7s 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, at work it happens a lot too. You know, I'll want to use oil based paint on trim, and I'll wind up putting latex in a pail and starting with that. And my son has to tell me, hey, Dad. Q Okay. Has there ever been anything that happened at home which concerned you, such as leaving a stove on or A I don't do any cooking. Q -- leaving water running? A I do that. I leave water running, yeah. Q Is that something that you always did, or is that something that's happened recently? A No, no. Q I mean, other than -- obviously when you're driving a car there's always a risk of injuring yourself? A Yeah. Q Have you done anything around the house or at work where you thought, oh, my gosh, if somebody wouldn't have caught me, I could have been very seriously injured? A No. The only thing I did that was real bad was that I changed the oil in my truck, and I forgot to put the oil filter on. And I was backing out of the driveway, and I -- I looked and seen the stuff -- I didn't even know I changed the oil. The stuff was all sitting right there. Lucky I didn't ruin my motor. 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Have you talked to the doctors, any of or all of the doctors, about these episodes of amnesia? A I just told them about it was all. Q Okay. I'm assuming you haven't been given a clear explanation as to why it's occurring? A No, sir. Q Okay. When you go to work in the morning how do you feel? A The same as when I go home at night, terrible. Q You say that you quit usually around noon, 1:00, 1, 2:00? A 1, 2:00. Q Okay. And when you quit you -- it's just because you can't take it anymore? A I can't take it no more, no. Q But at 8:00 the next morning do you feel any better? A No, I really force myself. Dr. Costello said to me, she said, John, you're amazing. She said, I don't know how you get up to go to work in the morning. Q How long has it been that -- that you've cut your work back from 40 hours a week to it sounds like about 20 to 25 hours a week? A Two years. Q Okay. So that goes back to 2005? 80 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 A Yeah. Q Okay. Between 2003 and 2005, okay -- A I could see myself going downhill. Q All right. Well, let's talk about the first six months after the accident, after you fell. Did you go back to working 40 hours a week painting? A Yes, but I -- I didn't -- I didn't do the things that I did prior to that. Q Okay. What things did you not do that you did prior to that? A I could roll walls. I could roll ceilings. I could texture ceilings. I could spray ceilings. I can't do any of that no more. Q Did you pretty much stop all those things when you got hurt? That was it, you stopped rolling walls? A After that I just got to the point where I couldn't do it anymore. Q What happens when you try to roll a wall? A I can't get my arms up there to use the roller. Q When you lift your arms up, at least when I use a roller -- well, if it has the stick attached to it I lift it up with two hands. Do you lift it up with two hands when you do that? A I have to because I have no strength in this hand. Q When you lift up the paint brush or the stick 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 holding the paint brush with both hands where do you have the paint? A Both places. Q Both? A I can't move my neck back because if I move my neck back, I get dizzy if I try to go back or I try to go forward, and I can't turn to my left. So that's why I just had to give it up. You know, I'm doing the best I can, but I have to work, and I want to work. Q What other things besides work are you limited in doing? A Well, my son has a farm, and I always bailed hay and farmed with him. I can't do any of that anymore. I can't even plow my own driveway with my four wheeler because I can't -- I'm out there for two minutes, five minutes and I have to get off of it because I can't stand the pain in my lower back. And I can't -- I have a home in West Virginia, and I -- I'm just out of it when I get down there. And I asked the doctor why, and she said it's -- the worst thing for you to do is ride in the car she said because your back is going like this when you're in a car. Q It's being jarred or jostled? A Jarred, yeah. And just like sitting in this chair, I'm in agony. 82 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Well, like I said at the beginning, if you need to take a break or if you want to get up. A No, I'm all right. I'll stick with it. Q All right. How far a drive is it to your home in West Virginia? A Five hours. Q Where in West Virginia, what town? A Hardytown in West Virginia. We live outside of a village called Lost River, West Virginia. Q Before your fall how often would you go down there? A Every couple of weekends. Q How often do you go now? A Twice a year, if that. Q What did you do down there? What was your form of recreation when you went down there? A Hunting, fishing. Q Okay. Have you been a hunter most of your life? A Yes, sir. Q Do you still get a hunting license? A I have a lifetime license. Q Have you been hunting the last -- A Yes. Q -- three years? A Yes. I go out for a little while. I live on a farm. I go out there by my house and stand for a little 83 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 while-until I can't take it, and then I come home and rest for a little while and go back. Q I assume you're a deer hunter? A Oh, yeah. Q Have you shot a deer in the last three years? A Yes, one deer. Q Were you able to drag it out of the woods? A No, sir. I can't. Q Who helped you with that, your son? A My son. I have a cell phone and a radio that I take with me just in case. Q What happens when you shoot a gun? Does that affect -- A It kills me. It kills me. Q What kind of gun do you shoot? A 243. I got the lightest caliber I could get. Q Did you have to get a lighter gun after you got injured? A Yes. Q What did you shoot before that? A A 270 and a 30.06. Q What about -- are you a fisherman? A Oh, yeah. Q Can you still -- can you still go fishing? A No, I don't fish no more anymore. I own a eight 84 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 acre lake and excellent bass fishing, and I haven't fished that in over two years. Q Do you golf at all? A No. Q Did you ever? A No. I can't see chasing that little white ball. Q Okay. Did you have other hobbies other than hunting and fishing -- A No. Q -- that you used to spend a lot of time doing? A No, just hunting and fishing. Q What about things that you and your wife used to do? Are there things that you used to do? I know you mentioned you don't like going out to eat anymore. A We used to travel a lot, travel to Europe and stuff. And she likes to go on cruises, but I won't go anymore. Q When was the last time you went on vacation with your wife? A You'll have to ask her. I can't remember. Q Okay. Do you remember the last vacation you went on, what you did? A I think we went to Europe the last vacation we was 24 on. 25 Q Where? 85 I f 1 2 3 4 s 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A We went to Amsterdam, Sweden, Holland, Belgium, Germany, Austria, France, and Italy. Q I assume that was a couple of weeks at least? A No, eleven days. Q Eleven days? A Riding on the bus I -- I just couldn't do nothing at night time. I just went to the hotel and got in an easy chair. And I like doing that stuff, but I can't do it no more. Q Do you have grandchildren? A Yes. Q Okay. How old are they? A My granddaughter is going to be eight, and my grandson is going to be four. Q Are there things that you feel you can't do with them? A Yes, very much so. Q What things are they? A I can't go fishing with them. And my grandson loves to go and shoot his BB gun even though he's only four years old. But I just sit there at the house, you know, and shoot with him. I can't go down the pasture in the woods with him. I'm afraid of slipping and falling, you know, hurting myself. Q Are there any other things that you feel you can't 86 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do that you would be able to do if not for the back pain and the neck pain? A I hate to say this in front of everybody, but I can't sleep in my bed with my wife. Q You mentioned that it's uncomfortable for you to lay down? A I can't. Q How do you sleep? A I sleep in a recliner. Q Okay. And how long have you been doing that? A Since day one. Q Since you had the fall? A Yes. Q Are you -- do you sleep well? A No, I don't. I don't. That's why I'm so agitated at home all the time. Q All right. Do you take any type of sleep aid? A No. The doctor wanted me to take sleeping stuff, Dr. Costello, and I'm not one for taking pills. Q Okay. How many hours a night will you sleep? A Just a couple. Q Okay. A You know. Q What bothers you when you're sleeping? Is it everything? 87 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I got to keep getting up all the time because of my back and the back of my head. That aches 24 hours a day, my head. Q Anything else that you can think of that is something that has affected your life since you've had this fall? A You know, I could sit here and give you a million things, but they're irrelevant, I guess. Q Well, if they're important to you, they're not. A Well, just about everything that I could do before I can't do now. Q Okay. A You know, I just can't do it. I used to like to take my four wheeler. I have 50 acres of land, and I used to like to go four wheeling. I can't do that no more. I have farm tractors my son uses. I like to bail hay. I like to rake hay. I can't do any of that because I can't sit in the tractor. Q Does somebody else now tend to your farm and do all the things that you used to do? A My son. My son and his wife and my daughter and her husband help. Q Have you ever hired anybody, outside help -- A No. Q -- to do any of those things? 88 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 A No. Q Have you had to hire anybody for your business? A No. I can't trust anybody in the work I do. Q Okay. Who's paying the medical expenses that you have for the treatment? Is it -- A My Medicare. Q Is it Medicare? A And me. I pay the co-payment. Q All right. Is there any private health insurance company? A No, sir. Q Okay. It's Medicare, and then you pay the co-pay? A Yes. MR. REESER: Have you been receiving letters from Medicare? I don't know, Mike, maybe you've been receiving letters from Medicare about a lien? MR. KOSIK: I think we have received notification of a lien. I know we typically contact them once we know that they've paid bills. I don't know if I have those here though. MR. REESER: I'm curious as to what the amount is. MR. KOSIK: Well, I won't say it's current, but I know that what we have that Medicare paid was just shy of 5,000. MR. REESER: Okay. I was just looking for a ball 89 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 park figure. MR. KOSIK: If you need a break, we can take a break. BY MR. REESER: Q And I might very well be done. A It's just I hurt so darn bad. I ain't going to tire or anything. Sorry for being that way. Q I want to ask you about something that's in Dr. Lilik's records. When I asked you when you began to -- to have the drooling out of the right side of your mouth you said immediately, or from day one. Am I correct about that, or am I wrong? A Well, it was right in the first week there that I started to drool. Q Okay. Okay. A Because I -- when I went to the emergency room at the hospital I was scared because of this. And the doctor said there, I think you might have had a stroke when you fell. Q Um-hum. A And then they tested me for that, for having a stroke, and there was no stroke. Q Okay. A But I can't remember everything in detail. Q The reason I'm asking is Dr. Lilik put in his 90 1 2 3 4 s 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 records you noticed it about three to four weeks after the incident. A I can't remember. To be honest with you, I can't remember. Q It could have been right away, or it could have been three to four weeks? A Yeah, I can't remember, you know. Q You're not sure one way or the other? A I'm not sure. Q All right. A I don't want to lie to you and say I did and I didn't, you know. Q Okay. Do you know when you talk -- when you saw Dr. Holla, the neurosurgeon who's on Spruce Street in Scranton, whether you discussed with him the drooling problem? A I can't remember. To be -- I'm going to tell you something. I went there with all these big photos. I put them on this thing. He has a thing on the wall that you put them on. He didn't even put them on the wall. He just fanned through them on his desk and started telling me what he wanted to do to me. I didn't like the man, and that's why I never went back. And that's the truth. Q Okay. A I felt as though he should have put them on the 91 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 screen. Q Have you worn any type of braces, like a back brace or a neck brace? A Yes. I have a thing that goes around me here that I wear to work, and I wear it wherever I go. I don't have it today because it won't fit with my suit on. I have to wear it on the outside. It's a big, wide thing that Dr. Costello sent me for. Q Okay. Did you get that at a medical supply store of some sort? A Yes, yes. Q Okay. And you say you wear it all the time even if you're not working? A I have to sleep with it on. And in a chair because I wouldn't -- like sitting here, if I had that on, it would help me. But at home I -- I go to bed with it on at night time. I have it on all the time. Q Do you wear any type of brace for your neck? A No, sir. MR. REESER: All right. I think that's all the questions I have for you. Thank you. THE WITNESS: Thank you. (Whereupon, the deposition was concluded at 12:38 P.M.) 92 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 COUNTY OF DAUPHIN SS COMMONWEALTH OF PENNSYLVANIA I, Donna E. Gladwin, a Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania, do hereby certify that the foregoing is the testimony of John Stone. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said Reporter-Notary Public, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that I am not a relative or employee or attorney or counsel to any of the parties, or a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. I further certify that the said deposition constitutes a true record of the testimony given by the said witness. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of March, 2007. COMMONWEALTH OF PENNSYLVANIA AV '? A, , Notarial Seal Don4rw_? na E. Gladwin Donna E. Gladwin, Notary Public r Reporter Susquehanna Twp., Dauphin County Notary public My Commission Expires July 22, 2008 Member, Pennsylvania Association of Notaries Multi-Page"` dig -bit JOHN STONE & Is] 1:14 1:17 1:19 11:25 11:25 -0- 05-4727 [1l 1:4 -1- 1 [s) 2:12 13:18 24:22 46:3 79:10 10 [1) 28:16 10:00111 10:54 [1] 10th [4) 21:21 26:11 26:24 11:48 [?) 11:55 [?) 11 th [31 3:23 27:4 121[s) 32:24 47:9 47:11 122 [2) 47:11 128 [3) 32:24 47:9 12:38 [1] 12th [21 53:19 13 [1] 49:1 14 [2] 11:12 15 [2) 8:2 16 [2] 11:14 18444 [1] 19 [21 8:17 191 [2] 9:17 1962 p] lo:lo 1965 [1] 10:1o 1:00[11 79:10 l st [1] 71:20 13:5 25:5 79:12 50:9 1:12 21:22 54:9 54:9 21:17 45:4 47:14 47:15 45:4 91:23 53:21 64:9 11:12 11:15 8:10 17:18 9:18 -2- 2 [31 2:13 54:16 2/18 (11 55:17 20 [41 11:20 17:5 79:22 2001 [1172:23 2002 [1172:23 2003 [1s) 14:19 15:23 16:11 18:17 20:11 49:1 67:18 72:19 76:12 80:2 2005 (2179:25 2007 [211:12 22 [1) 12:22 23 p) 12:22 230 (1) 8:9 23rd111 56:14 54:14 16:25 3:23 16:8 19:22 64:9 75:5 80:2 92:21 24 [1] 87:2 A.M [11 1:12 243 [11 83:16 able [s) 14:15 39:5 25 [21 2:12 79:23 51:4 -83:7 86:1 27 [3) 52:20 52:21 above [8) 36:25 53:10 37:7 46:1 46:4 270 [11 83:21 46:4 46:5 58:19 28 [1) 1:12 59:21 abrasion [21 38:2 28th (1) 9:24 40:17 2:00 [4) 13:5 13:18 accident [21 59:9 79:11 79:12 80:5 acc m ani d p o e [1] -3- 43:21 3 [21 2:4 13:14 accurate [1] 67:4 30 [1l 17:5 accurately [1] 45:5 30.06111 83:21 aches 111 87:2 30th [2] 67:1 67:1 acre {t) 84:1 33 [31 17:7 17:8 acres [1l 87:14 17:9 action (2) 1:4 39 [1] 53:4 92:16 ADAMS [1) 1:14 -4- address [61 8T8 40 [3) 31:18 79:22 10:17 10:18 64:1 70:3 45:13 80:6 addressed [11 70:6 401 [1l 1:14 administer [1) 92:4 40s 111 12:20 adults [1] 10:11 42 [1] 69:10 adverse 111 27:24 44 [1l 12:21 Advils p1 51:16 45 [2) 9:24 12:21 advised [21 48:21 4th (1) 92:21 49:17 aff t 13 83 [1] ec : affected [1) 87:5 5(l] 13:14 affiliated [1) 3:18 5,0001 11 88:24 afraid [4] 63:16 50 [3) 31:18 69:10 63:17 74:11 85:23 87:14 afternoon [21 22:3 54 [1) 2:13 22:4 590 (11 9:18 afterwards [2) 55:21 92:10 _6_ again [s) 36 18 39 17:22 6 [1] 9:13 : :6 71:23 67:21 60 [1) 8:19 against p) 34:8 69 [1) 8:21 agitated pl 86:15 ago [61 3:16 4:7 -7- 4:8 4:18 15:5 7 p) 13:14 71:18 7 53:10 agony [1] 81:25 7: :00 [11 28:9 agree p120:6 agreement [11 15:20 ahead [2) 31:2 54:7 8 [1) 28:22 ahold V1 36:17 8:00 [2) 13:21 79:16 aid [1l 86:17 ain't [1] 89:6 -9- airy) 35:7 9121 13:14 28:22 airplane [1] 29:8 9th [3) 9:2 11:9 alone V1 43:23 21:20 always 171 14:10 20:3 20:9 77:1 -A- 78:11 78:15 81:12 amazing (11 79:19 ambulance [1] 42:25 amnesia [2] 76:21 79:2 amount [1] 88:21 Amsterdam [1] 85:1 ANGINO [1l 1:17 Ann [3] 1:1 1:23 10:21 answer [131 5:1 5:20 5:23 6:2 6:7 6:20 7:1 7:2 7:3 7:4 10:6 20:10 74:3 answering [31 0:4 6:22 7:21 answers [1] 92:9 anyhow 111 6:25 anyplace [1) 59:2 Anyway p) 33:20 appear [s] 19:21 24:25 28:12 30:25 45:12 appearance [11 20:8 APPEARANCES [1] 1:16 appointment [3] 67:7 67:9 71:22 April [2] 9:24 67:1 area [6] 9:1 20:11 36:22 37:7 41:4 45:25 arm (s) 58:13 58:16 59:4 67:15 69:23 arms [4) 14:16 310:9 80:19 80:20 arrive pl 50:8 ashamed[,] 74:10 asleep [3] 57:18 57:23 60:17 assignment [2) 23:2 23:11 assume [s) 4:5 13:24 14:24 17:4 61:12 64:24 83:3 85:3 assuming [6] 12:10 17:16 46:21 52:11 74:1 79:4 ate [1] 27:18 attached 111 80:21 attaching [11 33:1 attention [41 19:25 28:2 31:1 32:10 attorney [6] 3:17 4:18 32:18 33:3 92:13 92:14 attributing [1) 61:3 August [1) 64:9 Austria [1] 83:2 authorized [11 92:3 AVENUE (11 1:14 awake p1 73:4 aware [2) 48:3 48:6 away [3115:1 59:14 90:5 -B- backing V1 78:22 bad [7) 46:9 51:22 51:23 70:1 71:2 78:20 89:6 bag (s) 24:6 24:6 24:8 24:9 24:10 28:25 29:18 29:25 bags pal 23:17 24:2 24:4 28:19 28:23 28:25 29:1 29:4 29:14 39:17 bail [11 87:16 bailed p] 81:12 ball [2) 84:6 88:25 Bandaids [11 40:21 bare [11 32:14 based 151 12:20 17:13 46:21 48:24 78:2 bass [1) 84:1 bate [1) 48:25 bathroom [2) 53:6 53:8 BB [11 85:20 beat [2) 13:5 13:18 became pl 18:4 bed [21 86:4 91:16 beforehand [11 72:20 began [3) 56:25 57:1 89:9 beginning [41 4:19 7:16 71:19 82:1 Belgium p ) 85:1 benches Ill 51:6 benefits V1 18:15 bent p) 30:9 best [4) 16:12 22:24 58:10 81:8 bet [t] 51:25 better [a] 10:6 51:7 61:8 61:10 61:17 65:20 67:24 79:17 between [61 3:2 26:7 28:22 36:13 41:8 80:2 beyond [2) 12:5 61:3 Bifocals 111 38:13 big [41 7:9 20:2 90:18 91:7 bigger (1) 29:16 bills p) 88:19 birth [3] 12:20 75:11 76:5 bit [91 7:17 19:16 30:10 33:21 34:2 40:19 51:7 51:18 Index Page 1 HUGHES ALBRIGHT FOLTZ NATAi_F 717-son-n77nni7_zoz_,gini Multi-PaneTM black - different JORN STONE 66:8 black [2] 41:6 46:4 01000mg [1] block [1] blood [21 76:5 blue [1] 41:6 body [1140:24 boom [2) 35:2 born [11 10:9 bothering [1l bothers [3) 75:13 86:24 bottom [1] box [1] 9:6 boy [2] 8:4 brace [4] 91:2 91:3 braces [1) break 191 8:3 8:5 33:24 34:2 89:2 89:3 bring [3) 32:21 39:17 broke [2] 54:12 broken [1) brought [2) 32:19 bruise [1] brush [21 81:1 40:23 30:16 62:16 33:14 51:20 69:22 34:25 16:19 37:16 91:18 91:2 7:13 27:11 82:2 24:12 38:4 62:21 29:1 41:4 80:25 I Buck [6] 17:12 17:14 17:16 17:22 17:25 18:10 budding 161 27:4 27:14 27:15 30:20 31:4 45:8 bunch 111 4:19 bus [11 85:6 busboy 121 42:2 47:20 business [11) 11:22 12:5 12:10 14:23 14:24 15:18 15:19 17:2 17:22 43:24 88:2 dusted [1] 33:25 -C- Caliber lil 83:16 Camera [3) 49:1 49:8 49:8 Camp 111 49:22 Car [12) 23:9 23:12 23:14 28:19 31:6 31:12 31:17 31:20 76:25 78:15 81:21 81:22 Care [sl 14:5 43:13 43:16 44:19 45:17 (1] 74:21 t) 6Q25 ;1ty (2) 77:6 77:9 ;INIT. (1) 1:4 laim pl 15:16 18:12 18:14 19:8 72:15 C [i) 32:3 Cuts 111 37:25 C0*bVV1W 131 11:3 11:4 17:19 Control [21 73:10 DMA Carried [7) 23:16 24:4 24:5 24:5 24:6 28:18 42:7 Carry [2124:1 24:2 Catryln [6] 28:23 29:22 29:23 30:13 30:14 30:16 case (4] 4:8 15:17 74:14 83:11 catty-corner [ 1l 32:9 Caught (1] 78:19 caused [3l 19:2 39:12 46:10 causing [2) 60:21 62:19 Ceilings 161 12:7 14:8 14:15 80:11 80:12 80:12 Cell (1) 83:10 cement [1] 25:19 center (3] 1:4 1:6 19'.17 certain [2] 57:23 65:21 Certainly [11 72:19 certification VI 3:4 certify (41 92:5 92:7 92:12 92:17 cervical [11 63:22 Chair 1417:17 81:24 85:8 91:14 challenging (1 ] 6:9 Change [1] 24:12 Chad [s) 14:13 14:13 20:8 78:21 78:24 Chasing [1] 84:6 Check [2) 21:25 44:18 Check-ins 111 22:4 checked [a1 21:18 22:10 23:1 25:22 26:7 26:10 27:15 45:20 chwk [41 18:23 73:7 75:15 76:5 clewing 111 74:17 chlldm t2i 10:1 10:13 childm's 111 10:20 chir'opmtor p ) 70:14 chiropractors 111 72:9 Chris (7) 3:17 9:5 38:6 47:7 48:24 54:2 59:19 CHRISTOPHERi11 1:20 Clair[ M, [1) 3:25 CIO* (2) 5:17 47:7 Claru 111 70:15 Clear [161 4:23 5:6 5:13 6:11 15:14 22:8 28:12 30:22 30:23 37:7 57:25 59:19 59:22 66:24 72:5 79:4 cleared [21 22:21 22:23 Close [219:20 23:12 Closer [3) 37:1 37:10 37:12 clothes [1) 24:12 CMC (3) 56:10 56:12 56:14 co-pay i1] 88:12 00-paymcm{1) 88:8 COLEMAN [a) 1:14 1:19 College (31 12:18 12:22 13:1 comfortable [21 7:18 7:21 Coming [2) 74:9 77:5 COMMON [1] 1:1 Conmwww s1l 121 92:2 92:4 Companie3 [1] 3:18 Company {s] 17:12 17:23 17:24 24:24 47:24 47:25 48:13 88:10 Compensation [I] 18:12 complowy 121 6:4 6:5 [2] 21:6 Count [ll 15:16 Concerned [1] 78:6 COUCluded [1] 91:23 Condit [1) 27:25 confused 111 77:15 Cons [1) 75:11 consider [31 9:7 13:10 16:5 consideration [1] 44:13 Constantly 111 73:5 COnatiWeas [1] 92:18 Contact [2) 48:12 88:18 contained [1] 24:10 continue [11 32:1 77:17 [11 1.5 CONVENTIONN [sl Dad[l] 78:4 1:4 1:6 deed [11 38:3 conversation [2] darn (2) 33:22 89:0 5:4 48:9 date €sl 1:12 14:19 cooking 111 78:8 21:20 49:8 56:13 copies (1) 32:21 dated [11 64:9 Copper [2) 46:5 dates 11112:20 46:7 daughter [131 20:15 Copy [3) 32:19 32:20 20:16 20:23 23:8 54:12 24:5 39:10 39:17 Corner [21 33:18 41:10 44:20 52:3 74:16 52:5 77:3 87:21 CORPORATION [11 DAUPHIN [1) 92:1 1:7 daylight [1) 28:9 correct [a] 5:11 days poi 56:15 6:16 13:25 47:16 58:3 58:7 59:1 59:23 64:7 75:3 59:10 59:10 59:10 89:11 69:18 85:4 85:5 CoMll 1241 61:7 deal (1l 65:9 61:13 61:20 62:25 death (1) 64:12 63:5 63:6 64:21 dCCOrating [2) 11:25 65:1 65:25 66:10 12:2 66:11 66:14 67:13 deer [31 83:3 83:5 68:2 68:20 68:21 83:6 70:15 70:20 71:16 76:13 76:15 79:18 dek t [1) 4:10 86:19 91:8 DefendaW's [1) Cotton [2) 75:23 32:25 75:24 defendants [4) 1:7 counsel [31 3:2 1:10 1:21 3:19 92:13 92:14 DEMANDED [1l counted [1) 47:7 1:7 County [6) 1:1 Denise [1l 55:15 4:3 8:13 8:14 DENNEHEY (al 8:15 92:1 1:13 1:19 couple [1s) 15:4 department [2) 45:10 40:8 43:19 57:13 45:16 57:14 58:3 58:6 deposition [131 1:9 69:18 75:9 76:21 2:11 4:6 4:20 77:11 77:12 82:11 4:23 6:12 7:10 85:3 86:21 7:11 253 54:16 Course [3) 4:22 91:23 92:8 92:17 6112 45:21 describe [101 29:4 Court [2)1:1 5:7 33:10 33:16 36:12 owered[1l 72:12 44:4 57:1 58:10 Crack [2) 46:17 63:18 72:25 76:24 70:23 described [71 34:22 cracked [1l 70:22 35:19 59:21 60:13 created 111 55:23 60:21 62:18 72:15 description [2] 34:3 Creating Ill 56:1 7 Cr*!s [1125:7 desk till 23:2 Crlki6es [1) 84:16 42:9 42:10 42:11 Cry[1] 65:13 42:15 43:4 43:18 Cumberland 121 44:9 44:17 47:21 1:1 4:3 90:21 Curious [3] 33:13 detaawil[1) 89:24 54:20 8$:21 die [21 15:1 64:14 curnnt[] 1 88:22 different ;[11l 13:9 Cut [3l 40:18 40:23 13:9 51:1 57:24 79:21 73:1 73:1 73:3 74:24 75:4 75:7 Index Page 2 HUGHES ALBRIGHT FOLTZ NATALE 717-540-02201717-393-5101 Multi-Page TM dimensions - 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numbness DORM CTnNR Inds [1] 68:5 3=05[1] '10:6 new [4] 28:3 30:14 31:7 43:8 mocked [I] 36:2 nowledge [1219:5 19:2 22:24 26:3 27:16 36:2 45:19 45:21 45:22 46:25 74:4 75:17 ]mows [1] knuckles [11 Kosik [30] 3:13 6:11 9:5 9:17 15:21 25:8 38:6 38:25 47:16 48:24 49:7 52:23 54:5 54:8 55:8 55:12 59:25 67:7 88:22 89:2 7:3 60:13 1:17 7:15 15:15 32:21 47:7 49:4 54:2 54:12 59:19 88:17 -L- L [I] 10:21 L-U-N-Z [11 55:15 L.P [I] 1:5 Lackawanna p ] 8:13 lady 110131:5 41:22 42:3 43:7 44:9 54:22 54:25 lake [31 9:1 84:1 land [I] 87:14 landing [I] larger [I] last [121 16:12 38:16 66:20 68:2 68:18 83:5 84:18 84:23 latex [1178:3 LAW [11 lawsuit [31 4:2 15:17 lay [3] 70:25 86:6 layed [21 70:25 laying 111 least [41 49:19 80:20 85:3 leave[i]78:10 leaving [31 78:6 78:9 left (16] 11:15 23:14 34:13 35:10 39:20 40:5 44:16 45:17 50:17 54:10 81:7 legs p1 7:15 33:12 42:4 47:22 9:20 34:22 14:5 26:3 67:3 82:21 84:21 1:4 3:19 70:25 50:25 35:15 64:17 27:14 19:19 34:23 39:24 44:21 52:1 Less [1] 41:18 letters [21 88:16 liability [11 license [21 82:20 lie [1] 90:11 lien [2] 88:16 life [61 8:19 11:6 18:25 87:5 lifetime [1] lift [41 80:20 80:22 80:25 lighter 111 lightest [I] likes [1184:16 Lilik [9163:1 66:6 66:7 66:15 66:20 89:25 Lilik's [21 89:9 limited 111 line [l1 19:17 lip [6] 19:16 19:18 19:21 73:8 live [s] 10:13 17:18 82:8 lived [118:18 lives [l1 9:7 loading [1] lobby [21 40:3 locally [I] located 11] LODGE [1] look [13] 6:11 19:17 19:25 43:7 44:12 51:8 67:3 75:7 75:10 looked [71 31:1 41:25 72:20 73:19 looking [41 32:7 46:3 looks [s1 56:14 62:2 65:22 67:17 73:2 loss [1] 15:16 Lost 11) 82:9 love [21 50:15 loves [1] low [41 69:24 70:4 70:6 Lowe's [31 77:8 77:8 lower 151 63:23 69:4 81:17 Lucky 111 88:14 54:3 82:19 88:18 11:5 82:17 82:20 80:21 83:17 83:16 66:1 66:12 71:24 65:22 81:10 19:17 72:17 17:17 82:24 35:20 40:1 9:10 38:20 1:4 19:15 42:12 47:14 75:4 28:11 45:6 78:23 24:21 88:25 55:14 64:6 71:19 74:11 85:20 70:2 77:5 59:7 69:25 78:25 lunch [2] 50:16 74:14 LunZ [3155:15 56:15 56:21 -M- M f1 1:20 maid [2141:22 47:19 main [2] 23:17 51:5 maintenance[3] 43:16 45:9 45:16 makes [1] 6:9 man [2] 42:17 90:22 Manada [1] 53:2 MANAGEMENT 111 1:6 manipulations [1] 70:21 March [1] 92:21 mark [s] 18:22 24:22 54:14 75:12 76:5 marked [31 2:11 25:5 54:15 married [s] 6:19 9:22 9:23 9:24 20:23 MARSHALL [21 1:13 1:19 MARY [21 1:1 1:23 massage [2] 68:13 70:10 matter [2] 72:4 76:20 matters [11 4:1 max [1] 69:13 may [5] 7:1 7:2 48:25 63:2 67:1 mean [141 5:5 11:7 23:4 27:15 44:10 50:24 53:4 57:14 61:12 68:11 72:16 74:13 74:14 78:14 meaning 131 4:9 45:25 66:2 means [21 13:8 76:24 meant [21 5:8 34:23 medical In 15:24 16:17 53:15 56:7 72:9 88:4 91:9 Medicare [61 88:6 88:7 88:12 88:15 88:16 88:23 medication [31 62:12 62:14 74:5 medications [21 71:8 76:1 medicine [21 62:7 62:8 member p 1 43:22 members [21 20:17 20:18 mentally [1] 75:12 mentioned [41 25:13 40:17 84:14 86:5 Mercy (1] 56:10 MICHAEL [11 1:17 might [a] 4:1 5:4 5:5 54:18 72:22 76:14 89:5 89:18 Mike [3] 55:6 55:10 88:15 miles [21 8:17 17:18 million 111 87:7 mind [3] 5:22 14:19 68:8 mind's Ill 77:19 minute [31 6:3 15:11 32:8 minutes [6] 3:16 8:2 40:8 43:19 81:15 81:15 mistaken (11 39:25 Monday [31 13:12 21:19 26:20 month [31 68:23 71:11 71:17 months Ill 80:5 morning [71 13:4 13:17 28:6 28:12 79:7 79:16 79:20 Moscow [6] 8:9 8:11 8:18 8:22 9:5 9:7 most [41 16:4 67:7 67:9 82:17 motor[I] 78:25 mouth [61 74:9 74:16 74:18 74:22 74:25 89:10 Move [21 81:5 81:5 moving [11 74:17 Mrs [41 6:21 9:25 20:3 49:11 Ms [2] 56:15 56:21 must [3] 46:23 47:25 63:8 _N_ name [71 2:2 3:17 11:21 12:10 17:22 38:22 70:16 named 111 3:19 names 111 10:20 Nealon 1111 16:7 61:23 62:2 62:6 63:1 64:6 65:18 65:25 67:14 71:10 73:16 near [4] 10:17 10:18 17:17 25:17 necessarily 11 76:1 neck [201 18:18 35:13 61:4 61:6 " 62:17 62:21 63:9 63:10 63:21 63:23 65:6 68:9 68:24 72:2 72:3 81:5 81:5 86:2 91:3 91:18 need [61 8:3 8:5 27:11 63:2 82:1 89:2 needed [11 18:6 needle [41 64:13 64:13 64:14 64:25 negative 111 61:1 nerve [21 60:22 61:15 neurologist [I] 63:7 neurosurgeon [3] 63:5 63:7 90:14 never [121 4:5 9:7 14:21 35:24 47:15 49:25 50:24 61:7 61:10 74:2 74:2 90:23 next [7] 6:15 28:4 28:6 73:14 73:15 76:19 79:16 Nice[21 22:11 22:12 night poi 24:17 26:13 27:20 45:22 70:17 70:17 79:9 85:7 86:20 91:16 nod [11 5:6 noon [1] 79:10 normal [I] 34:16 Northeast [11 10:13 nose [4] 37:23 37:25 38:7 40:18 Notary[31 1:11 92:3 92:24 nothing [61 27:24 45:14 69:19 70:5 73:6 85:6 notice 111 58:1 noticed [7] 7:16 57:20 57:22 58:6 59:11 73:12 90:1 notification [1188:17 now [25] 4:2 8:20 9:1 9:2 10:11 13:3 13:17 13:20 14:3 32:17 34:2 45:8 53:10 58:14 59:1 62:2 63:6 65:13 70:1 72:14 72:25 75:3 82:12 87:11 87:19 number [2] 62:3 69:13 numbered [11 47:9 numbering [11 52:23 numbers 111 69:12 numbness [91 58:23 59:3 59:23 60:11 61:13 62:19 65:9 Index Page 5 HUGHES ALBRIGHT FOLTZ NATALE 717-540-022nn 17-141-s 1 n s oaths - 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spoken JOHN STONE ectangular [1] 29:18 eddish [1] 18:22 educe [1] 66:3 educed [11 92:10 Loeser [351 1:20 2:4 3:11 3:15 3:17 9:8 9:19 15:11 15:13 15:22 20:5 25:6 32:23 38:9 39:3 47:13 47:17 49:2 49:6 49:10 53:1 54:4 54:7 54:10 54:17 55:6 55:10 55:13 60:1 67:8 88:14 88:21 88:25 89:4 91:20 eferp] 33:1 eference [3] 18:20 19:7 25:7 referral [2] 66:12 referred [31 45:3 47:12 referring p] refill Ill 71:12 reflect [11 refrain [21 6:22 refreshed [1] refused [11 regard [11 related [4] 4:2 76:5 [21 (1] 47:9 61:21 18:22 48:10 45:5 6:4 18:7 64:24 63:13 3:20 76:7 p146:22 92:12 92:14 remember [501 10:7 16:22 22:1 24:11 26:5 30:2 31:12 34:14 34:21 35:11 36:11 41:17 42:13 42:17 43:1 43:5 43:6 43:14 48:23 55:2 55:5 56:9 56:11 56:12 56:16 62:1 62:23 65:5 66:5 66:6 66:17 66:21 67:1 67:5 67:6 68:3 68:20 71:17 76:16 76:18 77:2 77:7 77:13 84:20 84:21 89:24 90:3 90:4 90:7 90:17 remind [11 5:11 rephrase [1] 5:24 report [3] 42:9 64:9 73:16 reported [1] 47:21 reporter [4] 1:11 5:7 92:11 92:23 Reporter-Notary pl 92:10 reporting [1] 44:18 representative [1] - ,48:14 Request [11 32:25 require [1] 16:17 required [11 40:21 rescheduled [1166:25 reserved [11 3:6 resort [21 17:20 18:1 respective [1] 3:3 response p] 32:25 rest [1] 83:1 restate [1] 5:24 restroom [1] 7:14 result [21 3:25 76:11 retire [11 14:20 ride [1] 81:21 Riding [11 85:6 right [1171 3:12 4:16 4:24 5:8 5:13 5:18 5:25 6:13 6:15 6:23 7:5 7:19 9:22 9:25 10:8 10:23 11:21 12:25 13:3 13:12 13:16 13:20 14:3 15:23 16:7 16:11 17:21 18:20 18:23 19:16 19:18 20:9 23:4 23:7 23:16 28:9 28:23 29:22 30:19 31:19 31:21 32:4 32:9 33:15 33:16 33:16 33:18 33:19 34:8 34:13 34:24 34:25 35:10 36:11 37:6 37:22 38:2 38:17 39:16 40:1 40:7 40:23 41:15 41:20 41:25 42:14 43:18 44:16 44:25 45:3 46:12 48:16 49:6 49:16 50:9 52:8 52:11 53:15 54:1 55:20 56:24 57:9 58:13 58:16 58:17 59:8 59:25 60:4 60:20 61:1 61:3 62:25 65:13 67:23 70:1 70:21 71:4 71:10 71:15 71:21 72:8 72:14 73:21 74:23 75:22 76:17 78:24 80:4 82:3 82:4 86:17 88:9 89:10 89:13 90:5 90:10 91:20 risk p] 78:15 River [ 11 82:9 road [31 8:9 63:15 63:17 roll [s] 14:15 14:15 80:11 80:11 80:18 roller [2] 80:19 80:21 rolling [1] 80:15 room [18] 5:11 23:2 23:11 23:12 26:12 39:9 39:23 39:24 40:6 40:12 41:9 41:13 41:16 42:1 42:2 42:8 43:25 89:16 rooms [21 18:6 18:6 round [11 7:9 Route [21 9:13 53:4 ROVNER [i] 1:17 rubbed [1] 60:3 ruin [11 78:25 run [1] 33:23 running [21 78:9 78:10 runs [4] 26:16 26:17 73:6 74:12 -S- S-P-U-D-E-N-O [?] 8:9 sag [1] 75:18 sags p] 75:15 saliva [1l 74:9 salt[1] 25:25 salted [1] 26:1 sandwich [1] 74:14 sat [1l 51:6 Saturday [3] 26:17 26:18 26:19 saw [al 16:9 30:24 35:20 47:19 66:11 66:20 67:10 90:13 says [1] 55:17 scared [2] 64:12 89:17 scheduled 111 71:22 school [41 8:22 11:7 11:13 11:15 Scranton [s] 1:15 8:11 8:15 77:6 90:15 scrapes [1] 41:2 Screen [1] 91:1 sealing [1] 3:3 seam [1] 46:12 seated [11 6:15 second 1141 36:5 36:6 36:8 36:14 37:3 37:4 37:12 37:15 39:5 39:5 39:11 54:8 54:11 70:17 See [24) 12:17 16:13 24:16 25:9 32:7 33:22 39:14 44:25 45:9 45:19 46:14 46:17 55:6 62:15 64:19 65:24 66:7 66:15 66:21 66:23 71:23 73:17 80:3 84:6 seeing [s] 16:8 25:25 67:14 71:10 71:15 Seek [2] 45:15 53:15 self-employed [s] 11:1 11:2 11:18 16:25 17:1 sell [1] 14:23 selling [1] 14:25 send [31 62:22 62:23 77:3 sent [a] 16:18 61:25 64:6 64:10 67:16 68:2 70:15 91:8 separate [11 32:20 seriously [1] 78:19 service 111 16:23 set [3] 49:1 49:7 92:20 Seven [21 15:5 28:8 Shakes [1] 27:13 shaped [11 29:18 shocks 11l 68:7 shoot 161 00:8 83:12 83:15 83:20 85:20 85:22 shopping [s] 24:6 24:9 24:10 28:25 29:25 shortly [1l 55:23 Shot [2] 35:1 83:5 shoulder [s] 29:23 34:6 34:7 58:12 58:16 shoulders [1] 5:3 show [1$] 20:14 21:4 21:6 24:25 26:14 26:22 27:4 27:6 28:15 33:2 33:4 44:11 50:1 50:2 50:18 50:24 50:25 51:21 showed 111 33:25 shower [11 28:18 shrugging [1] 5:3 shy p] 88:23 sick [s] 35:2 36:4 36:10 40:10 44:5 side [1s] 14:15 19:19 23:21 23:22 27:13 27:13 30:9 31:25 34:8 38:4 69:3 69:6 74:22 74:24 89:10 sides [1] 30:14 sidewalk [4] 26:1 31:25 32:1 32:11 sideways [1] 34:10 signing 111 3:3 3imllar [21 4:20 58:7 simply [11 19:5 sit [s] 51:9 65:13 85:21 87:7 87:17 Sitting [41 7:22 78:24 81:24 91:15 situation [2] 7:8 56:8 Six [3] 13:22 15:5 80:4 size p] 29:20 sleep [7] 86:4 86:8 86:9 86:14 86:17 86:20 91:14 Sleeping [21 86:18 86:24 sleet [21 27:24 45:21 sliding [3] 35:9 35:9 35:10 Slip [21 3:22 4:1 slipped [21 33:4 35:4 slipping [1] 85:23 small [11 25:14 snow [a] 22:14 22:15 22:18 22:21 22:23 25:17 27:19 45:21 snowed [31 26:4 26:5 26:6 sometime [1l 67:18 Sometimes [1] 65:12 somewhatp] 26:1 Somewhere [41 8:2 17:17 28:22 55:7 son [201 10:21 11:25 12:8 12:10 12:13 12:16 13:24 13:25 14:5 14:11 14:23 14:23 15:3 78:3 81:12 83:9 83:10 87:16 87:21 87:21 son-in-law [1] 77:3 sore [11 51:22 sorry [s] 4:17 17:21 25:12 46:9 89:7 sort[1] 91:10 sought [11 56:6 sound [4] 55:3 55:20 67:4 67:10 sounds [21 12:19 79:22 spaces (1] 14:6 speak [2] 42:14 47:18 speaking [1] 15:15 specific [3] 54:18 60:23 66:14 specifically [2131:9 43:3 spend [11 84:10 spent [11 51:6 spine(1] 63:22 spoke [2] 55:17 55:24 spoken [1] 55:21 Index Page 7 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 Sports - vision JOHN STONE Multi-Pap TM so" [t) 21:4 stop [s) 52:19 52:22 tie [2) 48:3 48:7 28:18 33:9 39:9 4:13 5:2 5:10 SpO> n 121 20:14 53`5 74:5 80:14 t# j11C[i [1)66:2 48:20 49:11 50:7 50:11 77:22 89 :l SO (3} 11:13 ften[1) 16:16 54:12 66:16 lye it- tll 44:7 Spot [14132:16 33:4 68:1 80:15 telling [3] 43:14 top [6] 31:5 31:11 1 a1c,(1} 36:25 37:8 37:12 Stops (2) 52:17 53:11 66:1 90:21 35:20 58:15 60:6 86:5 39:14 42:12 44:25 45:5 43:9 45:20 $ [1] 91:9 tend [z) 6:20 87:19 67:2 towards E41 30:25 uncoascivus [ 1] 45:22 46:10 46:21 Stove [1) 78:6 TENS t2) 68:22 35:10 35:10 35:13 36:2 spray [1] 80:12 strai [3) 35:5 70:24 31`2 68:24 town [2] 9:9 82:T under (4) 51:4 65:18 34:18 92:11 spring [1) 49:19 strap [1) 29:23 terms termS [ [1] 13:7 7213::7 $ tractor [1] 87:18 underneath [2l 36:18 Spruce [11 90:14 street [11 90:14 terrible 44:3 tractors [1] 87:16 46:12 Spudeno p] 8:9 strMgth(1} 80:24 44:4 44 44:7 44:7 transcript [1] 4:23 understand [12 15:5 square p] 69:2 stretch [2] 7:15 53:14 75:13 79:9 travel (6) 24:16 5:15 5:17 5:21 SS [1) 92:1 7:18 testedt4l 60:25 24:18 27: 29:7 5:25 5:23 12:1 stain {1) 18:22 strike (31 37:21 66:23 73:20 89:21 1 84:15 84:15 16:25 19:19 60:22 72:7 19 :20 stamp [1] 48:25 42:11 44:17 testified pl 3:9 tM [11 49:16 u>glfatr(1) 13:8 stand [a] 7:23 stroke [41 73:19 testimony 121 92:6 treatt[+] 53:15 56:7 16:17 88:5 [541 7:18 1 7:22 27:10 36:13 68:20 89:18 89:22 8922 92x8 1 trial' 1 3 23 9: 11:9 70:19 71:2 81:16 struck 14) 35:12 texturC [21 12:7 3 13:4 14:16 25:14 82:25 36:21 37:3 37:7 80:12 [6 : tried [61 33:24 36:12 27:10 28:6 28:16 standing (31 7:22 Stuff (7) 42:7 76:16 thank 13) 38:10 37:16 68:17 70:14 28:17 31:5 31:11 41:22 70:24 78:23 78:24 84:16 91:21 91:22 75:23 33:21 33:25 35:7 start (7} 3:11 6:3 85:8 86:18 therapists [11 72:10 trim (21 14:4 78:2 35:21 36:7 36:13 6:7 13:20 57:11 Subject [1) 76:19 therapy[ 71 67:16 truckpl] 32:5 36:17 39:4 7 4 39:6 57:12 73:11 Subs pl 15:4 67:18 67:24 68:6 32:7 42:7 44:21 39: 0:18 45:25 46:1 42:6 53:10 started [41 34:15 89:14 11:15 90:21 such pi 19:13 18:6 68:18 70:6 71:3 52:6 52:7 52:8 52:9 52:7 52:22 60:8 68:3 69:3 starting p] 78:3 92:14 thereabouts p ' 1 8:23 78:21 69:9 70:15 7 70:24 7 suffer M 18:10 they ve p] 88:19 true [?] 92:18 2:14 74:18 5:20 Starts (2] 62 9 58:18 suggested [31 63:4 thick [1] 29:12 trust [1] 88:3 75:21 7T. [ 77:2 : statement [s] 2:13 g 68 :2] thinking pl 11:7 truth 12) 55:4 90:23 77:4 77:5 78:2 79:20 77:9 80:19 4:6 16:2 48:1 suggg estions {1 ) 75:25 thinks pi 62:18 by [9) 5:11 5:22 80:20 80:22 80:22 48:6 54:13 54:15 Suit [11 91:6 third [1] 39:24 5:24 6:6 70:4 80:25 81:8 82:2 54:23 Suitcase [31 24:8 thought [6] 57:18 70:23 80:18 81:6 87:1 stay [s] 23:9 27:3 24:15 24:16 57:22 62:21 66:2 81:6 updated [11 38:16 40:6 41:15 50:11 suitcases [41 24:18 70:18 78:18 trying 161 29:15 upper [x1 19:16 stayed [61 21:11 30:5 30:16 34:9 thoughts [1] 39:7 35:21 36:7 36:17 19:18 21:13 40:8 41:13 SUMM r[11 49:18 three (13} 52:12 57:25 75:14 set p1 50:22 50:13 57:18 Summit [l) 70:16 54:25 57:19 57:21 tunnel [31 60:25 used poi 14:15 staying (2) 24:17 Sunday (31 26:17 59:10 65:17 77:12 66:23 25:1 68:22 84:10 27:1 26:18 26:19 77:13 77:13 82:23 turn [i) 81:7 84:12 84:13 84:15 stenographically [1] sunny [1] 30:21 83:5 90:1 90:6 turned 121 34:10 87:13 87:14 87:20 92:9 supply [1] 91:9 through [s) 9:14 39:8 uses [1) 87:16 stick [3180:21 80:25 surgeon 11) 63:11 13:12 15:24 46:19 47:9 40:1 63:9 twice [2] 6:24 wing C21 69:20 82:3 82:13 69:21 Still p2) 33:22 39:14 Surgery (6) 63:2 90:21 two [261 6:8 10:4 usual [1) 22:5 44:5 50:22 51:10 63:14 63:17 63:21 63:25 63:18 thumb [2) 60:3 22:15 24:18 24:21 uaually[11 79:10 57:8 65:12 65:14 . 60:3 28:25 29:9 29:24 1 Sur rised 47 8 72:1 82:19 83:24 p 1 [ : 71ftirsday [11 53:23 33:2 33:4 41:5 83:24 Sweden [1] 85:1 3 timeS 62 3 52:12 54:25 56:10 -V- sting [ij 69:9 Swelled [1] 19:18 [ ] 65:17 68:19 : 59:10 59:10 69:1 V(j) 1:3 stipulated [1] 3:2 swelling p] 19:16 tingling (9) 57:7 69:6 69:7 69:8 V-A-S-S [11 10:22 STIPULATION (i) sworn (2) 3:8 57:9 57:11 57:15 77:12 79:24 80:22 81:15 80:22 84:2 vacation [41 64:15 3:1 42:8 58:2 58:6 58:24 59:21 58:7 6 t 18 84:18 84:21 84.:23 stitches pl 40:21 stamp) sy 52:24 8 t 42.19 62:8 422.19 : 2 :12 62 Vass[1] 10:21 stomach (4] 35:2 [1} 3 :7 ip $6:17 91:2 91:18 vehicle [1] 35:20 36:5 44:5 50:21 _T- fire p] 89:7 ty tws [3] 14:2 venued pi 4:3 Stone [231 1:1 table [217:9 70:24 today [s] 47:12 58:8 35:25 72:18 15 70:9 Verbally p) 1:1 1:9 2:3 2:11 1:23 3:8 takes [4) 11:6 C8 11:6 91:6 tyllleWrit(1 ] 92:11 veteran [1] 16: 16:23 3:11 3:16 6:21 62:16 [2) 36:13 typically [2) 22:4 village [11 82:9 9:25 10:21 11:25 taking [s] 5:7 0-16 88:18 Virginia [s) 81:18 15 19 15 23 20 3 14 66 65 3 71 6 7 82 5 82 82:8 : : : : : : too 141 33:12 55:9 : : 24:21 33:2 47:14 71:8 74:20 86:19 70:8 78:1 -U- 82:9 49:11 54:11 55:14 92:7 took po124:8 24:23 um-hum 171 3:21 vision [1 ] 30:17 92:6 Index Page 8 HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101 wage - yourself inim ornate _W_ wage [1115:16 waived [11 3:4 walk [141 23:16 23:17 23:20 31:24 31:25 32:4 34:15 39:22 40:1 43:25 44:22 51:1 51:4 54:8 walked [131 24:1 25:13 25:16 30:4 30:19 30:20 30:23 31:15 31:19 31:20 34:4 40:5 41:21 walking [41 31:4 31:22 32:6 32:11 walkway [11 25:19 walkways [11 22:23 wall [31 80:18 90:19 90:20 Wallenpaupack p1 9:20 wallpaper [31 12:2 12:4 12:6 walls [4) 14:6 14:16 80:11 80:15 warm [1) 49:20 WARNER [21 1:13 1:19 waste [1] 30:5 water [1o) 25:23 46:10 46:14 46:18 46:23 46:25 74:20 74:22 78:9 78:10 Waymart [21 38:21 39:1 Wayne [4) 8:14 8:15 9:1 9:2 ways [1] 76:1 wear [5191:5 91:5 91:7 91:12 91:18 weather [6] 22:7 27:24 28:2 28:3 28:12 49:20 Wednesday [41 53:19 53:21 53:22 53:24 week [11) 22:15 55:18 55:21 56:20 57:15 57:15 59:1 79:22 79:23 80:6 89:13 weekends [11 82:11 weeks [9) 22:15 54:25 57:13 57:14 57:19 57:21 85:3 90:1 90:6 West [5181:18 82:5 82:7 82:8 82:9 Western [2] 9:1 9:2 whatsoever p 1 18:15 wheeler [2) 81:14 87:14 wheeling p1 87:15 whereabouts [11 57:2 s, _ WHEREOF [1] 92:20 wherever [11 91:5 white [21 46:4 84:6 who've [21 3:18 6:19 whole [11 56:8 wide [31 29:9 29:11 91:7 wife [2311:1 6:15 7:1 7:2 7:8 10:6 19:23 20:6 20:20 24:6 24:15 24:18 33:9 39:9 39:16 41:10 70:19 74:11 77:2 84:12 84:19 86:4 87:21 wind [2176:25 78:2 window [1] 28:11 windows [11 14:4 wine [11 18:22 within [1] 92:4 Without [11 54:23 witness [15] 2:1 3:8 4:12 9:18 20:2 38:8 39:2 46:25 49:9 52:25 59:24 91:22 92:8 92:19 92:20 wives [2) 6:18 6:19 woke [21 28:6 28:17 woman [61 35:19 35:25 42:17 42:18 42:19 43:4 wondering [11 33:13 woods [21 83:7 85:22 words [21 58:14 63:16 worked [61 12:17 14:10 17:5 18:9 41:22 53:22 workers' [11 18:12 works [11 12:16 worn [1] 91:2 worse [5] 59:16 59:17 61:8 69:9 69:24 worst [1] 81:20 worth [11 54:14 wound [1) 77:5 wrestling [11 7:17 wrist [3] 58:18 58:19 59:21 wrong [21 75:3 89:12 wrote [41 54:20 56:4 56:5 56:17 -X- Multi-Pager`"` x-rays [1) 62:22 _Y_ year [41 67:3 68:2 82:13 years [221 9:24 10:8 11:20 12:22 15:5 15:25 17:1 17:5 17:8 17:9 75:9 79:24 83:5 84:2 yet p1 57:8 Young [21 16:19 yourself [61 36:13 37:16 43:21 78:15 68:2 8:19 11:12 15:4 16:16 17:7 21:9 82:23 85:21 16:15 24:2 39:6 HUGHES ALBRIGHT FOLTZ NATALE 717-540-o22nn t 7-31o-A-s i n i Index Page 9 • w Insured All Claimant File Number - -v I Taken ? /Q djuster_Rion Location and View A ..- I--- M .I s B i / II/ •I I AM of n. A C.-,, N(1A 4KVtl-? A 3 Fi-Q- it-o3 f" Pda4aee.x 1e.vratmcneu.e°o- ?o???.? 'WO4 C*-Cl-P-A-'? 4w-j C&-u4 &hlddLy...?.tVoe..Ai.uJo.?? k`? a.4w.0y? d (,L(,e AL cwu 4? -jai /6,V -(kaA Y2W c"o CL, UL -to W12 NFC File: PA-25550-LBI Christopher M. Reeser, Esquire January 20, 2009 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Direct Dial: (717) 651-3509, General Office: (717) 651-3500, Fax: (717) 651-9630 E-Mail Address: cmreeser@mdweg.com RE: Stone v. HMC Hospitality Management Docket No: Cumberland County C.C.P. 05-4727 Claim No: P415-004311-01 Date of Loss: 02/11/2003 MDWCG File No.: 13131-00107 NFC File: PA-25550-LBI Property Address: Radisson Penn Harris Hotel Convention Center 1150 Camp Hill Bypass, Camp Hill PA 17011 Dear Mr. Reeser: In accordance with your assignment to us on October 24, 2008 we contacted your office and conducted an inspection on October 30, 2008 and January 9, 2009 at the insured risk located at the property address above. Based on your request on November 11*) 2008 we have prepared this report. SCOPE OF SERVICE At your request we: 1. Inspected the relevant property of the insured risk. 2. Evaluated the conditions of the site. 3. Prepared a written report of our findings. 4. Reviewed Depositions. 5. Reviewed Weather Reports. 6. Reviewed snow/salting logs. DESCRIPTION OF LOSS: The plaintiff, John Stone was exiting the Radisson Penn Harris Hotel Convention Center through Entrance A at approximately 8 am on the Date of loss when he slipped on ice resulting in injury. It is alleged that the patch of ice that he slipped on was caused as a result of water dripping from a copper roof gutter above the sidewalk. FINDINGS Upon arrival we met with you and Gary Schultz of the Radisson who provided us access to the site. If you are facing the property looking toward the main entrance to the hotel lobby Entrance A is on the left side of the front elevation of this section of the building. -1- NFC File: PA-25550-LBI We examined the site, took photographs and tested the roof, gutter and down spout system for leaks with flowing water from a garden hose and sprayed onto the roof. On the day of our site visit it was sunny and clear and the pavement was dry. The gutter at Exit A had no standing water and when water was sprayed onto the roof it drained to the gutter and downspout and the underground drain line without becoming backed up or leaking. We reviewed the Radisson Penn Harris Snow Removal Log and find that on the log documents the snow removal and spreading of salt between 6:30 am to 11:30 am and spreading salt again between 7:30 pm to 8:00 pm on the date of loss provided for a reasonable amount of effort in removing the snow and ice from the sidewalks. We also reviewed black and white photo copies of the ramp at Entrance A taken by the plaintiff on the date of loss and there is a black patch in the photo at the base of the ramp. On January 8, 2009 we made a second site visit and dimensioned the ramp, the slope of the ramp and the double exit door way. CONCLUSIONS Based on our observations and the testing we conducted we did not see any evidence of leaking in the gutter system in general and specifically at the seam which was sealed with solder. Based on the information received the gutter system has not been repaired or replaced since the date of loss. Given the fact it does not leak now and no repairs have been made to this same gutter since the incident the ice deposit in the photograph provided could not have been a flaw in the gutter The location where the slip and fall occurred was sloped. The documents and photographs reviewed mentioned and indicate the presence of ice, the source of the water that formed the ice is unknown. We reviewed the weather reports for the date of loss and the date prior to the loss and find that the temperature overnight would have caused water coming from any source deposited on the concrete pavement to freeze. Based on the photographs the ice was an isolated patch at the base of the entrance ramp with space on the ramp to pass free and clear of this location. After reviewing the slope of the ramp, width of the ramp and the exit doorway we find these to be in compliance with the requirements found in the 2006 International Building Code. I reserve the right to supplement or amend these findings and/or opinions should new information become available. If you have any questions or comments, please call me at 717-737-1559 Sincerely, Bruce C. Ensor, P.E. Structural Forensic Engineer -2- C_ ? - ?a r :? ?,,`'" ?- ? :? ? i'i7 -?- a? ? - i .i a ' `'-'r .L ... ..,: '? i_' ?:;_i ?;+ ..,' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) JOHN STONE and MARY ANN STONE, his wife Plaintiffs VS. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL AND OCNVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION Defendants. No. 054727 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Michael E Kosik. Esquire Amino & Rovern P.C. 4503 North Front Street. Harrisburg, PA 17110 (Name and Address) (b) for defendants: _ Christopher M Reeser Esquire Marshall Dennehev Warner Coleman & Goggin 4200 Crums Mill Road. Harri sburg. PA 17112 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: RE INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 3 6 1 O cl Attorney for Defendants Date: r-a ? ? ?.. { :-rx ?.. a ' ? ? --? . =, '-' =` -i ?.i°'i ^+ e,, :3 ANGINO & ROVNER, P.C. Michael E. Kosik, Esquire Attorney ID# : 36513 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: mkosik@angino-rovner.com JOHN STONE and MARY ANN STONE, His Wife, Plaintiffs V. RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. t/d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO. 05-4727 : JURY TRIAL DEMANDED RESPONSE TO MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS AND NOW Comes the Plaintiffs, John Stone and Mary Ann Stone, and file the within Response to the Motion for Summary Judgment of Defendants, averring as follows: 1. It is admitted that on February 11, 2003, Plaintiff John Stone was a guest, along with his wife and daughter, at the Radisson Penn Harris Hotel in Camp Hill, Pennsylvania. 2. It is admitted that on the morning of February 11, 2003, Plaintiff John Stone was carrying his and his family's suitcases to his truck before checking out of the hotel. It is further admitted that he was exiting via a side entry/exit doorway (Entrance A) which leads to a parking lot where his truck was located. At the time he was exiting, he was carrying a suitcase, an overnight bag, and a small shopping bag as described in his deposition at page 28 and 29, which was attached to Defendant's Motion as Exhibit A. 3. Denied. It is specifically denied that Plaintiff John Stone said that he was not paying attention to the ramp. Plaintiff John Stone arrived at the Radisson Penn Harris late in the afternoon or early evening the day before. When he arrived at the hotel, there were no adverse weather conditions. He was also aware that on the morning of the fall there were no adverse weather conditions since there was no precipitation which occurred overnight. He was carrying his luggage out to the truck so that they could then proceed to the Pennsylvania Sports and Outdoor Show at the Farm Show Complex in Harrisburg after checking out. Plaintiff John Stone stated that as he exited the building, his attention was directed to a woman, directly across from the exit, who was in the process of putting something on top of her car. It should be noted that the area outside the doorway which Mr. Stone was exiting was covered by a roof, and Plaintiff John Stone had no reason to expect any adverse conditions to exist as he exited the building. 4. Denied as stated. Plaintiff John Stone slipped and fell on an isolated patch of ice located on the ramp and just below the edge of the roof covering the exit through which he had just proceeded. 5. It is admitted that Plaintiff John Stone's wife, Mary Ann Stone, took several photographs of the ice on which her husband fell a short time after he came back to the room and explained what happened. Although Defendant attached a black and white copy of the photograph as Exhibit B to its Motion, Plaintiff is attaching three color photographs, which are all of the photographs which Plaintiff Mary Ann Stone took shortly after the incident. See photographs attached hereto as Exhibit A. 407940 2 6. Denied as stated. It is undisputed based upon the testimony and weather data obtained from the National Climatic Data Center for the weather reporting station at the Harrisburg International Airport that the temperatures had risen above freezing the evening before and then dropping below freezing in the early morning hours of February 11, 2003. A copy of the local weather data from the National Climatic Data Center is attached hereto as Exhibit B. Defendant's chief engineer, Michael Shoop, testified that he requested his grounds crew to come in early on the morning of February 11, 2003 because of the weather conditions and the concern over a refreeze. See relevant portion of Michael Shoop's deposition p. 25-26 attached as Exhibit C. A snow and ice removal log produced by the Defendant confirms that an employee whose initials were "C.E." returned to the hotel at 6:30 a.m. on February 11, 2003 for the purposes of checking for ice which may have reformed. See Snow and Ice Removal Log attached as Exhibit D. Additionally, Kenneth Bomgardner, Jr., another maintenance employee on the staff at the Radisson Penn Harris at the time confirmed that the entry and exits, both the main one, as well as Entrance A through which Mr. Stone was exiting at the time of his fall, were high priority areas which are to be checked by any maintenance employee. See relevant portions of Kenneth Bomgardner's deposition p. 16 attached as Exhibit E. Plaintiff John Stone's fall occurred at approximately 8:20 a.m. as indicated on the Incident Report completed shortly after his fall. See Incident Report attached as Exhibit F. Plaintiff John Stone's fall occurred almost two hours after the maintenance employee responsible for performing maintenance in the high priority areas had already arrived at work. Plaintiff maintains that it is clear from the photographs taken by Mary Ann Stone immediately after the fall that there is absolutely no evidence of any type of skid resistant material in the area where the ice had formed, nor any materials which would assist in 407840 3 the melting of the ice which formed. Plaintiffs further maintain that it is evident from the ice depicted in the photographs that the ice did not come as a result of a spill or a natural accumulation. The ice has the appearance of a uniform patch of ice which a jury would be more than within its bounds to determine came from a drip from the gutter or roof over the doorway from which Plaintiff John Stone exited. See photographs attached as Exhibit A. Plaintiff John Stone testified that he is a painting contractor who is very familiar with gutters, including copper gutters, and that based upon his observation of the ice which formed and the gutter at that location which has a seam located directly above the drip, that the ice formed as a result of a drip coming off the gutter or roof in that area. Plaintiff maintains that Plaintiff John Stone is certainly capable of expressing this lay opinion based upon his experience and his observations. Additionally, Plaintiffs wife, Mary Ann Stone, as well as his daughter, also came to the same conclusion based upon their observations of the location and nature of ice on the sidewalk. Plaintiffs attach hereto a photograph showing that the location of the seam in the copper gutter is directly over the area where the ice formed on the sidewalk. See photograph attached hereto as Exhibit G which can be compared to the photographs of the ice photographed by Plaintiff s wife, Mary Ann Stone, attached as Exhibit A. Plaintiff maintains that these photographs alone provide sufficient circumstantial evidence from which a jury could can conclude that the ice formed as a result of dripping water from the gutter or from the overhang. Given the weather conditions which existed overnight and the time when the refreezing would have occurred, the jury would have more than enough evidence to conclude that the Defendant had more than sufficient time to identify the hazardous condition and warn or correct the condition prior to Plaintiff's fall. 407840 4 7. Denied as stated. Plaintiff John Stone admits that he did not actually see a drip from the gutter. However, it is common sense that a gutter would not continue to drip after temperatures had dropped below freezing for several hours. Any water in the gutter would have frozen by the time of Plaintiffs fall as did the ice which formed on the sidewalk. It is admitted that Plaintiff did not see a crack or hole in the gutter, however, Plaintiff never made this inspection given his injuries. Plaintiff's wife, Mary Ann Stone, did photograph the condition, and Plaintiff and his family brought it to the attention of the hotel who never took any action to correct the dangerous condition while Plaintiffs were at the hotel. See Vass deposition pp. 20-21 attached as Exhibit H. 8. Denied. Plaintiff would point out that this accident occurred on February 11, 2003. In deposing the Defendant's employees, Plaintiffs' counsel inquired as to whether any inspection was made of the gutter or what may have created the condition after it was reported by Plaintiff. No individual from the Defendant's facility could confirm that any inspection or effort was made to determine the cause for the ice which formed at the location where Plaintiff fell. Defendant's insurance representative also conducted an investigation and was on site and took photographs of the area of the fall on March 5, 2003, less than a month after the fall and no effort was made to determine the source of the ice. Defendant's expert inspected the gutter on October 30, 2008 which is more than five years and eight months after Plaintiffs fall. Any inspection at this time is irrelevant to conditions which existed at the time of Plaintiff s fall. 9. Denied as stated. It is admitted that the Defendant has not provided any records indicating repairs or maintenance were performed on the roof or gutter over the entrance and exit doorway where Plaintiff fell. Plaintiff requested invoices and records indicating any repairs being made by any outside contractors as well as any maintenance performed by the hotel staff. 407840 5 Plaintiff has not been provided any maintenance records other than the Ice and Snow Removal Logs for work performed by the Defendant's employees. As previously stated, the Defendant nor its employees conducted any investigation into the cause or source of the ice, in spite of the fact that Plaintiff John Stone reported the incident. An incident report was created (see Exhibit F) and Defendant's own procedure, based upon the testimony of the Defendant's maintenance employees, confirmed that a report should have been made to confirm the maintenance performed to correct the condition. 10. Denied. Plaintiffs had no intention of retaining an expert since no documentation exists other than Plaintiff Mary Ann Stone's photographs. However, after reviewing Defendant's Motion and engineering report, Plaintiffs' counsel elected to have the discovery reviewed and obtain an engineering report A copy of the report of James C. Druecker, P.E. is attached as Exhibit I. 11. Denied. It is specifically denied that Plaintiff has not alleged nor provided proof of the cause for the ice on the sidewalk. Plaintiff further denies that Plaintiff has an obligation to provide proof of the cause for the ice on the sidewalk. A review of Plaintiffs' Complaint which was filed by Plaintiffs' former counsel in Lackawanna County before the case was transferred to Cumberland County, contained in paragraph 12 numerous allegations of negligence on the part of the Defendant for failing to properly maintain and supervise the area where Plaintiff fell, failing to give notice of the dangerous conditions of which it was or should have been aware, and failing to correct the dangerous condition. Further allegations included failing to apply ice melting agents or cinder agents on the patch of ice, failing to adequately control water run off from gutters and downspouts, failing to repair gutters and downspouts as well as other general allegations concerning negligence in the repair and maintenance of their facility and negligence 407840 6 in the failing to correct a dangerous condition which existed. Similar to a dangerous condition which may exist in a supermarket, Plaintiff does not have to specifically identify the source of the water which ultimately froze and created the dangerous condition which existed at the time of Plaintiff's fall. Plaintiff can establish through circumstantial evidence that more likely than not the water came from a source under Defendant's control and can establish through circumstantial evidence how long the ice was in existence at that location. Plaintiff maintains that based upon the photographs taken by Plaintiffs wife, Mary Ann Stone, as well as Plaintiff's testimony and that of his family, more than sufficient evidence exists for a jury to determine the issue of facts in this case, preventing summary judgment. Plaintiffs' expert report further identifies additional basis for a jury to conclude that the Defendant was negligent in the maintenance of their property. 13. Denied. Plaintiffs are not under an obligation to present evidence to establish exactly how long the dangerous and defective condition existed on the sidewalk. Plaintiff can confirm that there was no ice on the sidewalk the evening before when he went into the hotel. As stated previously, based upon the Defendant's own chief engineer's statement concerning his own concerns for the rising temperatures the night before and then falling temperatures early in the morning of Plaintiff John Stone's fall, the Defendant was on notice of a potential dangerous condition. Defendant had one of its employees come in at 6:30 in the morning to check for and take care of dangerous conditions which existed and have absolutely no record of having any maintenance performed on the area where Plaintiff fell. Plaintiff, through the local climatological data, confirmed the temperatures on the day before and the morning of Plaintiff's fall, as well as photographs of the ice formation on the sidewalk on which Plaintiff fell, has more than sufficient circumstantial evidence to establish that the ice came from an overflowing or 407840 7 dripping rain gutter and that the ice existed for a sufficient period of time for the Defendant to be on notice and take corrective action. Plaintiffs' expert provided additional basis from which a jury can find the Defendant negligent. More than ample evidence exists from which a jury may find that the Defendant was negligent and that negligence caused Plaintiff John Stone's fall and resulting injuries. 14. This averment is a conclusion of law to which no response is required. 15. Denied. As stated previously, Plaintiff Strongly maintains the Defendants are not entitled to judgment as a matter of law. Plaintiffs maintain that there is sufficient evidence concerning the potential cause or source of the water and ice on the sidewalk and that the water and ice on the sidewalk existed for a sufficient period of time for the Defendants to have taken corrective action creating a question of fact for the jury. Additionally, Plaintiffs' expert has identified additional basis for the jury to determine that the Defendant was negligent in the maintenance of the entry/exit doorway and ramp. 16. Admitted. WHEREFORE, Plaintiffs John and Mary Ann Stone respectfully request Your Honorable Court deny Defendants' Motion for Summary Judgment. P.C. -Michael E. Kosik I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs 407840 8 CERTIFICATE OF SERVICE AND NOW, this 16'h day of April, 2009 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road Ste B Harrisburg, PA 17112-2899 r Michelle M. Miloj 'ch EXHIBIT A ? ?tl, all :k t < i r c .St ? A" T'W Y? 31 !!1 . w? I t?f 1 ry ?t f_ E Y s r„ if L EXHIBIT B FEBRUARY 2003 MIDDLETOWN/HARRISBURG, PA a O ? wI T V! M? (Q O ffWA Z V/ Q cQ r a >W? Q O Z cC W Q J O Z ?W ci W c Z m hi U o c S? 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H I O a Itf a) E N 11 x w z 0 H H Ei H P4 H U W P4 Ma W F4 w a as C!1 H a H W Q Q F-I sualawzzziw a r o m Iv c1 N ri ep r N O1 I? d? ri m ?O mu! Om W N N O N m N rl O a0 l? b UI m N ri rl H ri ri ri co co N m E 0 z O m r-I I e-1 T T n v M r N ?q • a ro 41 O H ,Sy 41 Li O C «S N M O 0 N LO 01 r-I O H I G 0 a (?) sssx?sa r ri ?n o N m m D ,4 Ln o v ri r N N rl r1 V? N ?O rl ei N I 1 I I I O UI O U1 O U) O Uf O U1 O U1 O w 0 to a w m m N N H H O O saHDKI EXHIBIT C ORIGINAL JOHN STONE AND MARY ANN STONE, HIS WIFE, PLAINTIFFS V RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. T/D/B/A RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; AND HMC HOSPITALITY MANAGEMENT CORPORATION, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4727 'JURY TRIAL DEMANDED DEPOSITION OF: MICHAEL SHOOP TAKEN BY: PLAINTIFFS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: MARCH 28, 2008, 9:00 A.M. PLACE: MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 CRUMS MILL ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANTS i 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 9 Fax 717.540.0221 0 Lancaster 717.393.5101 25 1 2 3 4 5 6 7 8 9 F0 12 k 3 t 14 5 6 7 8 9 0 1 2 3 4 5 A Right. Q And it appeared that you had a pretty good knowledge of what the weather was like on the day of the fall and the -- even the weather the evening before. A okay. Q Do you recall, was that something which you just remembered, or was it because you had done some study of the logs or -- A Well, like you said, it was only three weeks past, so stuff, you know, within a month, you know, is still in my mind. Q You must be younger than me. A It's embarrassing because I cannot remember who Charles Edouard was that worked for me. Typically I thought I knew would never forget anybody that worked for me, I just don't remember this guy. Q And not to say what you indicated in the statement was inaccurate, but my recollection of your statement, certainly correct me if I am wrong, is that you remember that the temperature on the evening before Mr. Stone's fall on the 11th, the morning of the 11th, had risen and that there was a thawing? A Yes. Q And that you specifically had someone come in early the next morning for the purpose of checking 26 1 2 3 4 5 6 7 8 9 0 1 2 .3 .4 .5 6 7 8 9 0 1 2 3 sidewalks? A That explains why he was in at 6:30 a.m. instead of his normal shift of eight, so -- MR. REESER: He being? THE WITNESS: The groundskeeper, CE. BY MR. KOSIK: Q So that was something which you anticipated? A Yes. Q Would it be fair to say that you yourself did not go out and check that morning, that would have been something that you would:have set up the night before? A I don't understand. Q You didn't come into work early to check the sidewalks, then call in this grounds crew, CE, to come and -- A No, probably what I did, this is only an assumption on my part, this is how I typically would have done it, is looking at the weather, realizing, hey, it's going to warm up tonight, then it's going to really get cold overnight, knowing that there is snow on the ground, it's going to melt, there is going to be icy spots, I would have scheduled it that way. Q Okay. And other than his log, you would have no idea of where he started, where he was at any point during the hours that he logged in as doing maintenance for snow EXHIBIT D HI r ? p VL L ;f R adisson Penn Harris Snow Removal Log Date & T"u ne Westber Condition Action Waken Initials :S &np1- t w ?N ?? S L D? UL a kd a G . t 0 ?.. ( .y'L? ?ou a? 1 r ,2 t c" rrift c_ &" r o i e-'p- fop c V .?vc.?.,?.a.,rs s /?/A GiG. 111 d j, p L r 0 . r Iv;t Z -b3 C60:1 1 Ail Smi t a' C3 0 a ?'kcw Salte? cell !1" alk - ??'` 11- 03 to-oh ? V.- Sltioule d salt kefrl f ' Jltokr SqIt?? sre/4r 1? ?1 /7 t o a' ?• ' Z - 12. -03 IC' oor r Q L Qa7 Sf?cvi. ak UL a S1 c cd,t 4 ?lo`t? G C ?: rr Ala, 2- `I r` 4 3 7''Prj'JW! t- FHT s'?r 491 Ver m,1 140TKC rwor [ L A6N a/ 1W N /a &:cc- rS"-C3 • a L?°dl?t Jytew W StIC ALOL a. SIMU d ad 14 1 E oo . O at s 1 Z l5 t3 t °? (s a ,l?r 34,•oulX ?+k sral t !?a O .t ..03 U r lvkcvGkgl ] 1'?Daw C-6-01 1A a,k CI AV(' u c_ . to : ?? 2 (6 -b5 tl w Ha?.yy S p wow Pk1Ov3 Qil s c tt ?.. C Z - (? 103 I 'u0 J VQxwu I SyvVb 1 ? V cal O e.tj 4t ? ? •.a . I'D •- L _o3 4 w 1?Qe..t? S ue•n K% al^? & C ` c . lot O' V . w ci 2 -- Ib -- 03 t ° P"` Heczy ?u?o? ? Q lbw a .- o t j?i.,ris?•.. r<<R.?srr ?J EXHIBIT E JOHN STONE AND MARY ANN STONE, HIS WIFE, PLAINTIFFS V RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; PENN LODGE PARTNERS, L.P. T/D/B/A RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER; AND HMC HOSPITALITY MANAGEMENT CORPORATION, DE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4727 PENDANTS JURY TRIAL DEMANDED DEPOSITION OF: KENNETH H. BOMGARDNER, JR. TAKEN BY: PLAINTIFFS BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: MARCH 28, 2008, 10:22 A.M. PLACE: MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 CRUMS MILL ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, PC BY: MICHAEL E. KOSIK, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANTS r 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 9 Fax 717.540.0221 0 Lancaster 717.393.5101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 salted, I would have threw salt down because there was plenty of salt there for us to use. Q Mr. Bomgardner, I am going to show you some photographs which were previously marked as Exhibit 3 to Mr. Shoop's deposition. These are photographs taken on the morning of Mr. Stone's fall by his wife. I will represent to you that they show an icy patch on the ramp outside Entrance A. A Uh-huh. Q Do you have any recollection of seeing that ice patch? A No. Q Have you ever encountered a problem outside Entrance A before that you can recall when you worked at the Radisson Penn Harris? A No. As many times I have been there in the winter times, and that place, this was always salted. This was one of our main priorities right here was this one because it is a ramp and it is handicapped. Q Okay. A I was always told that, make sure that area is salted all of time. So that was my priority right there, plus the rest of the main entrance, all of the other entrances too. Q While you worked at the Radisson, do you ever L EXHIBIT F R®dfeson Penn Farris Hotel GUEST INCIDENT REPORT Name of Guest - (. h r , -- r- - k' Street Address: _k_l'4 ll n X 5 9= City: Me S (.c+ a I State: zip: Dooms Telephone: 5 70 - e IJ2 - TITO h Evening Telephone: , SAW! Guest In House. MYES 0 NO Room Number: ? JL Attending Function: 0 YES 0 NO Name of Function: Type of Incident; MINJURY o THEFT C3 OTHER Full description of the incident: F ,,]/ a X11 ice ?i g rime of Incident 9 : ad A M Location of Incident: P x i"t da 0 a Witnesses: (Mary Important) 1. Name: Address: 2. Name, Address: 3, Name: Address: Nature and Extent of Injuries: g,12 c _ s t+?sr.K n 1c fle,a_? Name of Doctor or Hospital: Address: Transportation to Dolor or Hospital: 04A" h44?j?Z u4- saj Ae A10- UoU k r>.?.?0 l01.AA V jo t,*w- io JO t,, L" if Medical Attention is ReNlied/Nat Deemed Necessary by G Guest 3ignatuM Incident Reported To., 1 C?Cr'{1 Date• -"j L9 - MAct a .o.t%A • 1 11 # oLtf th+t,'lL. EXHIBIT G t 'e t p. ^iti e z:r nfj if F h K x p dA? f tl { ? k ' iY i ? I ;k c t t v-14 ,r. r b i EXHIBIT H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 1 JACQUELINE ANN VASS. JOHN STONE and MARY ) CIVIL ACTION - LAW 2 WAS CALLED, AND HAVING BEEN DULY SWORN, ANN STONE, His Wife, ) 3 " NO. 05-4727 WAS EXAMINED AND TESTIFIED AS FOLLOWS: Plaintiffs ) 4 -vs ) 5 EXAMINATION BY MR. REESER: RADISSON PENN HARRIS ) HOTEL AND CONVENTION ) 6 Q. Could you state your full name, lease. P CENTER; PENN LODGE ) JURY TRIAL DEMANDED 7 A Jacqueline Ann Vass PARTNERS, L.P. t/d/b/a ) . . RADISSON PENN HARRIS ) 8 Q Is it V-O-S-S? HOTEL AND CONVENTION ) . CENTER; and HMC ) 9 A It is V-A-S-S HOSPITALITY MANAGEMENT) . . CORPORATION, ) ) 10 Q. Jacqueline, my name is Chris Reeser. I Defendants ) 11 am the attorney for the Radisson Penn Harris who is a x 12 defendant in a lawsuit that has been filed by your 13 parents, as a result of the incident that happened DEPOSITION TESTIMONY OF 14 back on February 11, 2003, and I am sure you are JACQUELINE ANN VASS 15 aware of that? FRIDAY, SEPTEMBER 5, 2008 16 A. Yes. 401 ADAMS AVENUE, SUITE 400 17 Q. I am going to ask you some questions. SCRANTON, PENNSYLVANIA 18 I believe you were at the hotel when your father COLLEEN C. LEE COURT REPORTER 19 fell; correct? 20 A. Yes. 21 Q. Well, I'm will ask you some questions 22 about that then and I'm also going to ask you some KEYSTONE COURT REPORTING AGENCY, INC. 23 questions about what you observed of your father 4099 BIRNEY AVENUE, SUITE 9 MOOSIC, PA 18507 24 since his fall and what changes you have seen over (570) 558-3011 (800) 570-3773 FAX (570) 558-3014 25 the years. Do you understand that? COUNSEL PRESENT: On behalf of the Plaintiffs: 1 A. Yes. ANGINO & ROVNER P.C. , BY: MICHAEL L E E. . KO KO SIK, ESQ. BY: MIC 2 Q. Half an hour, 45 minutes I would think 4503 N. Front Street Harrisburg, PA 17110 3 at the most, but if you want to take a break for an any On behalf of the Defendants: 4 reason, don't feel like you have to wait until we are MARSHALL, DENNEHEY, WAGNER, COLEMAN & GOGGIN 5 BY: CHRISTOPHER M. REESER, ESQ. done, just tell me you would like to take a break and 4200 Crums Mill Road, Suite B 6 ll Harrisburg, PA 17112 we wi give you that opportunity. All right? 7 A. Yes. 8 Q. One Instruction I forgot to give your STIPULATIONS 9 brother before I started asking him questions Is, It was agreed by and between counsel that all 10 it's important to answer yes, no, I don't know, as objections, except as to the form of the question, will be reserved until the time of trial. 11 opposed to uh-huh, huh-uh, shrugging your shoulders It was further agreed that the reading, signing, 12 or nodding your head. I might know what you mean, sealing and filing of the deposition transcript will be waived. 13 but we want to make a clear record. And the court 14 reporter is taking down everything that is said and 15 yes is a lot clearer to her than uh-huh. Okay? INDEX OF WITNESSES 16 A. Yes. EXAMINATION PAGE NUMBER 17 Q. ` Even If you know the answer to a Jacqueline Ann Vass By Mr. Reeser ................ 3 18 question that I ask, let me finish my question before 19 you start your answer. I do have a tendency to INDEX OF EXHIBITS 20 hesitate to my question, so you might think I am done 21 but I am not, because I am still thinking. I will DEPOSITION EXHIBIT DESCRIPTION MARKED 22 try to let you finish your answer before I start any 1 Two colored photographs on one page 18 23 next question, that is just so we have a clear 24 record. Okay? 25 A. Yes. 3 4 17 19 1 A. Probably -- I shouldn't say probably. 1 period, approximate. 2 Q. I am just asking you what you remember. 2 Q. While he was sitting on the bed? 3 1 am not asking you to guess. 3 A. Correct. Yes. 4 A. I am saying because I don't want to 4 Q. Did you go out and touch what was on 5 speculate on this. He was still sore and it seemed 5 the ground what appears to be at least a wet spot? 6 like the soreness he was getting stiffer as he was 6 A. When we were leaving the hotel to 7 sitting on the bed and then as he got up, he was 7 checkout. 8 stiff. So mom -- my mother, she helped him to get up 8 Q. What was it? 9 to try to stretch it to see if he could walk out. 9 A. It was ice. 10 Q. Do you remember specifically what they 10 Q. It was ice? 11 were trying to stretch? 11 A. Yes. 12 A. Just to get him up because he was sore 12 Q. And you will agree with me that those 13 all over. 13 photographs show snow -- 14 Q. Okay. When you "stretch it," I was 14 A. Yes. 15 wondering if you were talking about a specific area? 15 Q. -- on both sides of the walkway? 16 A. No. I mean to get him up, to stand him 16 A. Yes. 17 up. . 17 Q. And based on your prior testimony, you 18 Q. During that 45 minutes to an hour that 18 don't believe that the snow fell the evening that you 19 he was seated on the bed, did you stay in the room 19 were there? 20 with him or did you go and check to see where he 20 A. Not that I recall, no. 21 fell? 21 Q. Other than speculating, do you have any 22 A. I went outside to see where he felFand 22 knowledge as to where that ice came from? 23 then I was out at the front lobby, as well. 23 A. From what I'm thinking, it came off the 24 Q. And you reported the incident to the 24 roof like the rain gutter. 25 hotel? 25 Q. And how do you know that? 18 20 1 A. My father reported the incident with my 1 A. I remember looking up to see where it 2 mother. 2 came from. 3 Q. When you went out, what did you see? 3 Q. Did you actually see water dripping 4 A. There was a patch of ice. We went 4 from the gutter? 5 out -- there was like a side door and on the ground 5 A. I do not remember. 6 there was a patch of ice on the ground. 6 Q. Were there any photographs taken of the 7 (At this time there was a brief 7 gutter? 8 discussion held off the record.) 8 A. I do not know if my mother took them or 9 (At this time Deposition. 9 not. These are the first time I am seeing these. 10 Exhibit No. 1 was marked 10 Q. Just so I am clear, your recollection 11 for identification.) 11 is that the water came from -- the ice developed from 12 MR. REESER: Back on the record. 12 water dripping from the gutter, but you don't recall 13 BY MR. REESER: 13 seeing one way or the other whether you saw water 14 Q. I will show you what we've marked as 14 dripping from the gutter. 15 Exhibit No. 1. And Exhibit No. 1 shows two 15 A. No, I don't remember seeing -- recall 16 photographs which appear to show basically the same 16 seeing anything. 17 thing. Do those photographs show what you observed 17 Q. Did you discuss with anybody from the 18 when you walked out of the exit door around the area 18 hotel where the ice had come from? 19 where your father fell? 19 A. I know when I checked out with the 20 A. Yes. 20 hotel, that we had this reported (indicating) and 21 Q. Do you know who took those pictures? 21 told them that they should get somebody out there to 22 A. My mother. 22 put stuff on it. 23 Q. When did she take them relative to the 23 Q. Okay. Is that the only time you had 24 time that your father fell? 24 any conversation with anybody from the hotel about 25 A. I would say within that half hour 25 your father's fall? 21 1 A. Yes. 1 2 Q. Did you ever see anybody from the hotel 2 3 address that area by either trying to chip the ice or 3 4 put some kind of deicing chemical on it? 4 5 A. I didn't, no. 5 6 Q. What happened when you left? 6 7 A. We went to the sportsman's show. 7 8 Q. And what time did you arrive? 8 9 A. Approximately when the doors opened. 9 10 Q. Around 10:00? 10 11 A. 10:00, yes. 11 12 Q. How long did you stay? 12 13 A. This is just an approximation. I would 13 14 say maybe 2:00. 14 15 Q. And were you with your father the 15 16 entire time? 16 17 A. He sat down at one of the benches and I 17 18 went off and did my business and my mom would stay 18 19 with him. 19 20 Q. Did he walk around the expo hall? 20 21 A. Very shortly. 21 22 Q. And why was that, if you know? 22 23 A. Because his back was hurting him after 23 24 his fall. 24 25 Q. His back specifically? 25 23 A. Yes. Q. Did you drive the entire distance? A. Yes. Q. Do you remember stopping anywhere for any reason? A. No. Q. Was there any discussion about stopping by a hospita l along the way to have your father checked out? A. I don't recall. Q. Did you drop your parents off at their home? A. I had my car parked at their house. Q. Did you stay with them or did you leave? A. I don't recall. I stayed to get him into the house and out of the truck and got him in the house, but I don't recall how long I stayed for. Q. How was he feeling as far as you can recall on the way home? A. He was sore, moving like from side to side to try to find a comfortable position. Severe headache. And he just could not get comfortable in the truck. Q. How often do you see vour Darents? 22 24 1 A. Well, he had a headache. The whole 1 A. Not as often as I want, but I try to 2 body -- I mean, he had a headache from it, his neck 2 see them at least several times a week. I talk to 3 was hurting him, the back was hurting his tailbone, 3 them daily. 4 so we sat him down. So then I could just -- because 4 Q. And for the five-plus years since this 5 it was quicker for me to go around and do what I had 5 incident has occurred, would you say that is typical 6 to do. 6 you would see them maybe a couple of times a week and 7 Q. Were you able to complete what you 7 talk to them almost daily? 8 needed to complete? 8 A. Yes. 9 A. No. 9 Q. What changes have you noticed In your 10 Q. Did you leave earlier than what you 10 father since the fall? 11 wanted to? 11 A. Changes in regards? 12 A. Yes. 12 Q. To what things doesn't he do anymore 13 Q. Was that because your father was in 13 that he used to do? 14 discomfort? 14 A. He doesn't travel. He Is not as 15 A. Yes. 15 outdoorsy as he used to be. He sits In the chair a 16 Q. You left around two? 16 lot. He is not as, like, outgoing. More severe 17 A. Approximately, yes. 17 headaches than ever. He is hunched over, even in 18 Q. And who drove home? 18 church. He can't even stand up straight. He can't 19 A. I did. 19 kneel. To be honest with you, it's a 100 percent 20 Q. Would you have typically had driven 20 change than what my father used to be. You couldn't 21 home? 21 find a more hard determined person, outgoing person 22 A. No. 22 and this has changed his life totally. 23 Q. Who would have typically driven home? 23 Q. When you say he used to be outdoorsy, 24 A. My father. 24 what do you mean by that? 25 Q. Because it was his vehicle? 25 A. Be outside, like be in the garden or 09/18/2008 02:46:36 PM Page 21 to 24 of 34 6 of 9 sheet: EXHIBIT I JAMES C. DRUECKER, PE CONSULTING CIVIL ENGINEER Investigation & Analysis Forensic Services April 14, 2009 Michael E. Kosik, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Re: John Stone D/A: 2/11/03 My File No. 29036 Dear Mr. Kosik: 274 Chestnut Avenue Media, PA 19063-5747 610-459-1977 FAX 610-558-1762 E-mail: jcdR2@&Mfte&ch_com Web: wwwAdruadw com I have reviewed the information forwarded by your office and am providing this report with my findings as the cause of the conditions existing at the location of the slip and fall of John Stone. The reviewed information includes the following: • Guest Incident Report; • handwritten statement; • recorded interviews of John F. Stone, Michael Shoop, and Michael Drake; • transcripts of the depositions of John Stone, Mary Ann Stone, Michael Shoop, Jacqueline Ann Vass, and Kenneth Bomgardner, Jr.; • Snow Removal Log; • Plaintiffs Mediation Memorandum; • weather data; • three color photographs of the accident area taken by Ms. Stone within minutes of the incident: • five color photographs taken on June 13, 2003; • nine color photographs taken on March 6, 2006; • report (February 5, 2009) by Bruce C. Ensor, P.E. MEMBER: NSPE, ASCE, NAFE, ICC, ASHE, PSPE, SAE, ACI JAMES C. DRUECKER, PE . CONSULTING CIVIL ENGINEER Re: John Stone (29036) April 14, 2009 Page Two The evidence clearly reveals that there was a patch of ice where John Stone slipped and fell. This is confirmed by Michael Shoop, Michael Drake, Mary Stone, and Jacqueline Vass. This is also verified by the photographs taken by Ms. Stone. The source of the water is snow/ice melt that fell from above that dripped onto the egress ramp and then froze. The path of the water was through the seam or joint of the gutter above. The location of the ice patch is directly below seam or joint. The shape of the patch on the ramp reveals a slow drip. The weather conditions on February Id :h and February 11 m was conducive to the icy condition that existed at the time of Mr. Stone's slip and fall. The "testing" done by Mr. Ensor six years after the accident date would not necessarily reveal a slow drip or a fast drip, and is of no value. A gutter seam or joint is always a location for a potential leak. Even though a copper gutter expands and contracts less than an aluminum gutter, there still is movement that can open a seam or joint and allow a small drip. Therefore, a seam or joint in a gutter should never be placed over a walkway. The likelihood of an icy walking condition is greatly increased with a seam or joint in the gutter. A soldered joint is not an expansion joint. Sealing is still required. The photos show moisture damage on the fascia behind the gutter revealing an ongoing problem. An icy spot on a walkway m an otherwise clear walkway and parking lot is unexpected, and in my opinion presents a hazardous and dangerous condition. Mr. Stone was a guest at the hotel and this is the first time he exited at this door. The "International Building Code 2003" indicates that outdoor ramps shall be designed so that water will not accumulate on walking surfaces and exterior ramps in climates subject to snow or ice shall be designed to minimize the accumulation of same. The "International Property Maintenance Code 2003" indicates that all. sidewalks, walkways, and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. In addition, roof drains, gutters, and downspouts shall be maintained in good repair. The records of Radisson Penn Harris indicate that salting was done between 6:30 am and 10:00 am on February 11th. The photos taken by Ms. Stone do not show any salt treatment. If the icy spot would have been properly inspected (this is a handicap entrance, and primary location and priority area for treatment) and properly treated by Radisson Penn Harris, there would not have been the ice patch on which Mr. Stone slipped. JAMES C. DRUECKER, PE CONSULTING CIVIL ENGINEER Re: John Stone (29036) April 14, 2009 Page Three In summary, my investigation revealed, and it is my opinion to a reasonable degree of engineering certainty, that: 1) there was an icy patch that caused John Stone to slip and fall; 2) the icy patch was in an unanticipated and unexpected location; 3) there is no evidence that there was not a leak from the seam or joint of the gutter; 4) the evidence and physical conditions reveal that there was a leak from the gutter; 5) the construction and positioning of a gutter seam or joint over a walkway represents improper construction; 6) the icy patch where John Stone slipped and fell was improperly and inadequately treated with salt even though inspection and treatment had been occurring for almost two hours prior to the fall; 7) the icy patch created an unsafe, dangerous, and hazardous condition, and was the cause of the slip and fall of John Stone; 8) the icy patch was the result of improper maintenance by Radisson Penn Harris. Please feel free to call if you have any questions. Very truly yours, James C. Druecker, P.E. JCD/me OF THE PROTPONOTARY 2089 APR 17 AM 11: 11 JOHN STONE AND MARY ANN STONE, his wife PLAINTIFFS V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER, PENN LODGE PARTNERS, L.P. d/b/a RADISSON PENN HARRIS HOTEL ANDN CONVENTION CENTER, and HMC HOSPITALITY MANAGEMENT CORPORATION: DEFENDANTS NO. 05-4727 CIVIL IN RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 29th day of April, 2009, upon consideration of the Defendants' Motion for Summary Judgment, the briefs filed by the parties and after argument; IT IS HEREBY ORDERED AND DIRECTED that the Defendants' Motion for Summary Judgment is DENIED. By the Court, -. Michael E. Kosik, Esquire /Attorney for Plaintiffs ? Christopher M. Reeser, Esquire Attorney for Defendants bas Co ? es rn? ? l? P a ? ap ?\ -? 4A\ M. L. Ebert, Jr., J. Ffjf '' ??? ( ? ?1?1 , ?? tt?? ? ???? ?f ??;? `1 ?_? ii.. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) JOHN STONE and MARY ANN S His Wife, Plaintiffs V. RADISSON PENN HARRIS HOTEL N CONVENTION CENTER; PENN LOD( PARTNERS, L.P. t/d/b/a RADISSON PI HARRIS HOTEL AND CONVENTION CENTER; and HMC HOSPITALITY MANAGEMENT CORPORATION, Defendant (check one) () Assumpsit O Trespass (x) Trespass (Motor Vehicle) () Other The trial list will be called on October 20, 2009. Trials commence on November 16, 2009. Pre-trials will beheld on October 28, 2009 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 05-4727 CIVIL TERM Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, 4503 N. Front Street, Hbg., PA 17110 Indicate trial counsel for other parties if known: Christopher M. Reeser, 4200 Crums Mill Road Ste B, Harrisburg, 12-2 This case is ready for trial. Signed Print Name: Michael E. Kosik Attorney for Plaintiff(s) Date: 8/19/09 FiLED-?FICE OF '!''! PROTHONOTARY 2009 AUG 20 AM I I = 16 1. Tl ?pzs,oo "?rd?A? CK? 7488 ? a 2 Q?r?y