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HomeMy WebLinkAbout05-6380IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es): DANIEL F. HITE AND CHERYL M. HITE 2305 TREELINE DRIVE EASTON, PA 18040 Vs. Defendant(s) & Address(es): EAT'NPARK HOSPITALITY GROUP, INC. 1251 HARRISBURG PIKE CARLISLE,PA 17013 File No. *S- to.; l ??2-m Civil Action - PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in CIVIL ACTION-LAW in the above case. X Writ of Summons shall be issued and forwarded to AttoraWSheriff. -Stgnwture of Attorney Edward J. McKarski---- 10/ -- --- or ommerce Wad Bethlehem, PA X8017-8988 Name/Address/Telephone Number of Attorney Date: I'z 05 Supreme Court ID Number 36824 SUMMONS IN CIVIL ACTION TO: EAT'NPARK HOSPITALITY GROUP INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. P othon to erk, vi ivision Date: J)tC/4/._206S" by Deputy 1 ?/ SHERIFF'S RETURN - REGULAR CASE NO: 2005-06380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HITE DANIEL F ET AL VS EAT'N PARK HOSPITALITY GROUP DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon EAT'NPARK HOSPITALITY GROUP INC the DEFENDANT , at 1435:00 HOURS, on the 21st day of December-, 2005 at 1251 HARRISBURG PIKE CARLISLE, PA 17013 CRYSTAL MOYER, GENERAL by handing to MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at. the same time directing Her attention to the contents thereof. Sherif'f's Costs: So Answers: Docketing 18. 00 Service 4. 80 m ?,= Affidavit .00 Surcharge 10 .00 R. Thomas Kline .00 32 .80 12/22/2005 EDWARD MCKARSKI Sworn and Subscribed to before me this ?k day of A.D. P not ry By: Deputy Sheriff ? ..Wft DANIEL F. HITE AND IN THE COURT OF COMMON PLEAS OF CHERYL M HITE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . V. NO. 05-6380 EAT'N PARK HOSPITALITY CIVIL ACTION - LAW GROUP, INC. Defendant. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY.- Kindly enter the appearance of the undersigned on behalf of Defendant, Eat'n Park Hospitality Group, Inc. in the above captioned case. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: March 15, 2006 BY: . Christopher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant ?- DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M Reeser, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on March 1e7 , 2006, served a copy of the Entry of Appearance via First Class United States mail, postage prepaid as follows: Edward J. Mckarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 Christopher M. Reeser, Esquire V05_ATIABACMREESER\LLPGA215621AKAMOYERSV03030A50000 "10 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. NO. 05-6380 CIVIL ACTION-LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 2 66 Edward J. NtCKrski, Esquire Attorney I.D. #36824 Attorney for Plaintiffs 107 North Commerce Way, Bethlehem, PA 18017 Telephone: 610-866-0198 Dated: I - Q Facsimile: 610-866-9490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HUE and CHERYL M. HITE, h/w, CIVIL ACTION-LAW Plaintiffs, NO. 05-6380 v EAT' N PARK HOSPITALITY JURY TRIAL DEMANDED GROUP, INC., Defendant. COMPLAINT 1. Plaintiffs, Daniel Francis Hite, also and correctly known as Francis D. Hite, and Cheryl M. Hite, are adult individuals who are husband and wife and who reside at 2305 Treeline Drive, Easton, Northampton County, Pennsylvania 18040. 2. Defendant, Eat'n Park Hospitality Group, Inc., is believed to be a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered address at 285 East Waterfront Drive, Allegheny County, Pennsylvania 15120. 3. At all times relevant hereto, Defendant owned and operated a restaurant known as Eat'n Park and located at 1251 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "the premises"). 4. At all times relevant hereto, Defendant, by its agents, servants, workmen and/or employees, owned, controlled and possessed an Eat'n Park restaurant and surrounding parking lot located at the premises. 5. At all times relevant hereto, Defendant intended that its customers, patrons and the general public, including Plaintiffs, would have access to the parking lot in furtherance of its business operations at the premises 6. At all times relevant hereto, Defendant intended that its customers, patrons and the general public, including Plaintiffs, would use the parking lot in furtherance of its business operations at the premises. 7. On January 19, 2004, Plaintiff, Daniel F. Hite, was a patron and customer at the premises of Defendant in furtherance of Defendant's business as a restaurant. 8. At all times relevant hereto, Plaintiff, Daniel F. Hite, was lawfully on the premises of Defendant as business invitee. 9. At all times relevant hereto, Defendant intended to keep the premises and handicapped parking lot area free of defects and conditions that would pose a threat of injury to persons lawfully on said premises. 10. On January 19, 2004, Defendant permitted the handicapped parking lot area of the premises to become hazardous for patrons and customers to traverse when it failed and refused to remove or otherwise remedy the dangerous icy conditions existing in said area. 11. At all times relevant hereto, Plaintiff, Daniel F. Hite, used Defendant's handicapped parking lot area as intended by Defendant. 12. Prior to the time Plaintiff, Daniel F. Hite, entered onto the premises, Defendant had time and opportunity to remove or otherwise remedy the dangerous ice conditions existing in the handicapped parking lot area of the premises. 13. At all times relevant hereto, Defendant was responsible for the inspection, control, maintenance, and keeping the premises free of defective and dangerous conditions, including keeping the handicapped parking lot area free of ice. 14. At all times relevant hereto, no other person or entity but Defendant was responsible for the performance of inspection, maintenance and repairs to the premises' handicapped parking lot area. 15. On January 19, 2004 at approximately 12:20 p.m. while in the handicapped section of the premises' parking lot, Plaintiff, Daniel F. Hite, sustained serious, permanent and disabling injuries when he slipped on ice and fell. 16. At all -times relevant hereto, Plaintiff, Daniel F. Hite, was proceeding with caution and exercising due care for his own safety under the circumstances. 3 17. At all times relevant hereto, Defendant had a duty and responsibility to take all reasonable measures to inspect and correct the icy and dangerous conditions existing in the premises' handicapped parking lot area. 18. At all times relevant hereto, Defendant had a duty and responsibility to take all reasonable measures to warn its patrons and customers about the icy and dangerous conditions existing in the premises' handicapped parking lot area. 19. Defendant knew or should have known prior to Plaintiff, Daniel F. Hite's, accident that the icy and dangerous conditions existing in the premises' handicapped parking lot area created an unreasonable risk of harm to patrons and customers on the premises, including Plaintiff, Daniel F. Hite. 20. The icy and dangerous conditions existing in the premises handicapped parking lot area could have been discovered and remedied upon proper inspection by Defendant. 21. As a direct and proximate result of his slip and fall in the handicapped parking lot area of Defendant's premises, Plaintiff, Daniel F. Hite, suffered injuries and damages, including but not limited to the following, some or all of which may be permanent in nature, the full extent of which may not yet be known: a. Injuries to the right side of Plaintiff's body, including the arm, shoulder, neck, lower scalp, hand and fingers; Injuries to Plaintiff's face and jaw area, including damages sustained to Plaintiff's temporo mandibular joint; c. Injuries to Plaintiff's mouth and teeth, including the loss of a tooth and broken partial bridge; d. Certain injuries directly and proximately caused by the aforesaid injuries to Plaintiff's face, jaw, mouth and teeth, including dental correction, cosmetic damage, speech problems and chewing difficulties; e. Injuries to Plaintiff's nerves and nervous system; L Great pain, suffering, mental anguish and loss of life's pleasures, past and future; and g. Hospital, medical, dental and rehabilitative expenses, past and future. COUNTI PLAINTIFF, DANIEL FRANCIS HITE v. DEFENDANT 22. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 -21 above as if fully set forth herein at length. 23. The negligence, carelessness and recklessness of Defendant consisted of certain acts and omissions, including but not limited to the following: a. Failure to properly maintain the premises and particularly the handicapped parking lot area of the premises in a safe condition; b. Failure to keep the premises and particularly the handicapped parking lot area of the premises in good repair; c. Failure to warn patrons and customers, including Plaintiff, of the dangerous conditions existing in the premises' handicapped parking lot area; d. Failure to install and keep in good working order safety equipment that would warn others, including Plaintiff, of the icy conditions existing in the premises' handicapped parking lot area; e. Failure to keep pedestrian traffic limited to safe areas of the premises, including the handicapped parking lot area; f. Failure to take measures to prevent the premises' handicapped parking lot area from presenting a dangerous and unreasonable risk of harm to others, particularly patrons and customers, including Plaintiff, who were using the handicapped parking lot area; g. Failure to provide alternative locations for handicapped parking which were free of danger so as to enable patrons and customers, including Plaintiff, to enter, traverse and exit Defendant's premises safely; h. Failure to establish an appropriate program of inspection of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; i. Failure to establish an appropriate program of maintenance of the premises and parking lot areas so as to prevent the premises' handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; Failure to follow established programs of inspection of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; k. Failure to follow established programs of maintenance of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; 1. Failure to make the premises and handicapped parking lot areas safe for persons, such as Plaintiff, who are on Defendant's premises and need to utilize the handicapped parking lot areas; M. Failure to exercise proper and adequate care necessary under the circumstances; n. Negligence under the law and in fact as will be further revealed through discovery. WHEREFORE, Plaintiff, Daniel F. Hite, demands judgment against Defendant, Eat'nPark Hospitality Group, Inc., in an amount in excess of fifty thousand ($50,000.00) dollars, plus costs and interest and such other relief as the Court deems just and proper. COUNT II PLAINTIFF, CHERYL M. HITE v. DEFENDANT LOSS OF CONSORTIUM 24. Plaintiff incorporates by reference the allegations set forth in paragraphs 1-23 above as if fully set forth herein at length. 25. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Cheryl M. Hite, sustained the following injuries and damages: a. Loss of services, society and conjugal fellowship of husband, Plaintiff, Daniel F. Hite. WHEREFORE, Plaintiff, Cheryl M. Hite, demands compensatory damages against Defendant in an amount in excess of fifty thousand ($50,000.00) dollars plus costs, interest and such other relief as the Court deems just and proper. Bethlehem, PA 18017 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiffs Dated: ?-1`3 i-) C Attorney I.D. No. 36824 107 North Commerce Way VERIFICATION We, Daniel F. Hite, also and correctly known as Francis D. Hite, and Cheryl M. Hite verify that the facts contained in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. Date: Date: l Daniel F. Hite K.. r' 1 ?7 i ', - C .J ?i C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h(w Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. ) ) NO. 05-6380 CIVIL ACTION-LAW PRAECIPE FOR SUBSTITUTION OF VERIFICATION To the Prothonotary: Kindly file the attached verification and substitute the same for the verification attached to the Complaint filed on April 4, 2006 in the above captioned action. B Edward McKarski, Esquire Dated: -7- a C Attorney I.D. #3682 Attorney for Plaintiffs VERIFICATION We, Daniel F. Hite, also and correctly known as Francis D. Hite, and Cheryl M. Hite, verify that the facts contained in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: Y y 6 Daniel F. Hite r Cheryl . Hite f? Il •. _ 'i _rl ?'.. C_ ':? J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w } NO. 05-6380 CIVIL ACTION-LAW Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. CERTIFICATE OF SERVICE I, Edward J. McKarski, Esquire, hereby certify that on March 31, 2006, I served upon the person and in the manner indicated below, copies of the Notice To Defend and Complaint in the manner indicated herein below, which service satisfies the Pennsylvania Rules of Civil Procedure: Service by Regular United States mail, postage prepaid to: Christopher M. Reeser, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Z"v Edward J. McKarski Attorney I.D. #36824 107 North Commerce Way Bethlehem, PA 18017 Telephone: 610-866-0198 Attorney for Plaintiffs Dated: I - 7 - G 4 DANIEL F. HITE AND IN THE COURT OF COMMON PLEAS OF CHERYL M HITE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 05-6380 EAT'N PARK HOSPITALITY CIVIL ACTION - LAW GROUP, INC. Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Daniel F. Hite and Cheryl M. Hite, Plaintiffs c/o Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: Aprilk:j_t , 2006 BY: drfgfo?pher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO THE COMPLAINT WITH NEW MATTER 1. Denied. Answering Defendant does not have sufficient information to form a belief as the truth or falsity of the averment in Paragraph 1. 2. Admitted. The correct address for Defendant is 285 East Waterfront Drive, Post Office Box 3000, Pittsburgh, PA 15230. 3. Admitted. 4. Admitted that Defendant owned an Eat'n Park restaurant and the parking lot that surrounded the premises. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Admitted that on January 19, 2004, Plaintiff Daniel F. Hite was on Defendant's premises. Denied that Plaintiff Daniel F. Hite was a patron and customer in furtherance of Defendant's business as a restaurant. Defendant does not know what Plaintiffs intentions were. 8. The averment in Paragraph 8 is a legal conclusion to which no responsive pleading is required. 9. Admitted. 10. Denied that Defendant permitted the handicapped parking lot area of the subject premises to be hazardous for patrons and customers. Denied that Defendant failed and refused to remove or otherwise remedy the dangerous icy conditions existing in the area. 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is denied that dangerous icy conditions existed in the handicapped parking lot area of the premises. 13. Admitted that Defendant owned and controlled the parking lot at the Eat'n Park located in Carlisle. The reminder of Paragraph 13 is a legal conclusion to which no responsive pleading is required. 14. Denied. Defendant hired an independent contractor named Shawn Liberator who was responsible for snow removal and salting of the property. 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. The averment in Paragraph 17 is a legal conclusion to which no responsive pleading is required. 18. The averment in Paragraph 18 is a legal conclusion to which no responsive pleading is required. 19. Denied that icy and dangerous conditions existed at the handicapped parking lot area of the Eat'n Park located in Carlisle which created an unreasonable risk of harm to patrons and customers on the premises. 20. Denied that icy and dangerous conditions existed in the handicapped parking area at the Carlisle Eat'n Park. 21. (a-g) Denied pursuant to Pa.R.C.P. 1029(e). COUNTI PLAINTIFF, DANIEL FRANCIS HITE v. DEFENDANT 22. No responsive pleading is required. 23. (a-1) The averment in Paragraph 23 and Subparagraphs 23(a-1) are conclusions of law to which no responsive pleading is required. To the extent that averment in Paragraph 23 and Subparagraphs 23(a-1) are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). 23.(m-n) Stricken by Stipulation of the parties. WHEREFORE, Defendant requests judgment be entered into its favor. COUNT II PLAINTIFF, CHERYL M. HITE v. DEFENDANT LOSS OF CONSORTIUM 24. No responsive pleading is required. 25. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered into its favor. NEW MATTER 26. Paragraphs 1-25 of Defendant's Answer are incorporated herein by reference as is set forth at length. 27. Plaintiff s claims or any amendment thereto are barred by the applicable statute of limitations. 28. The existence of any dangerous condition on Defendant's property, which specifically is denied, was an "open and obvious condition" and the Plaintiff had a duty to protect himself from that condition. 29. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. 30. Plaintiffs claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §1702. 31. Plaintiff, Daniel F. Hite, has failed to mitigate his damages. 32. Plaintiff, Daniel F. Hite, assumed the risk of any and all injuries and damages that Plaintiff alleges to have suffered. 33. Plaintiffs claim is barred because he could have chosen a safer choice of ways and elected not to proceed to follow the safer path. WHEREFORE, Defendant requests judgment be entered in its favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: April A 2006 BY: r._, Christopher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant 4 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: 4- Z? 20 Ot David L. Wohleber, Executive Vice President Eat'n Park Hospitality Group, Inc. DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 . CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M Reeser, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April U 2006, served a copy of the Defendant's Answer to the Complaint with New Matter via First Class United States mail, postage prepaid as follows: Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 Christopher M. Reeser, Esquire l05_A%LMkCMREESERILLPOM 5459TAMOYERS103030102824 s ? f % c' -1'f ?'? ? ? [l??'- 'l ''[_) CJ .?" :< _.. DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 . CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION The parties hereby stipulate and agrees as follows: 1. Subparagraphs 23(m) and 23(n) of Plaintiffs' Complaint are stricken. 2. Defendant shall have twenty (20) days from the date of the filing of this Stipulation to file an Answer to the Complaint. E cICarski, Esquire Attorney for Plaintiff s opher M. Reeser, Esquire Attorney for Defendant DATE DATE APR ° 7 2006 nZ? N ca ? DANIEL F. HITE AND IN THE COURT OF COMMON PLEAS OF CHERYL M HITE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 05-6380 EAT'N PARK HOSPITALITY CIVIL ACTION - LAW GROUP, INC. Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Daniel F. Hite and Cheryl M. Hite, Plaintiffs c/o Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: May 8, 2006 BY: Chns opher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO THE COMPLAINT WITH NEW MATTER 1. Denied. Answering Defendant does not have sufficient information to form a belief as the truth or falsity of the averment in Paragraph 1. 2. Admitted. The correct address for Defendant is 285 East Waterfront Drive, Post Office Box 3000, Pittsburgh, PA 15230. 3. Admitted. 4. Admitted that Defendant owned an Eat'n Park restaurant and the parking lot that surrounded the premises. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Admitted that on January 19, 2004, Plaintiff Daniel F. Hite was on Defendant's premises. Denied that Plaintiff Daniel F. Hite was a patron and customer in furtherance of Defendant's business as a restaurant. Defendant does not know what Plaintiffs intentions were. 8. The averment in Paragraph 8 is a legal conclusion to which no responsive pleading is required. 9. Admitted. 10. Denied that Defendant permitted the handicapped parking lot area of the subject premises to be hazardous for patrons and customers. Denied that Defendant failed and refused to remove or otherwise remedy the dangerous icy conditions existing in the area. 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is denied that dangerous icy conditions existed in the handicapped parking lot area of the premises. 13. Admitted that Defendant owned and controlled the parking lot at the Eat'n Park located in Carlisle. The reminder of Paragraph 13 is a legal conclusion to which no responsive pleading is required. 14. Denied. Defendant hired an independent contractor named Shawn Liberator who was responsible for snow removal and salting of the property. 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. The averment in Paragraph 17 is a legal conclusion to which no responsive pleading is required. 18. The averment in Paragraph 18 is a legal conclusion to which no responsive pleading is required. 19. Denied that icy and dangerous conditions existed at the handicapped parking lot area of the Eat'n Park located in Carlisle which created an unreasonable risk of harm to patrons and customers on the premises. 20. Denied that icy and dangerous conditions existed in the handicapped parking area at the Carlisle Eat'n Park. 21. (a-g) Denied pursuant to Pa.R.C.P. 1029(e). COUNTI PLAINTIFF, DANIEL FRANCIS HITE v. DEFENDANT 22. No responsive pleading is required. 23. (a-1) The averment in Paragraph 23 and Subparagraphs 23(a-1) are conclusions of law to which no responsive pleading is required. To the extent that averment in Paragraph 23 and Subparagraphs 23(a-1) are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). 23.(m-n) Stricken by Stipulation of the parties. WHEREFORE, Defendant requests judgment be entered into its favor. COUNT II PLAINTIFF, CHERYL M. HITE v. DEFENDANT LOSS OF CONSORTIUM 24. No responsive pleading is required. 25. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered into its favor. NEW MATTER 26. Paragraphs 1-25 of Defendant's Answer are incorporated herein by reference as is set forth at length. 27. Plaintiffs claims or any amendment thereto are barred by the applicable statute of limitations. 28. The existence of any dangerous condition on Defendant's property, which specifically is denied, was an "open and obvious condition" and the Plaintiff had a duty to protect himself from that condition. 29. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. 30. Plaintiffs claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §1702. 31. Plaintiff, Daniel F. Hite, has failed to mitigate his damages. 32. Plaintiff, Daniel F. Hite, assumed the risk of any and all injuries and damages that Plaintiff alleges to have suffered. 33. Plaintiffs claim is barred because he could have chosen a safer choice of ways and elected not to proceed to follow the safer path. WHEREFORE, Defendant requests judgment be entered in its favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: May 8, 2006 BY: er M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: David L. Wohleber, Executive Vice President Eat'n Park Hospitality Group, Inc. DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M .Reeser, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on May 8, 2006, served a copy of the Defendant's Answer to the Complaint with New Matter via First Class United States mail, postage prepaid as follows: Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 stopher M. Reeser, Esquire \05 A\LIAB\CMREESER\LLPG\218458\KP.MOYERS\03030\02824 rz pn rM mr ?c rn U' DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT CUMBERLAND NO. 05-6380 CIVIL ACTION - JURY TRIAL DE? TO THE PROTHONOTARY. Kindly issue a Writ of Summons to join the following as an above captioned case: Shawn Liberator d/b/a Liberator Snow 1995 Spring Road, Carlisle, PA 17013. COMMON PLEAS OF JNTY, PENNSYLVANIA W Defendant in the Respec?lly su mitted, MARSHALL, ENNEHI COLEMAN & GOGGIN DATE May 26, 2006 BY: WARNER, CHMUSTOPHE REESER, ESQUIRE I.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for De endant O C o "+? J 9'c rn S-- e.` r T? O DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. IN THE COURT CUMBERLAND NO. 05-6380 EAT'N PARK HOSPITALITY CIVIL ACTION - GROUP, INC. Defendant. JURY TRIAL DEl CERTIFICATE OF SERVICE I, Christopher M Reeser, Esquire of Marshall, Dennehey, V do hereby certify that on May 26, 2006, served a copy of the Praec Summons to Join Additional Defendant via First Class United St follows: Edward J. McKarski, Esquire Roberta Berger, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 Christopher M. \05_A\LIAB\CMREESER\LLPG\222366\KAMOYERS\03030\02824 COMMON PLEAS OF JNTY, PENNSYLVANIA W mer, Coleman & Goggin, e for Issuance of Wirt of es mail, postage prepaid as c? "' ? c c„ G . ? Jti?1 r., ,;.:_. ? Tyr-i y _ w ` ? o v ? -c Cumberland County, ss : The Commonwealth of Pennsylvania (Name 4 Additional Defendant) You are notified that mat! (Name (s) ($) ) 1g& (have) joined you as an additional defendant in this quired to defend. Date 7nna 1, 7006 which you are re- By Deputy N O tN N ' N ~1 ? a W 0 0 10 d A 4 .W rvi H 9 tIA rg 4 6 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. ) ) NO. 05-6380 CIVIL ACTION-LAW REPLY TO NEW MATTER 26. Plaintiffs incorporate paragraphs 1-25 of the Complaint as if fully set forth herein at length. 27. Denied. The allegations set forth in paragraph 27 constitute conclusions of law which, as such, require no response. 28. Denied. It is specifically denied that Plaintiff failed to take all reasonable measures to protect himself from danger while on Defendant's premises. The allegations in paragraph 28 are further denied as conclusions of law which, as such, require no response. 29. Denied. The allegations in paragraph 29 constitute conclusions of law which, as such, require no response. 30. Denied. The allegations in paragraph 30 constitute conclusions of law which, as such, require no response. 31. Denied. The allegation in paragraph 31 constitutes a conclusion of law which, as such, requires no response. 32. Denied. The allegations in paragraph 32 constitute conclusions of law which, as such, require no response. 33. Denied. It is specifically denied that Plaintiff's claim is barred because he could have chosen a safer choice of ways and elected to proceed to follow the safer path. Plaintiff chose to use the handicapped parking space provided at Defendant's premises for the purpose for which it was intended, namely the access and egress of Defendant's premises by persons whose physical condition is impaired, a person such as Plaintiff, Cheryl M. Hite. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of fifty thousand ($50,000.00) dollars plus costs, interest and such other relief as the Court deems just and proper. By. 0' Edward J. Mc rski, Esquire Attorney I.D. No. 36824 107 North Commerce Way Bethlehem, PA 18017 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiffs Dated: 4 -L -04 VERIFICATION We, Daniel F. Hite, also and correctly known as Francis D. Hite, and Cheryl M. Hite, verify that the facts contained in the foregoing Reply To New Matter are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. Date: Ci b ?D . Daniel F. Hite Date: Chery M. Hite r? N? i O 'T7 ,j4J TI { TJ -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs CIVIL ACTION - LAW NO. 05-6380 VS. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. JURY TRIAL DEMANDED SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Shawn Liberator d,%/a Liberator Snow Removal, the Additional Defeisdant, in the above-captioned case. BUZGON DAVIS LAW OFFICES DATE: July 5, 2006 BY: SCOT . GRENOBLE, ESQUIRE Atto I.D. #72808 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 Email - sgrenoble@buzgondavis.com (717) 274-1421 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs vs. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, Additional Defendant CIVIL ACTION - LAW NO. 05-6380 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Shawn Liberator d/b/a Liberator Snow Removal, being duly sworn according to law, depose and say that on July 6, 2006, I mailed for filing to the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR ENTRY OF APPEARANCE and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Edward J. McKarski, Esquire, 107 North Commerce Way, Bethlehem, Pennsylvania 18017, Attorney for Plaintiffs and Christopher Reeser, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Defendant. Sworn to and subscribed before me this 6 h day of July, A.D., 2006. JANELLE K. WORCESTER Notary Public DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally of by attorney and filing in wiring with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249-3166 DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW SHAWN LIBERATOR dlbla LIBERATOR SNOW REMOVAL, JURY TRIAL DEMANDED Additional Defendant. NOTICA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en ersona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249-3166 DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant, V. SHAWN LIBERATOR d/b(a LIBERATOR SNOW REMOVAL, Additional Defendant. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED 1. Plaintiffs Daniel F. Hite and Cheryl M. Hite filed a Complaint against Defendant Eat'n Park Hospitality Group, Inc. arising out of an alleged slip and fall accident that occurred on January 19, 2004 on property owned by Defendant. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit A and incorporated herein by reference, without adoption. 2. Defendant has filed an Answer with New Matter to Plaintiffs' Complaint. A true and correct copy of Defendant's Answer with New Matter is attached hereto as Exhibit B. 3. Additional Defendant Shawn Liberator is an adult individual who resides at 996 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania. 4. Additional Defendant Shawn Liberator owns and operates a snow removal business in the Commonwealth of Pennsylvania under the trade name of Liberator Snow Removal, which has a principal place of business located at 1995 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 5. On the date on which Plaintiff Daniel Hite alleges that his slip and fall accident occurred on Defendant's property, Additional Defendant had a written contract with Defendant to perform snow removal services and/or apply salt and/or de-icing material, sand and/or a nonskid material to increase traction on Defendant's parking lot in the case of snow or adverse weather conditions. (A copy of the proposal submitted by Shawn Liberator which was accepted by Eat'n Park is attached hereto as Exhibit C.) 6. On January 18, 2004, snow and freezing rain fell in the Carlisle area. 7. As a result of the freezing precipitation that fell on January 18, 2004, Additional Defendant had a duty to remove snow and ice from Defendant's parking lot in accordance with the contract. 8. Additional Defendant did indeed perform snow removal services on January 18, 2004. 9. Although the Carlisle area experienced precipitation in the form of freezing rain or alternatively experienced precipitation in the form of rain while temperatures hovered very close to 32T, Additional Defendant did not, upon information and belief, salt the parking lot which would have caused any freezing rain or freezing precipitation to melt. 10. As a result of the services provided by Additional Defendant to Defendant on January 18, 2004, Additional Defendant was compensated by Defendant in the amount of $85.00. 11. Upon information and belief, Additional Defendant removed snow from Defendant's parking lot in a fashion that parking stalls within the parking lot were susceptible to slippery conditions as a result of potential melting and refreezing. 12. Upon information and belief, snow was not completely removed from Defendant's parking lot. 2 13. Additional Defendant's failure to properly remove snow from Defendant's parking lot and Additional Defendant's failure to spread salt and/or failure to properly salt the parking stall on which Plaintiff Daniel Hite alleges that he slipped and fell constitutes negligence on the part of Additional Defendant. 14. Additional Defendant's failure to property remove snow from Defendant's parking lot and Additional Defendant's failure to spread salt and/or failure to properly salt the parking stall on which Plaintiff Daniel Hite alleges that he slipped and fell constitutes a breach of contract on the part of Additional Defendant. 15. Any liability on the part of Defendant is specifically denied. 16. For the above referenced reasons, Additional Defendant Shawn Liberator d/b/a Liberator Snow Removal is alone liable to Plaintiffs, liable to Defendant for contribution, or is jointly or severally liable to Plaintiffs with Defendant. WHEREFORE, Defendant Eat'n Park Hospitality Group, Inc., claims sole liability on the part of Additional Defendant Shawn Liberator d/b/a Liberator Snow Removal, or in the event of any liability on the part of Defendant Eat'n Park Hospitality Group, Inc., contribution and/or indemnity against Additional Defendant for the full amount of any such liability and/or the comparative share of any such liability on the part of Additional Defendant. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN-& GOGGIN DATE July 18, 2006 BY: Q- CHRISTOPHER REESER, ESQUIRE I.D. No. 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w NO. 05-6380 CIVIL ACTION-LAW Plaintiffs, v EAT'N PARK HOSPITALITY GROUP, INC. Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY, AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 ( 717) 294 Edward J. McKarski, Esquire Attorney I.D. #36824 Attorney for Plaintiffs 107 North Commerce Way, Bethlehem, PA 18017 Telephone: 610-866-0198 Dated: Q Facsimile: 610-866-9490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HIM and CHERYL M. HITE, h/w, CIVIL ACTION-LAW Plaintiffs, NO. 05-6380 V. EAT' N PARK HOSPITALITY JURY TRIAL DEMANDED GROUP, INC., Defendant. COMPLAINT 1. Plaintiffs, Daniel Francis Hite, also and correctly known as Francis D. Hite, and Cheryl M. Hite, are adult individuals who are husband and wife and who reside at 2305 Treeline Drive, Easton, Northampton County, Pennsylvania 18040. 2. Defendant, Eat'n Park Hospitality Group, Inc., is believed to be a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a registered address at 285 East Waterfront Drive, Allegheny County, Pennsylvania 15120. 3. At all times relevant hereto, Defendant owned and operated a restaurant known as Eat'n Park and located at 1251 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "the premises"). 4. At all times relevant hereto, Defendant, by its agents, servants, workmen and/or employees, owned, controlled and possessed an Eat'n Park restaurant and surrounding parking lot located at the premises. 5. At all times relevant hereto, Defendant intended that its customers, patrons and the general public, including Plaintiffs, would have access to the parking lot in furtherance of its business operations at the premises 6. At all times relevant hereto, Defendant intended that its customers, patrons and the general public, including Plaintiffs, would use the parking lot in furtherance of its business operations at the premises. 7. On January 19, 2004, Plaintiff, Daniel F. Hite, was a patron and customer at the premises of Defendant in furtherance of Defendant's business as a restaurant. 8. At all times relevant hereto, Plaintiff, Daniel F. Hite, was lawfully on the premises of Defendant as business invitee. 9. At all times relevant hereto, Defendant intended to keep the premises and handicapped parking lot area free of defects and conditions that would pose a threat of injury to persons lawfully on said premises. 10. On January 19, 2004, Defendant permitted the handicapped parking lot area of the premises to become hazardous for patrons and customers to traverse when it failed and refused to remove or otherwise remedy the dangerous icy conditions existing in said area. 11. At all times relevant hereto, Plaintiff, Daniel F. Hite, used Defendant's handicapped -parking lot area as intended by Defendant. 12. Prior to the time Plaintiff, Daniel F. Hite, entered onto the premises, Defendant had time and opportunity to remove or otherwise remedy the dangerous ice conditions existing in the handicapped parking lot area of the premises. 13. At all times relevant hereto, Defendant was responsible for the inspection, control, maintenance, and keeping the premises free of defective and dangerous conditions, including keeping the handicapped parking lot area free of ice. 14. At all times relevant hereto, no other person or entity but Defendant was responsible for the performance of inspection, maintenance and repairs to the premises' handicapped parking lot area. 15. On January 19, 2004 at approximately 12:20 p.m. while in the handicapped section of the premises' parking lot, Plaintiff, Daniel F. Hite, sustained serious, permanent and disabling injuries when he slipped on ice and fell. 16. At all times relevant hereto, Plaintiff, Daniel F. Hite, was proceeding with caution and exercising due care for his own safety under the circumstances. 17. At all times relevant hereto, Defendant had a duty and responsibility to take all reasonable measures to inspect and correct the icy and dangerous conditions existing in the premises' handicapped parking lot area. 18. At all times relevant hereto, Defendant had a duty and responsibility to take all reasonable measures to warn its patrons and customers about the icy and dangerous conditions existing in the premises' handicapped parking lot area. 19. Defendant knew or should have known prior to Plaintiff, Daniel F. Hite's, accident that the icy and dangerous conditions existing in the premises' handicapped parking lot area created an unreasonable risk of harm to patrons and customers on the premises, including Plaintiff, Daniel F. Hite. 20. The icy and dangerous conditions existing in the premises handicapped parking lot area could have been discovered and remedied upon proper inspection by Defendant. 21. As a direct and proximate result of his slip and fall in the handicapped parking lot area of Defendant's premises, Plaintiff, Daniel F. Hite, suffered injuries and damages, including but not limited to the following, some or all of which may be permanent in nature, the full extent of which may not yet be known: \11. a. Injuries to the right side of Plaintiffs body, including the arm, shoulder, neck, lower scalp, hand and fingers; b. Injuries to Plaintiffs face and jaw area, including damages sustained to Plaintiffs temporo mandibular joint; c. Injuries to Plaintiffs mouth and teeth, including the loss of a tooth and broken partial bridge; d. Certain injuries directly and proximately caused by the aforesaid injuries to Plaintiff's face, jaw, mouth and teeth, including dental correction, cosmetic damage, speech problems and chewing difficulties; e. Injuries to Plaintiffs nerves and nervous system; f. Great pain, suffering, mental anguish and loss of life's pleasures, past and future; and g. Hospital, medical, dental and rehabilitative expenses, past and future. COUNTI PLAINTIFF, DANIEL FRANCIS HITE v. DEFENDANT 22. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 -21 above as if fully set forth herein at length. 23. The negligence, carelessness and recklessness of Defendant consisted of certain acts and omissions, including but not limited to the following: a. Failure to properly maintain the premises and particularly the handicapped parking lot area of the premises in a safe condition; b. Failure to keep the premises and particularly the handicapped parking lot area of the premises in good repair; c. Failure to warn patrons and customers, including Plaintiff, of the dangerous conditions existing in the premises' handicapped parking lot area; d. Failure to install and keep in good working order safety equipment that would warn others, including Plaintiff, of the icy conditions existing in the premises' handicapped parking lot area; e. Failure to keep pedestrian traffic limited to safe areas of the premises, including the handicapped parking lot area; f. Failure to take measures to prevent the premises' handicapped parking lot area from presenting a dangerous and unreasonable risk of harm to others, particularly patrons and customers, including Plaintiff, who were using the handicapped parking lot area; g. Failure to provide alternative locations for handicapped parking which were free of danger so as to enable patrons and customers, including Plaintiff, to enter, traverse and exit Defendant's premises safely; h. Failure to establish an appropriate program of inspection of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; i. Failure to establish an appropriate program of maintenance of the premises and parking lot areas so as to prevent the premises' handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; Failure to follow established programs of inspection of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; k. Failure to follow established programs of maintenance of the premises and parking lot areas so as to prevent the handicapped parking lot areas from becoming dangerous and posing an unreasonable risk of harm to patrons and customers, including Plaintiff; 1. Failure to make the premises and handicapped parking lot areas safe for persons, such as Plaintiff, who are on Defendant's premises and need to utilize the handicapped parking lot areas; m. Failure to exercise proper and adequate care necessary under the circumstances; n. Negligence under the law and in fact as will be further revealed through discovery. WHEREFORE, Plaintiff, Daniel F. Hite, demands judgment against Defendant, Eat'nPark Hospitality Group, Inc., in an amount in excess of fifty thousand ($50,000.00) dollars, plus costs and interest and such other relief as the Court deems just and proper. COUNT II PLAINTIFF, CHERYL N. HITE v. DEFENDANT LOSS OF CONSORTIUM 24. Plaintiff incorporates by reference the allegations set forth in paragraphs 1-23 above as if fully set forth herein at length. 25. As a direct and proximate result of the aforesaid negligence of Defendant, Plaintiff, Cheryl M. Hite, sustained the following injuries and damages: a. Loss of services, society and conjugal fellowship of husband, Plaintiff, Daniel F. Hite. WHEREFORE, Plaintiff, Cheryl M. Hite, demands compensatory damages against Defendant in an amount in excess of fifty thousand ($50,000.00) dollars plus costs, interest and such other relief as the Court deems just and proper. By: ?120 Edwar 7. Mc quire Attorney I.D. No. 36824 107 North Commerce Way Bethlehem, PA 18017 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiffs Dated: X3-.3 f-O C r VERMCAUON We, Daniel F. Hite, also and correctly known as Francis D. Hite, and Cheryl M. Elite verify that the facts contained in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. Dater Date 166 Daniel F. Hite l Cheryl M. to ?? ?, b o ? ? DANIEL F. HITE AND IN THE COURT OF COMMON PLEAS OF CHERYL M HITE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 05-6380 EAT'N PARK HOSPITALITY CIVIL ACTION - LAW GROUP, INC. Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Daniel F. Hite and Cheryl M. Hite, Plaintiffs c/o Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respec?ftlly submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: AprijC?LL, 2006 BY: CMISTo-pher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO THE COMPLAINT WITH NEW MATTER 1. Denied. Answering Defendant does not have sufficient information to form a belief as the truth or falsity of the averment in Paragraph 1. 2. Admitted. The correct address for Defendant is 285 East Waterfront Drive, Post Office Box 3000, Pittsburgh, PA 15230. 3. Admitted. 4. Admitted that Defendant owned an Eat'n Park restaurant and the parking lot that surrounded the premises. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Admitted that on January 19, 2004, Plaintiff Daniel F. Hite was on Defendant's premises. Denied that Plaintiff Daniel F. Hite was a patron and customer in furtherance of Defendant's business as a restaurant. Defendant does not know what Plaintiffs intentions were. 8. The averment in Paragraph 8 is a legal conclusion to which no responsive pleading is required. 9. Admitted. 10. Denied that Defendant permitted the handicapped parking lot area of the subject premises to be hazardous for patrons and customers. Denied that Defendant failed and refused to remove or otherwise remedy the dangerous icy conditions existing in the area. 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, it is denied that dangerous icy conditions existed in the handicapped parking lot area of the premises. 13. Admitted that Defendant owned and controlled the parking lot at the Eat'n Park located in Carlisle. The reminder of Paragraph 13 is a legal conclusion to which no responsive pleading is required. 14. Denied. Defendant hired an independent contractor named Shawn Liberator who was responsible for snow removal and salting of the property. 15. Denied pursuant to Pa.R.C.P. 1029(e). 16. Denied pursuant to Pa.R.C.P. 1029(e). 17. The averment in Paragraph 17 is a legal conclusion to which no responsive pleading is required. 18. The averment in Paragraph 18 is a legal conclusion to which no responsive pleading is required. 19. Denied that icy and dangerous conditions existed at the handicapped parking lot area of the Eat'n Park located in Carlisle which created an unreasonable risk of harm to patrons and customers on the premises. 20. Denied that icy and dangerous conditions existed in the handicapped parking area at the Carlisle Eat'n Park. 21. (a-g) Denied pursuant to Pa.R.C.P. 1029(e). 2 COUNTI PLAINTIFF, DANIEL FRANCIS HITE v. DEFENDANT NEGLIGENCE 22. No responsive pleading is required. 23. (a-1) The averment in Paragraph 23 and Subparagraphs 23(a-1) are conclusions of law to which no responsive pleading is required. To the extent that averment in Paragraph 23 and Subparagraphs 23(a-1) are deemed to be factual, those averments are denied pursuant to Pa.R.C.P.1029(e). 23.(m-n) Stricken by Stipulation of the parties. WHEREFORE, Defendant requests judgment be entered into its favor. COUNT H PLAINTIFF, CHERYL M. HITE v. DEFENDANT LOSS OF CONSORTIUM 24. No responsive pleading is required. 25. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered into its favor. NEW MATTER 26. Paragraphs 1-25 of Defendant's Answer are incorporated herein by reference as is set forth at length. 27. Plaintiffs claims or any amendment thereto are barred by the applicable statute of limitations. 28. The existence of any dangerous condition on Defendant's property, which specifically is denied, was an "open and obvious condition" and the Plaintiff had a duty to protect himself from that condition. 29. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. 30. Plaintiffs claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §1702. 31. Plaintiff, Daniel F. Hite, has failed to mitigate his damages. 32. Plaintiff, Daniel F. Hite, assumed the risk of any and all injuries and damages that Plaintiff alleges to have suffered. 33. Plaintiffs claim is barred because he could have chosen a safer choice of ways and elected not to proceed to follow the safer path. WHEREFORE, Defendant requests judgment be entered in its favor. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN DATE: April ?A 2006 BY: II? Christopher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant 4 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Answer with New Matter are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Answer with New Matter is that of counsel and not my own. I have read the Answer with New Matter and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Answer with New Matter are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Date: ?- '2? 1 U? David L. Wohleber, Executive Vice President Eat'n Park Hospitality Group, Inc. DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M.Reeser, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on April A 2006, served a copy of the Defendant's Answer to the Complaint with New Matter via First Class United States mail, postage prepaid as follows: Edward J. McKarski, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 Christopher M. Reeser, Esquire X05_AUJAB\CMREESER\LLPG\218458TCAMOYERS\03030\02824 Liberator Snow Remora! Shawn Liberator • . 1995 Spring Road (717) 249.22,x$ Cartfule, N 17013 (717) SM-82% rRQP4ML sin M. RAT W PARK 1251 HARMSBURO PIKE CARLISLE PA 17013 t, REMOVAL OF 4" SNOW OR LIMS FROM PARKA)RIVE AREA 04CLLIDING SIDEWALK MAINTM4ANCE 2. RUMOVALOF WSNOW FROM PARKIDRIVC ARRA TNCI.UT)1N09ff)EWAT.K MAINTENANCP. 3. REMOVAL OF 9.12" SNOW FROM PARKMRIVE AREA 1NC1. DING SIDEWALK MAINT13KANCR 4. SALT/CINDER AS N=)ED OR REQUESTED- S. IN THE EVENT CW HEAVY A0CUhIUI.ATT0N (12" +) THAT REQUIRES SNOW TO HE HAULED AWAY. A FEB FOR EACH ADDITIONAL PIRC6 OF EQUIPMENT WILL HE APP'UItD AT THU RATE OR 4. IN THE EVENT OF HEAVY ACCUMULATION 9iR[FM A SHORT PERIOD OF TIME WHERE FLOWING CAUSES SNOW BUILDUP FORCING REMOVAL OF SNOW, THE FEE AS STATED IN (5) ABOVE APPUVS. $140A0 PER FWR ACHJ=SERVICE 918SAD PER HOUR RACII APPLLC= $75.00 5150.0oF$It HOUR THE CONTRACTOR ASSUMES LIABILITY POR INJURIES TO HIMSELF AND EMPLOYEES tESULTING IN ACCIDENTS DURING SERVICE AND WILL IN NO CASE HOLD THE OWNER AABLE QK SMK C70 VBNSATION PRIOM THE OWNER. TM GONIRACTUR ASSUMES 1MSPOIN'SIBILTIY FOR DAMAGES TO THE OWNER'S PROPERTY RESULT11% FROM ACCIDENT )R NBOLIORNCE ON THE PART OF THE CONTRACTOR OR EMPLOYFA S. tESPF)CTFULLY SUBMII'lED- WCBPTIID: DATE: 1Q/e13 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Complaint against Additional Defendant are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Complaint against Additional Defendant is that of counsel and not my own. I have read the Complaint against Additional Defendant and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Complaint against Additional Defendant are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: '711c) 0-? A"" vid L. Wohle r, Executive Vice President Eat'n Park Hospitality Group, Inc. DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 05-6380 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M Reeser, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on July 18, 2006, served a copy of the Complaint Against Additional Defendant Sbawn Liberator d/b/a Liberator Snow Removal via First Class United States mail, postage prepaid as follows: Edward J. McKarski, Esquire Roberta Berger, Esquire 107 North Commerce Way Bethlehem, PA 18017-8988 Attorney for Plaintiff Scott Grenoble, Esquire BUZGON DAVIS 525 South Eighth Street PO Box 49 Lebanon, PA 17042-0049 Attorney for Defendant Shawn Liberator d/b/a Liberator Snow Removal Christopher M. Reeser \05 A\LIAR\CMREESER\LLPG\222585UCAMOYERS\03030\02824 c, ~ f 7-t `p rO j t\1 Fall Lm ation`:StMv 1'arrn Ins; l_ib<ralor-Answer, New Mutter anti C'rnssclaim.doc - X/10i()64 13 M-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE AND CHERYL M. HITE, H/W, PLAINTIFFS VS. EAT N' PARK HOSPITALITY GROUP, INC., DEFENDANT VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, ADDITIONAL DEFENDANT CIVIL ACTION - LAW NO. 05-6380 JURY TRIAL DEMANDED NOTICE TO PLEAD To Plaintiffs and Defendant: You are hereby notified to file a written response to the enclosed New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER, NEW MATTER AND NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) OF ADDITIONAL DEFENDANT AND NOW, comes the Additional Defendant, Shawn Liberator d/b/a Liberator Snow Removal, by his attorneys, Buzgon Davis Law Offices, and files this Answer, New Matter and New Matter Pursuant to Pa.R.C.P. 2252(d) averring as follows: 1. ANSWER Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that an agreement existed as between answering Additional Defendant and Defendant. It is denied that the agreement as Exhibit "C" constituted the terms and conditions of the agreement as in place at the time in question. 6. Denied. After reasonable investigation, Defendant is without specific information to respond to the averments of paragraph 6, strict proof being demanded at trial. 7. Denied. The averments of paragraph 7 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 8. Admitted. 9. Admitted. Upon information and belief, Additional Defendant was advised by Eat'n Park representatives that he should not undertake any salt or cinder activities without the express direction of Eat'n Park representatives. 10. Admitted upon information and belief. 11. Denied. 12. Denied. 13. Denied. The averments of paragraph 13 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. -2- 14. Denied. The averments of paragraph 14 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 15. Denied. The averments of paragraph 15 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 16. Denied. The averments of paragraph 16 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Additional Defendant, Shawn Liberator d/b/a Liberator Snow Removal, respectfully requests your Honorable Court to dismiss Defendant's joinder complaint with prejudice. II. NEW MATTER 17. The averments of paragraphs 1 through 16 are incorporated herein by reference as if textually set forth at length. 18. Plaintiffs injuries were pre-existing. 19. Plaintiffs' claims or any amendment thereto are barred by the applicable statute of limitations. 20. The existence of any dangerous condition of Defendant's property, which specifically is denied, was an "open and obvious condition" and the Plaintiff had a duty to protect himself from that condition. 21. Additional Defendant owed no duty to protect Plaintiffs from open and obvious conditions. -3- 22. Plaintiffs' claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. § 1702. 23. Plaintiff, Daniel F. Hite, has failed to mitigate his damages. 24. Plaintiff, Daniel F. Hite, assumed the risk of any and all injuries and damages that Plaintiff alleges to have suffered. 25. Plaintiff's claim is barred because he could have chosen a safer choice of ways and elected not to proceed to follow the safer path. WHEREFORE, Additional Defendant, Shawn Liberator d/b/a Liberator Snow Removal, respectfully requests your Honorable Court to dismiss Defendant's joinder complaint with prejudice. III. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 26. The averments ofragraphs I through 25 above are incorporated herein by reference as if textually set fo at length. 27. Additional Defendant avers that if Plaintiffs sustained any damages as is alleged in their Complaint, which is hereby specifically denied, then Defendant Eat'n Park is alone liable or liable over to Additional Defendant or jointly or severally liable for said damages, any liability of the answering Additional Defendant being hereby expressly denied. 28. Additional Defendant hereby crossclaims against Defendant Eat'n Park to protect his right of indemnity and contribution, and in the event that it is judicially determined that Additional Defendant is jointly or severally liable to Plaintiffs, then Defendant Eat'n Park is liable over to Additional Defendant, the existence of any liability on the part of the answering -4- Additional Defendant, Shawn Liberator d/b/a Liberator Snow Removal, being hereby expressly denied. WHEREFORE, Additional Defendant avers that he is not liable to Plaintiffs in the within cause of action and requests your Honorable Court to dismiss the Complaint filed against him; AND IN THE ALTERNATIVE, avers that if Plaintiffs are entitled to recover upon their Complaint, then Defendant, Eat'N Park, is solely liable to Plaintiffs; and further avers that if it should be found that Additional Defendant Liberator is in any way liable to Plaintiffs, then Eat'n Park, is jointly and/or severally liable with answering Additional Defendant or liable over to answering Additional Defendant. BUZGON DAVIS LAW OFFICES BY: Scott L. Grenoble, Esquire Attorney I.D. #72808 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: sgrenoble@buzgondavis.com Attorneys for Additional Defendant, Shawn Liberator d/b/a Liberator Snow Removal -5- VERIFICATION I, SCOTT L. GRENOBLE, do hereby verify that I am the attorney for Shawn Liberator d/b/a Liberator Snow Removal, in the within action. The facts set forth in the foregoing Answer, New Matter and New Matter Pursuant to PA.R.C.P. 2252(d) of Additional Defendant are true and correct to the best of my knowledge, information and belief, as conveyed to me by my client. My knowledge in this matter is based entirely on what has been passed to me by my client. I hereby further verify that I am signing this Verification on behalf of my client, pursuant to Rule 1024(c) of the Pennsylvania Rules of Civil Procedure, because my client is unavailable to timely file this Verification within the time allowed for filing a pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: August 14, 2006 SCOTT I NOBLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs VS. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, Additional Defendant CIVIL ACTION - LAW NO. 05-6380 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Shawn Liberator d/b/a Liberator Snow Removal, being duly sworn according to law, depose and say that on August 16, 2006, I mailed for filing to the Office of the Prothonotary of Cumberland County, the original ANSWER, NEW MATTER and NEW MATTER PURSUANT TO 2252(d) OF ADDITIONAL DEFENDANT and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Edward J. McKarski, Esquire, 107 North Commerce Way, Bethlehem, Pennsylvania 18017, Attorney for Plaintiffs and Christopher Reeser, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Defendant. Sworn to and subscribed ,stn A_ c. : 4 ern -? -G (JI ? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs VS. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, Additional Defendant CIVIL ACTION - LAW NO. 05-6380 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Shawn Liberator d/b/a Liberator Snow Removal, being duly swom according to law, depose and say that on August 16, 2006, 1 mailed the original and one copy of INTERROGATORIES - SET ONE and REQUEST FOR PRODUCTION OF DOCUMENTS OF ADDITIONAL DEFENDANT DIRECTED TO DEFENDANT by First Class mail, in a postpaid envelope to Christopher Reeser, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Defendant and I mailed a true and correct copy to Edward J. McKarski, Esquire, 107 North Commerce Way, Bethlehem, Pennsylvania 18017, Attorney for Plaintiffs. Sworn to and subscribed before me this 21st day of August, A.D., 2006. WORCESTER Notarial seal ly L. Ekger. Notauy Pub5C qty Of Lebano=, on County My Catrunission Mar. 10, 2007 C °c ? ?• ? -c c rn ?? c:,, ro ; j ?, ' `; 4'j I' it r Marshall, Dennehey, Warner, Coleman & Goggin By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Our File No. 03030-02824 Attorney for Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-6380 CIVIL ACTION - LAW DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, JURY TRIAL DEMANDED Additional Defendant. DEFENDANT'S ANSWER TO NEW MATTER OF ADDITIONAL DEFENDANT 17. No responsive pleading required. 18. Admitted. By way of further answer, Defendant's contribution claim against Additional Defendant is not barred by the applicable statute of limitations. 19. Admitted. By way of further answer, Defendant also owed no duty to protect Plaintiffs from open and obvious conditions. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. 25. Admitted. WHEREFORE, Defendant Eafn Park Hospitality Group, Inc. requests judgment be entered in its favor. NEW MATTER PURSUANT TO PA.R.C.P. 2252(D) 26. No responsive pleading required. 27. The averment of Paragraph 27 is a legal conclusion to which no responsive pleading is required. 28. The averment of Paragraph 28 is a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant Eat'n Park Hospitality Group, Inc. requests judgment be entered in its favor. MARSHALL DENNEHEY W LEMAN & GOGGIN By: ns opber M. Reeser, Esquire Attorney for Defendant I.D. 73632 4200 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 N ? ??J"` . . { "'Ci 1"i' ri' ? ? - { ?i'I?1 . i ) G ?G ?C7 ? '} 1 ?.< ? . ? fi=r; ? fi?";; ! ?.. ; ? T J C7 . - t... rw `?? Y fi ? r. .,"p -w. _ LN ?G Marshall, Dennehey, Warner, Coleman & Goggin By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Our File No. 03030-02824 Attorney for Defendant DANIEL F. HITE AND CHERYL M HITE Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . NO. 05-6380 CIVIL ACTION - LAW SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, JURY TRIAL DEMANDED Additional Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Defendant's Answer To New Matter of Additional Defendant has been served upon the following known counsel of record on August 25, 2006, by First Class Mail, Postage Pre-Paid: at the following address(es) and/or number(s): Edward J. McKarski, Esquire Scott Grenoble, Esquire 107 North Commerce Way BUZGON DAVIS Bethlehem, PA 18017-8988 525 South Eighth Street Attorney for Plaintiff PO Box 49 Lebanon, PA 17042-0049 Attorney for Defendant Shawn Liberator By: Christopher M. Reeser, Esquire Attorney for Defendant N c? Q - n c v's'tr7 C? c gt VAI , C ; t W G ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY NO. 056380 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEOFFREY S MCINROY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/24/06 File #: M333603 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3510 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY I No. 056380 TO: EDWARD MCKARSKI, ESQ (PLAINTIFF) SCOTT GRENOBLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(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 no objection is made the subpoena may be served. Date: 08/03/06 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc(s): Copy of subpoena(s) Counsel return card File #: M333603 COM XrAEALTH OF PENNSYLVANIA COUNTY OF CDMI3ERIAND DANIEL & CHERYL HITE Vs. File No. 056380 EAT'N PARK HOSPITALITY SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR WILLIAM KULIK JR, 2101 MACK BLVD, ALLENTOWN PA 18103 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doainents oSWgsr at _ ??gg MEDICAL LEGAL REPRODUCTIONS,(Aff4Ssgg )940 DISST ., F7?- You may deliver or mail legible copies of the docunents or produce things requested h? this subpoena, together with the certificate of ccnpliance, to the party making thi< 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 docunents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde;- ampelling you to conply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: 4200 rgTTMq MILL RD FUUMISBURG, PA 17112 TELEPHONE: _ SUPREME OOURT ID 41 215-335-3212 ATTORNEY FOR DEFENDANT M333603-01 DATE: OtL4 7 Seal f the Court BY THE COURT: Prothonotary/ erk, Civil. Division -?Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL'& CHERYL MITE Vs. EAT'N PARK HOSPITALITY No. 056380 CUSTODIAN OF RECORDS FOR: DR WILLIAM KULIK JR ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: X7770 A/K/A FRANCIS HITE CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ) RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ) NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR WILLIAM KULIK JR CUMBERLAND M333603-01 * * * SIGN AND RETURN THIS PAGE * * * . ` tJ7 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY S DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY NO. 056380 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEOFFREY S MCINROY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 08/24/06 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3510 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 File #: M333604 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY I No. 056380 TO: EDWARD MCKARSKI, ESQ (PLAINTIFF) SCOTT GRENOBLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(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 no objection is made the subpoena may be served. Date: 08/03/06 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc (s) : Copy of subpoena(s) Counsel return card File #: M333604 COM DNWEALTH OF PENNSYLVANIA COUNTY OF C01BERI.AND DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY File No 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR DANIEL SCHADT, 35 E ELIZABETH AVE, BETHLEHEM PA 18015 (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 AT - at MEDICAL LEGAL REPRODUCTIONS ?AWe'ssj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea?,onablc 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 thi:, subpoena may seek a court orde:- cxm pe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS : _ 42-0-0 QRTI S MILL RD TELFPHONE : 17112 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: M333604-01 DEFENDANT DATE: Sea of the Court BY THE COURT: Prothonotary/C1 k, Civil Division - ?4 -W1 Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY No. 056380 CUSTODIAN OF RECORDS FOR: DR DANIEL SCHADT ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: 7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for DR DANIEL SCHADT CUMBERLAND M333604-01 * * * SIGN AND RETURN THIS PAGE * * * COMMJNNWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY File No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LEHIGH VAL SLEEP DISORDER, 17TH & CHEW STS, ALLENTOWN PA 18105 TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docxxnents or things: SEE ATTACHED DENDUM at MEDICAL LEGAL REPRODUCTIONS (AW sl940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h; this subpoena, together with the certificate of ccmpliance, to the party making thi= request at the address listed above. You have the right to seek in advance the rea.sonablE 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 cxm pe l l i ng you to camp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCINING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS : ` 4209 rnrrnac MILL RD HARRISBURG, PA 17112 TELEPHONE : SUPREME COURT ID # ATTORNEY FOR: M333604-02 215-335-3212 DEFENDANT DATE : ?7- cXV Sea of the Court BY THE COURT: Prothonotary/Cl , Civil Division I!_ Deputy (Eff. 7/97) . ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY No. 056380 CUSTODIAN OF RECORDS FOR: LEHIGH VAL SLEEP DISORDER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN:CIMM7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M333604-02 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Authorized signature for LEHIGH VAL SLEEP DISORDER * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA • COUN'T'Y OF CUMBERLAND DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY File No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MUHLENBERG SLEEP DISORDER, 2545 SCHOENERSVILLE RD, BETHLEHEM PA 18017 (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 thing SEE AT at MEDICAL LEGAL REPRODUCTIONS (AJ(f%!§s1940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requester! t?y this subpoena, together with the certificate of ccmpliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea onablc- 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 thi, subpoena may seek a court orde;- cxxrpe l l i ng you to comp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: - 4-200 CRUMS MILL RD TELEPHONE: HARRISBURG, A 17112 SUPREME COURT ID ATTORNEY FOR: M333604-03 215-335-3212 DEFENDANT DATE : 7. ?7G(a Se of the Court BY THE COURT : Prothonotary/C1 , Civil Division X puty (Eff. 7/97) . ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY No. 056380 CUSTODIAN OF RECORDS FOR: MUHLENBERG SLEEP DISORDER ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: 7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for MUHLENBERG SLEEP DISORDER CUMBERLAND M333604-03 * * * SIGN AND RETURN THIS PAGE COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY File No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 EASTON HOSP, 250 S 21ST ST, EASXTON PA 18042 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents ADDENDUM -- at MEDICAL LEGAL REPRODUCTIONS (AMglasj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carpliance, to the party making thiv request at the address listed above. You have the right to seek in advance the reaonablr 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 thi, subpoena may seek a court orde-- axnpe l ling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS. _ -8200 CRUMB MTT L RD - HARRISBURG, PA TELEPHONE : 17112 SUPREME COURT ID ATTORNEY FOR: M333604-04 215-335-3212 DEFENDANT DATE : 7 oZj?? S641 of the Court BY THE COURT: Prothonotary/C1 , Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY CUSTODIAN OF RECORDS FOR: EASTON HOSP No. 056380 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: qMMW7770 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS Date CUMBERLAND M333604-04 ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Authorized signature for EASTON HOSP * * * SIGN AND RETURN THIS PAGE * * * CObf DNWFALTH OF PENNSYLVANIA COUNTY OF DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY File No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ST LUKES HOSP, 801 OSTRUM ST, BETHLEHEM PA 18015 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE AT at MEDICAL LEGAL REPRODUCTIONS ,(AMT sj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested ti? this subpoena, together wit!) the certificate of cCmpliance, to the party making thi= request at the address listed above. You have the right to seek in advance the rea•,onable 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 thi, subpoena may seek a court orde;- cxxnpe l i i ng you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: _ ^ ? o o Qnrorn4S- 4-11 L RD TELEPHONE : 17112 SUPREME COURT I D# 215-335-3212 ATTORNEY FOR: DEFENDANT M333604-05 DATE : Seal f the Court BY THE COURT: 'le Prothonotary/C1 , Civil Division 0 T eputy (Eff. 7/97) ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY CUSTODIAN OF RECORDS FOR: ST LUKES HOSP No. 056380 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 02/01/48 SSAN: 7770 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for ST LUKES HOSP CUMBERLAND M333604-05 * * * SIGN AND RETURN THIS PAGE COMWNWEALTH OF PENNSYLVANIA • COUNTY OF CUMBERLAND DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY TO: File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 056380 VALLEY PAIN SPECIALISTS, 260 E BROAD ST, BETHLEHEM PA 18018 (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 TTACHM Al D UM at MEDICAL LEGAL REPRODUCTIONS fAJ ebsf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of ccmpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea•,onablc- 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 thin, subpoena may seek a court order" compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: - 4200 rRLIMS MTT L RD ?A 17112 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M333604-06 DEFENDANT DATE: .2Se of the Court BY THE COURT: Prothonotary/C1 k, Civil Division uty (Eff. ?/97) .. • ADDENDUM TO SUBPOENA DANIEL & CHERYL HITE Vs. EAT'N PARK HOSPITALITY No. 056380 CUSTODIAN OF RECORDS FOR: VALLEY PAIN SPECIALISTS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: X7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for VALLEY PAIN SPECIALISTS CUMBERLAND M333604-06 * * * SIGN AND RETURN THIS PAGE rJAO:-* SHERIFF'S RETURN - REGULAR CASE NO: 2005-06380 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HITE DANIEL F ET AL VS EAT'N PARK HOSPITALITY GROUP DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFEN. was served upon LIBERATOR SHAWN D/B/A LIBERATOR SONW REMOVAL ADD'L DEFENDANT, at 0950:00 HOURS, on the 8th day of June at 1995 SPRING ROAD CARLISLE, PA 17013 CRAIG STUBERT, MECHANIC by handing to ADULT IN CHARGE a true and attested copy of WRIT TO ADD'L DEFEN the 2006 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ?./ Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79 ?/ 06/12/2006 413,010(, MARSHALL DENNEHE WARNER COLEM Sworn and Subscibed to By: before me this day De ty ri f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w NO. 05-6380 Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC,. Defendant, V. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant. CIVIL ACTION-LAW REPLY TO NEW MATTER 17. Plaintiffs incorporate paragraphs 1-16 of the Complaint as if fully set forth herein at length. 18-25. Denied. The allegations set forth in paragraphs 18-25 constitute conclusions of law which, as such, require no response. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of Fifty Thousand ($50,000.00) Dollars plus costs, interest and such other relief as the Court deems just and proper. Dated: /6 Edward J. McKarski, Esquire Attorney I.D. No. 36824 107 North Commerce Way Bethlehem, PA 18017 Telephone: (610) 866-0198 Facsimile: (610) 866-9490 Attorney for Plaintiffs VERIFICATION I, EDWARD J. McKARSKI, verify that I am counsel for Plaintiffs; that I am authorized to take this verification on their behalf; and that the facts contained in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. EDWA J. McKARSKI DATED: /0 - / 2 - 0 na C ca r , c7 -a -,? Fri ? r 7 Fri N LO tp "+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w Plaintiffs, V. EAT'N PARK HOSPITALITY GROUP, INC. Defendant V. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant. NO. 05-6380 CIVIL ACTION-LAW CERTIFICATE OF SERVICE r ? o kT1- fl n -n ril , ?.. -4 , Fn ? ". -:_ Z Cf7 ; g -ld 'C- c J_ ? I, Edward J. McKarski, Esquire, attorney for Plaintiffs, Daniel F. Hite and Cheryl M. Hite, hereby certify that I have on this date served a copy of the foregoing Reply to New Matter, upon the following persons/entities by mailing a copy of the same by regular U.S. First Class Mail, postage prepaid, addressed as follows: Scott L. Grenoble, Esquire Buzgon Davis Law Offices 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 Christopher M. Resser, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Date: M -13 - n G Edward J. McKarski 107 North Commerce Way Bethlehem, PA 18017 Phone (610) 866-0198 Fax (610) 866-9490 Atty ID# 36824 0 c c cx• -n m o Z '- ua -? ) CO ? .- 5r RV IN-THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HITE Vs. - NO. 056380 EAT'N PARK HOSPITALITY GRP CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 GEOFFREY S MCINROY, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/19/06 4-10-A? File #: M335170 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3510 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HITE Vs. EAT'N PARK HOSPITALITY GRP I No. 056380 TO: EDWARD MCKARSKI, ESQ (PLAINTIFF) SCOTT GRENOBLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(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 no objection is made the subpoena may be served. Date: 09/28/06 GEOFFREY S MCINROY, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc(s): Copy of subpoena(s) Counsel return card File #: M335170 HITE Vs. rrwmr vwEALTR of PENNSYLVANIA COUNTY OF CUMBERLAND EAT'N PARK HOSPITALITY GRP Fi le No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THING3S FOR DISCOVERY PURSUANT TO RULE 4009.22 ST LUKES HOSP, 801 OSTRUM ST, BETHLEHEM PA 18015 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents SEEngsATTACHED : A DENDUM at MEDICAL LEGAL REPRODUCTIONS<AJaFreSsj940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thi_ request at . the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court orde;- cxxrpe l ling you to carp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: -- 4-300 QRX-44-2 M-1-IL RD TELEPHONE : 17112 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-01 DATE: 4H. 3,,=;2M6 Seal of the Court BY THE COURT. Pro honotary/C ivil Division Deputy (Eff. 7/97) HITE Vs. ADDENDUM TO SUBPOENA EAT'N PARK HOSPITALITY GRP CUSTODIAN OF RECORDS FOR: ST LUKES HOSP No. 056380 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 A/K/A FRANCIS D HITE ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature for ST LUKES HOSP CUMBERLAND M335170-01 * * * SIGN AND RETURN THIS PAGE * * * CObt4ONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HITE Vs. File No. 056380 EAT'N PARK HOSPITALITY GRP ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ST LUKES HOSP-X, 801 OSTRUM ST, BETHLEHEM PA 18015 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the f o 11 ow i ng documents ors tai n9x: _a EE MCFEM-ADDENDUM at MEDICAL LEGAL REPRODUCTIONS (A tst940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested t? this subpoena, together with the certificate of compliance, to the party making thi_ 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 thin, subpoena may seek a court order ocnpe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS : - 4200 CRUMS L RD TELEPHONE: MJ71 PA 17112 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-02 DATE : 3, o2a?t, Seal of the Court BY THE OOURT: Prot , tart' k, fivil Division Deputy (Eff. 7/97) HITE Vs. ADDENDUM TO SUBPOENA EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR: ST LUKES HOSP-X ANY AND ALL X-RAYS/FILMS. A/K/A FRANCIS D HITE PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or ST LUKES HOSP-X CUMBERLAND M335170-02 * * * SIGN AND RETURN THIS PAGE * * * COM DNWFALTH OF PENNSYLVANIA OOUNrY OF CIA113EFIAM HITE Vs. EAT'N PARK HOSPITALITY GRP Fi le. No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 EASTON HOSP, 250 S 21ST ST, EASTON PA 18042 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED -- at MEDICAL LEGAL REPRODUCTIONS(A SsJ940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccrpliance, to the party making thic- request at the address listed above. You have the right to seek in advance the rea-:onablc 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 orde:- c mpe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS : _ 420Q GRUMS. MTT.L RD TELEPHONE : hARK18BURG, PA 17112 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-03 DATE: 00(. 3_ -; 6 Seal of the Court BY THE 0017 Pro honotary C , Civil Division Deputy (Eff. 7/97) HITE Vs. ADDENDUM TO SUBPOENA EAT'N PARK HOSPITALITY GRP CUSTODIAN OF RECORDS FOR : EASTON HOSP No. 056380 Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 A/K/A FRANCIS D HITE ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. E ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or EASTON HOSP CUMBERLAND M335170-03 * * * SIGN AND RETURN THIS PAGE * * * COMMONWEALTH OF PENNSYLVANIA HITE Vs. COUNTY OF CUI!93ERLAND EAT'N PARK HOSPITALITY GRP Fi le No. 056380 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 EASTON HOSP-X, 250 S 21ST ST, EASTON PA 18042 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED Al DENDUM -- at MEDICAL LEGAL REPRODUCTIONS(AJNreSsf940 DISSTON ST., PHILA., PA You may .deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of canpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea.onablE 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 am pe l ling you to omp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ?+?. GEOFFREY S MCINROY, ESQ ADDRESS :_ 4200 GRUMS MTT L RD TELEPHONE: HARRISBURU, 17112 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-04 DATE : &-, -3< o2eV6 Seal of the Court BY THE COURT: Prot tary/C ivil Division Deputy (Eff. 7/97) HITE Vs. ADDENDUM TO SUBPOENA EAT'N PARK HOSPITALITY GRP CUSTODIAN OF RECORDS FOR: EASTON HOSP-X ANY AND ALL X-RAYS/FILMS. A/K/A FRANCIS D HITE PERTAINING TO: No. 056380 NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for EASTON HOSP-X CUMBERLAND M335170-04 * * * SIGN AND RETURN THIS PAGE * * * CM44 IMEALTH OF PENt SYLVANIA COUIJI.'Y OF CXJMBIIUTAND HITE Vs. File No. EAT'N PARK HOSPITALITY GRP 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LEHIGH VALLEY HOSP, CEDAR CREST & 178 PO BOX 689, ALLENTOWN PA 18105 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docxrnents oo S thingi: EE WACTIED Al DENDUM at MEDICAL LEGAL REPRODUCTIONS (ANtst 940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of compliance, to the party making thiT request at the address listed above. You have the right to seek in advance the rea onablc- 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 thin subpoena may seek a court orde:- compelling you to ccnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: 4-200 CRUMS L RD 17112 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M335170-05 Prot tar k, •vil Division DATE : 66;Ll-s Seal of the Court _ Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR : LEHIGH VALLEY HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 A/K/A FRANCIS D HITE ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or LEHIGH VALLEY HOSP CUMBERLAND M335170-05 * * * SIGN AND RETURN THIS PAGE * * * ryww NWFALTH OF PENNSYLVANIA ODUN rY OF HITE . Vs. EAT'N PARK HOSPITALITY GRP Fi le No. 056380 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCLPIENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 LEHIGH VALLEY HOSP-X, CEDAR CREST & 178 PO BOX 689, ALLENTOWN PA 18105 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orSng?T at _ ??N? MEDICAL LEGAL REPRODUCTION' TAddr•e§sf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccrrpIiance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea,onable 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 thi, subpoena may seek a court ordei, cxxme 11 i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: - 4200 CRUMB MTT,L RD HARRISBURG, A 17112 TELEPHONE: SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-06 DATE : 60q, 2. -2096 Seal of the Court BY THE COURT: I , i ?Al 4- P Prot tar erk Civil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR : LEHIGH VALLEY HOSP-X ANY AND ALL X-RAYS/FILMS. A/K/A FRANCIS D HITE PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that; to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or LEHIGH VALLEY HOSP-X CUMBERLAND M335170-06 * * * SIGN AND RETURN THIS PAGE * * * C *2CNWFALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND HITE Vs. File No. EAT'N PARK HOSPITALITY GRP 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MUHLENBERG HOSP, 2545 SCHOENERSVILLE RD, BETHLEHEM PA 18017-7384 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing DENDUM at MEDICAL LEGAL REPRODUCTIONSTAMRIss1940 DISSTON ST., PHILA., PA _ You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of ccmpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onabie 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 thin subpoena may seek a court orde;• cxxtpe l l i ng you to coup 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: - n a0O CRUMS MIT L RD TELEPHONE: 17112 SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: M335170-07 DEFENDANT DATE : ?C - L? oZQ? Seal of the Court BY THE COURT: (, ? -4 Prot tary/ it Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR: MUHLENBERG HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 A/K/A FRANCIS D HITE ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. l NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorize signature or MUHLENBERG HOSP CUMBERLAND M335170-07 * * * SIGN AND RETURN THIS PAGE * * * COMMIDNWFALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HITE Vs. EAT'N PARK HOSPITALITY GRP Fi le No. 056380 ORIGINAL X-RAYS REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MUHLENBERG HOSP-X, 2545 SCHOENERSVILLE RD, BETHLEHEM PA 18017-7384 TO: ATTN: RADIOLOGY DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED -- at MEDICAL LEGAL REPRODUCTIONS(A@RSsf940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested h? this subpoena, together with the certificate of carpliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the rea,onable 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 thin, subpoena may seek a court orde;- ampe I l ing you to ccnply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: 4200 GRUNTS MTT L RD TELEPHONE : RU-,-FA 17112 SUPREME OOURT ID # 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-08 DATE: ?UC- -3. -2W (o Seal of the Court BY THE COURT: Prot notar 1 k, ivil Division ,X4(d1e ? Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR: MUHLENBERG HOSP-X ANY AND ALL X-RAYS/FILMS. A/K/A FRANCIS D HITE PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ORIGINAL X-RAYS REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE ATTACHED HERETO. I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or MUHLENBERG HOSP-X CUMBERLAND M335170-08 * * * SIGN AND RETURN THIS PAGE COIMDNWEALTH OF PENNSYLVANIA COUNTY OF CLIME EPJ AND HITE Vs. Fi le No. 056380 EAT'N PARK HOSPITALITY GRP ORIGINAL 8-RAYS REQUESTED TO: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 COORDINATED HEALTH SYS, 400 S GREENWOOD AVE, EASTON PA 18042 (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 Al DENDUM -- at MEDICAL LEGAL REPRODUCTIONS(AJ st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of carp l i ance, to the party making th i request at the address listed above. You have the right to seek in advance the rea.onable 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 thi, subpoena may seek a court orde;• ccxnpe l l i ng you to canes l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: - 4120-0- C-RUNI-S MILL RD TELEPHONE : 17112 SUPREME COURT ID 215-335-3212 ATTORNEY FOR: M335170-09 DEFENDANT DATE : 66i -. J. aZQ f? Seal of the Court BY THE COURT: Prot tiv y , vi l Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR: COORDINATED HEALTH SYS EMG FILMS OF UPPER RIGHT EXREMITY. PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ORIGINAL X-RAYS REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or COORDINATED HEALTH SYS CUMBERLAND M335170-09 * * * SIGN AND RETURN THIS PAGE * * * C Ff4ONWEALTH OF PENNSYLVANIA OOUN rY OF CUMBERLAND HITE vs. EAT'N PARK HOSPITALITY GRP Fi le No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ALLEN ORAL SURGERY ASSOCS, 1251 S CEDAR CREST BLVD, ALLENTOWN PA 18103 TO: (Nam-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 -- at MEDICAL LEGAL REPRODUCTIONS (A st940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of ccmpliance, to the party making thi-v 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 thin subpoena may seek a court ordei- compe l l i ng you to camp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEOFFREY S MCINROY, ESQ ADDRESS: _ 4-20-0- l-DTTMC MILL RD TELEPHONE : 17112 SUPREME COURT ID 215-335-3212 ATTORNEY FOR: DEFENDANT M335170-10 DATE : DG( - -3, .2094o Seal of the Court BY THE COURT: Prothonotary/ VV_i_1_Di;is1on Deputy (Eff. 7/97) f ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR : ALLEN ORAL SURGERY ASSOCS ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: YXXXX7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed ate Authorize signature or ALLEN ORAL SURGERY ASSOCS CUMBERLAND M335170-10 * * * SIGN AND RETURN THIS PAGE * * * a 1 „ ri S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs vs. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, Additional Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Shawn Liberator d/b/a Liberator Snow Removal, being duly sworn according to law, depose and say that on January 4, 2007, I mailed the original ANSWERS OF ADDITIONAL DEFENDANT, SHAWN LIBERATOR, d/b/a LIBERATOR SNOW REMOVAL TO DEFENDANT'S EXPERT INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS to Christopher Reeser, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Defendant and I mailed a true and correct copy to Edward J. McKarski, Esquire, 107 North Commerce Way, Bethlehem, Pennsylvania 18017, Attorney for Plaintiffs. Sworn to and subscribed before me this 4th day of January, A.D., 2007. Notary P lic -_.___ r<e,iy L E Ciij01 t_t ;-Jr N1yCGr, .- t?i CIVIL ACTION - LAW NO. 05-6380 J WORCESTER ? U -n ? nil, 3:)w MM r ? C7 '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL F. HITE and CHERYL M. HITE, h/w, Plaintiffs VS. EAT N' PARK HOSPITALITY GROUP, INC., Defendant VS. SHAWN LIBERATOR d/b/a/ LIBERATOR SNOW REMOVAL, Additional Defendant CIVIL ACTION - LAW NO. 05-6380 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Shawn Liberator d/b/a Liberator Snow Removal, being duly sworn according to law, depose and say that on January 4, 2007, I mailed the original ANSWERS OF ADDITIONAL DEFENDANT, SHAWN LIBERATOR, d/b/a LIBERATOR SNOW REMOVAL TO PLAINTIFFS' NTERROGATORIES to Edward J. McKarski, Esquire, 107 North Commerce Way, Bethlehem, Pennsylvania 18017, Attorney for Plaintiffs and that I mailed a true and correct copy to Christopher Reeser, Esquire, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania 17112, Attorney for Defendant. Sworn to and subscribed before me this 4t' day of January, A.D., 2007. otary ublic 1 Kelly L Eiinyrr `'otary Pubic City Of Leoar:. , anrr CCuoty My Coramis,-:;on + z, uQ7 E? o C) s z r C17 ', j ., ? 0m G '? Cn C.i7 -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HITE Vs. NO. 056380 EAT'N PARK HOSPITALITY GRP , CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 CHRISTOPHER M REESER, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 05/15/07 File #: M340685 CHRISTOPHER M REESER, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 717-651-3500 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Longmore IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 TO: EDWARD MCKARSKI, ESQ (PLAINTIFF) SCOTT GRENOBLE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(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 no objection is made the subpoena may be served. Date: 04/24/07 CHRISTOPHER M REESER, ESQUIRE 4200 CRUMS MILL RD SUITE B HARRISBURG, PA 17112 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Longmore Enc (s) : Copy of subpoena(s) Counsel return card File #: M340685 OF PENNSYLVANIA axiNI'Y OF HITE Vs. File No. EAT'N PARK HOSPITALITY GRP . 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: (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 o? nosA*- TACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS,(AWC4ss?940 DISSTON ST., PHILA., $?- You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of cmrnpliance, to the party making this request at the address listed above. You have the right to seek in advance the rea.onablc- 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 thin subpoena may seek a court order oompelling you to ccrtply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER M REESER, ESQ ADDRESS : _ a 2 0 n rRT7M-S MILL RD , 17112 TELEPHONE: SUPREME COURT ID # 215-335-3212 ATTORNEY FOR: 73632 DEFENDANT M340685-01 DATE : aw-2 S al of the Court BY THE COURT: 600a &Uw?dm>-l PProthonotayW k Civil Division Deputy DR ANTHONY ABDALLA, 1275 S CEDAR CREST BLVD, ALLENTOWN PA 18103 (Ef f . 1/97) ADDENDUM TO SUBPOENA HITE Vs. No. 056380 EAT'N PARK HOSPITALITY GRP CUSTODIAN OF RECORDS FOR : DR ANTHONY ABDALLA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ l RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or DR ANTHONY ABDALLA CUMBERLAND M340685-01 * * * SIGN AND RETURN THIS PAGE CQ*DNFIEAI,TH OF PENNSYLVANIA C xwrY OF CLBUOUAND HITE Vs. Fi le No. 056380 EAT'N PARK HOSPITALITY GRP SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MONROE CO COMMISSIONER, 1 QUAKER PLZ STE 201, STROUDSBURG PA 18360 TO: ATTN: PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o§& n 4 L i ACHED ADDENDUM f at - MEDICAL LEGAL REPRODUCTIONS,( Cgss4)940 DISSTON ST., PHILA., FA You may deliver or mail legible copies of the documents or produce things requested h? 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 thin subpoena may seek a court ordei- cortpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER M REESER, ESQ ADDRESS: 42nn CRTIMS MILL RD 17112 TELEPHONE: SUPREW COURT ID #F 215 - 3 3 5- 3 212 ATTORNEY FOR : 7 3 6 3 2 M340685-02 DEFENDANT DATE : a7. a.E?7 ea 1 of the Court BY THE COURT. Prot tar irk, Civil Division Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR : MONROE CO COMMISSIONER ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS REVIEWS, ATTENDANCE SHEETS, `ANY AND ALL MEDICAL RECORDS AND REPORTS AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 ANY AND ALL EMPLOYMENT RECORDS INCLUDING ANY AND ALL DOCUMENTS PERTAINING TO DANIEL HITE'S RESIGNATION. CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or MONROE CO COMMISSIONER CUMBERLAND M340685-02 * * * SIGN AND RETURN THIS PAGE rrasav METH OF PENNSYLVANIA OOUAA'Y OF HITE Vs. EAT'N PARK HOSPITALITY GRP File No. 056380 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PA STATE CIVIL SVC COMM, 2ND FL STRAWBERY SQ COMPLEX, PO BOX 569 TO: HARRISBURG PA 17108-0569 (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 og ing?,;r at MEDICAL LEGAL REPRODIICTIONS,(?T?bss4?40 DISSTON ST., PHILA., PA - You may deliver or mail legible copies of the documents or produce things requested t?? this subpoena, together with the certificate of compliance, to the party making thi-c request at the address listed above. You have the right to seek in advance the rea.onable 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 thin subpoena may seek a court ordei- carpe l l ing you to cartp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: CHRISTOPHER M REESER, ESQ ADDRESS : d 7 n n r RUMS MILL RD TSBURG, PIA 17112 TELEPHONE: SUPREME COURT ID # 215 - 3 3 5- 3 212 ATTORNEY FOR: 73 632 DEFENDANT M340685-03 DATE : a 7_ ozOo 7 S al of the Court BY THE OOURT: & Yr. k- Prot vil Division Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA HITE Vs. EAT'N PARK HOSPITALITY GRP No. 056380 CUSTODIAN OF RECORDS FOR: PA STATE CIVIL SVC COMM ANY AND ALL APPLICATIONS FOR EMPLOYMENT, TESTING RECORDS INCLUDING RESULTS, CORRESPONDENCE OR DOCUMENTS SENT TO DANIEL HITE, ANY AND ALL DOCUMENTS SUBMITTED BY DANIEL HITE AND ANY AND ALL DOCUMENTS CONCERNING PLAINTIFF, DANIEL HITE. PERTAINING TO: NAME: DANIEL HITE ADDRESS: 2305 TREELINE DR EASTON PA DATE OF BIRTH: 08/01/48 SSAN: XXXXX7770 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE. I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or PA STATE CIVIL SVC COMM CUMBERLAND M340685-03 * * * SIGN AND RETURN THIS PAGE t"? ? ? ,?? --n _ ? -n ,_„? ra `' ,; :: ^' ,? ???? -, ; rn ?,, .? , <.,? Gam .? uu: ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL F. HITE and CHERYL M. HITE, h/w, : Plaintiffs, . VS. : File No. 05-6380 EAT N' PARK HOSPITALITY GROUP, INC., : Defendant, : VS. SHAWN LIBERATOR d/b/a LIBERATOR SNOW REMOVAL, Additional Defendant. : JURY TRIAL DEMANDED PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: X The within suit is Settled, Discontinued, and Ended and costs paid. The within suit is Settled, Discontinued, and Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, and Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: Date: /0 g, Signature of authorizing party WITNESS (if signer is other than a registered attorney) Attorney or Notary Edward J. McKarski Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS; AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SEC. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. SlWature C? r-o C= ? m y Fri r-n aCr= .. a1 '.1;..C-I .... jbi