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Home My WebLink About06-3710ORIGINAL ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA V. KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, 3304 Market Street Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW No. - 3Y Ciut',C-7 '„l 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 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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 328316 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar action denuro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de on abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objections a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo per cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado per el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALMICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA Telephone number- 717- 249-3166 328316 ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KEYSTONE LODGING ENTERPRISES, DB/A SLEEP INN, 3304 Market Street Camp Hill, PA 17011 Defendant CIVIL ACTION - LAW NO. oL - 971d Clv??? JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Lizbania Hypes, formerly known as Lizbania Berafan until she married on August 17, 2004, is an adult individual and citizen of North Carolina, who currently resides in Charlotte, Mecklenburg County, North Carolina. 2. Defendant, Keystone Lodging Enterprises, owns and operates Sleep Inn Hotel, a facility which provides overnight accommodations located at 5 East Garland Drive, Carlisle, PA 17013, and which at all times relevant was responsible for the service, maintenance, and repair of its facility 3. On August 1, 2004, Plaintiff Lizbania Hypes, was a patron of the aforesaid establishment. 328316 4. As a business invitee, Plaintiff was owed the highest duty of care by the Defendant, Plaintiff believes, and therefore avers, that Defendant breached this duty, was negligent, and is therefore responsible for all injuries and damages suffered by Plaintiff as alleged herein. 5. On August 1, 2004, Plaintiff was getting into the shower when she slipped and fell on an oil-type substance on the shower floor. 6. There were no anti-skid strips in the shower or rails to grab onto the said shower. T As a direct and proximate results of the aforementioned fall, Plaintiff, Lizbania Hypes, sustained painful and severe injuries, which include but are not limited to her head, neck, back, spine, jaw, left shoulder and left arm. 8. As a result of the injuries sustained, Plaintiff Lizbania Hypes, was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 9. Because of the nature of her injuries, Plaintiff Lizbania Hypes, has been advised and, therefore, avers that she may be forced to incur similar expense in the future, and claim is made therefor. 10. As a result of the aforementioned accident and resulting injuries, Plaintiff, Lizbania Hypes, has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying our her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 11. As a result of the aforementioned accident and resulting injuries, Plaintiff, Lizbania Hypes, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 328316 12. Plaintiff, Lizbania Hypes, continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. As a result of the aforementioned injuries, Plaintiff, Lizbania Hypes, has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 14. As a result of the aforesaid injuries, Plaintiff, Lizbania Hypes, has sustained uncompensated work loss, and claim is made therefor. COUNTI LIZBANIA HYPES V. KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN 15. Paragraphs 1 through 14 are incorporated herein as if set forth at length. 16. The aforementioned accident and resulting injuries sustained by Plaintiff; Lizhania Hypes, are the direct and proximate result of the careless, reckless and negligent conduct of Defendant, Keystone Lodging Enterprises, d/b/a Sleep Inn, as follows: a. Failure to exercise the highest degree of care that a business owner owes to business invitees utilizing the premises for its intended purposes, as alleged herein; b. Failure to properly maintain and operate the premises by allowing an unsafe hazard to exist in the form of an oily substance on the shower floor; C. Failure to inspect the premises to determine whether there were any conditions present which posed a hazard to business invitees; and d. Failure to provide adequate and necessary safety precautions in the shower, such as skid strips, rails, etc. WHEREFORE, Plaintiff, Lizbania Hypes, demands judgment against Defendant, Keystone Lodging Enterprises, d/b/a Sleep Inn, in an amount in excess of Thirty-Five Thousand (535,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 328316 Respectfully submitted, Date: ANGINO & ROVNER, P.C. Z&11 Lisa M.B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-679] Counsel for Plaintiff(s) 328316 VERIFICATION I, Lizbania Hypes, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. ML -Zga? V, - %LW%4MA JJ Witness Liz ania H Dated: (0 _ aq , O Date: 6 - Iy ?' 328316 n ?: C-01 I ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, ? N THE COURT OF COMMON PLEAS Plaintiff (CUMBERLAND COUNTY, PENNSYLVANIA V. IVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, 0. 06-3710 - Civil Teri 3304 Market Street URy TRIAL DEMANDED Camp Hill, PA 17011 Defendant TO: Keystone Lodging Enterprises d/b/a Sleep Inn 3304 Market Street Camp Hill, PA 17011 DATE OF NOTICE: July 25, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, NAMELY, YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING A RESPONSE SETTING OUT YOUR DEFENSE AND OBJECTIONS TO THE COMPLAINT FILED ON June 28, 2006, AND SERVED ON JUNE 29, 2006, AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 331918 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 717/249-3168 ANGINO & ROVNER, P.C. -02 Lisa V. B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 171 10 (717) 238-6791 Counsel for Plaintiff Date: ??/aOnA 331918 CERTIFICATE OF SERVICE I, Megan A. Moll, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this ?-':J(1 day of , 2006 serving a true and correct copy of the foregoing upon Defendant via certified mail as follows: Keystone Lodging Enterprises d/b/a Sleep Inn 3304 Market Street Camp Hill, PA 17011 11 k n 0 ,:MM-'a Megan A. Moll 331918 r..? , C ? _ ? = . 7 _-! - '- -n J< C ,) L :K u: Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 j s@jdsw.com Attorneys for Defendant LIZBANIA HYPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, ; Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER THE Appearance of the undersigned on behalf of the Defendant in the above-captioned matter. DUFFIE, STEWART & WEIDNER Date: F/ Oep Jefferson J. Shipman, 11sgi Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant a been duly served upon the Mail, postage prepaid, in DUFFIE, STEWART & WEIDNER l:rso J. Shipmanfl #: 1785 Bo 109 ioyn , PA 17043 rneys for Defendant I hereby certify that a copy of the foregoing following, by depositing the same in the United Sta Lemoyne, Pennsylvania, on Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiff 280749 q t ter; -o r? w Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 hs@jdsw.com Attorneys for Defendant LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, Defendants JURY TRIAL DEMANDED NEW MATTER NOTICE TO: Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service. N, DUFFIE, STEWART & WEIDNER Date: g14_1454 Jefferson J. Shipman, EdgL Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendant LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, Defendants : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT AND NOW, comes the Defendant, Keystone Lodging Enterprises, d/b/a Sleep Inn, by and through its counsel, Jefferson J. Shipman, Esquire and Johnson, Duffie, Stewart & Weidner, and files the following Answer and New Matter in response to Plaintiffs Complaint: 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 1. 2. Admitted. 3. Denied. The averments contained in Paragraph 3 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 4. Denied. The averments contained in Paragraph 4 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 5. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefore denied. 6. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are therefore denied. 7. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 7 and the same are therefore denied. 8. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 8 and the same are therefore denied. 9. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 9 and the same are therefore denied. 10. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 10 and the same are therefore denied. 11. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 11 and the same are therefore denied. 12. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 12 and the same are therefore denied. 13. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied. 14. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied. COUNTI LIZBANIA HYPES v. KEYSTONE LODGING ENTERPRISES t/b/a SLEEP INN 15. The Defendant incorporates herein by reference its answers to Paragraphs 1 through 14 above as though fully set forth herein at length. 16. Denied. The averments contained in Paragraph 16, and subparagraphs a. through d., are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 16, and subparagraphs a, b, c, and d, are specifically denied. a. Denied. To the contrary, the Defendant did exercise the highest degree of care that a business owner owes to business invitees utilizing the premises for its intended purposes; b. Denied. To the contrary, the Defendant did properly maintain and operate its premises and did not allow unsafe hazards to exist in the form of oily substances on the shower floor; C. Denied. To the contrary, the Defendant did inspect the premises to determine whether there were any dangerous conditions which posed a hazard to business invitees; and d. Denied. To the contrary, the Defendant did provide adequate and necessary precautions in the shower, such as skid strips, rails, etc. WHEREFORE, the Defendant, Keystone Lodging Enterprises d/b/a Sleep Inn, respectfully requests that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, the answering Defendant interposes the following New Matter defenses: 17. That Plaintiffs Complaint fails to state a cause of action against the Defendant. 18. That the Plaintiffs alleged cause of action is barred by the Doctrine of Assumption of the Risk. 19. That the Plaintiffs alleged cause of action is barred by the Plaintiffs own comparative negligence. 20. That if it should be found that there was any negligence on the part of the Defendant, which is specifically denied, then in that event any such negligence was not a substantial factor nor factual cause of any harm to the Plaintiff. 21. That the Plaintiffs alleged injuries, if any, may have been pre-existing. 22. That the Plaintiffs alleged injuries, if any, may have been caused by third parties or entities not presently involved in this action. 23. That the Plaintiffs alleged cause of action may be barred by the applicable Statue of Limitations. WHEREFORE, the Defendant, Keystone Lodging Enterprises d/b/a Sleep Inn, respectfully requests that judgment be entered in its favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, DUFFIE, STEWART & WEIDNER DATE: 811411C40 Jeff rson J. Shipman, Estit Att rneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: hs@jdsw.com Attorneys for Defendant VERIFICATION I, Robert Myshka, an authorized representative of Keystone Lodging Enterprises d/b/a Sleep Inn, have read the foregoing Answer to Plaintiffs Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; 1 verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4804. KEYSTONE LODGING ENTERPRISES d/b/a SLEEP INN Robert Myshka DATE: 280848 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on P Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER JeffersdSJ. Shipmary, E 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant 281501 5f ?'? ...i C ? ( -- -{{ ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney H)#: 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA V. ACTION - LAW KEYSTONE LODGING ENTERPRISES, O. 06-3710 - Civil Term D/B/A SLEEP INN, 3304 Market Street Camp Hill, PA 17011 Y TRIAL DEMANDED Defendant PLAINTIFF'S ANSWER TO NEW MATTER 17. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiffs Complaint fails to state a cause of action against Answering Defendant. To the contrary, Plaintiff s Complaint states a valid cause of action recognized by Pennsylvania Law. 18. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiff s cause of action is barred by the doctrine of assumption of the risk. 19. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiffs action is barred by Plaintiff s own comparative negligence. To the contrary, as a business invitee, Defendant owes the highest duty of care to Plaintiff and Answering Defendant's negligence was the cause of Plaintiffs injuries, not her own. 334007 20. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Answering Defendant's negligence, which was specifically denied, was not a substantial factor nor factual cause of any harm to the Plaintiff. To the contrary, Answering Defendant's negligence was a substantial factor or a factual cause of Plaintiff s harm. 21. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiffs injuries were pre- existing. To the contrary, Plaintiff s injuries were a result of Answering Defendant's negligence. 22. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiff s injuries were caused by a third party or entities not presently involved in the present action. To the contrary, Plaintiffs injuries were caused by the negligence of Answering Defendant. 23. This averment states a conclusion of law to which no response is required. In the event that a response is deemed required, it is hereby denied that Plaintiffs cause of action is barred by the applicable statute of limitations. To the contrary, Plaintiffs action was filed in a timely manner as evidenced by the Complaint. WHEREFORE, Plaintiff prays Your Honorable Court to Dismiss the New Matter of Defendant. Date: ( ) 9/0" ANGINO & ROVNER, P.C. 'I lAi,-, Lisa Woodbum, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 334007 ATTORNEY AFFIDAVrr I, Lisa M. B. Woodburn, Esquire, state that I am counsel for Plaintiff, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the/penalties of 28 U.S.C. §1746, relating to unswom falsification to authorities. Lisa M. B. Woodburn, Esquire Sworn to and subscribed Jo before me on this?an day of August, 2006 Q AtrN or rthN NOTARIAL sEAI gIRI MM.OAUAONER,WARr'tl!!!0 IOSW80 l P., M WH a 334007 CERTIFICATE OF SERVICE I, Megan A. Moll, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this 7 3 day of z,f 2006 serving a true and correct copy of the foregoing upon Defendant via certified mail as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 ! .r?a- `Yft? -Q Megan oll 334007 n S 1\y -cp0 w -`r N m I\% -G SHERIFF'S RETURN - REGULAR CASE NO: 2006-03710 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HYPES LIZBANIA VS KEYSTONE LODGING ENTERPRISES WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KEYSTONE LODGING ENTERPRISES D/B/A SLEEP INN the DEFENDANT , at 1543:00 HOURS, on the 29th day of June , 2006 at 3304 MARKET STREET CAMP HILL, PA 17011 by handing to DIANE HALNING, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 12.32 Postage . 39 Surcharge 10.00 R. Thomas Kline .00 40.71, 06/30/2006 ANGINO & ROVNER Sworn and Subscibed to By: before me this day Deputy eriff of A. D. Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 fis@jdsw.com LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 TO: Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received ; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. JOHNSON, DUFFIE, STEWARD & WEIDNER By fferson J. Shipman, Esquir Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE: 'jb 8/ 6 `1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on 3 -g Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By J er n J. Shipman, Esquire Atiorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendants 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Ms@jdsw.com LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V., CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Lisa M.B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs PLEASE TAKE NOTICE that Defendants intend to serve three subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoenas may be served. JOHNSON, DUFFIE, STEWARD & WEIDNER By Je erson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com DATE: -?,1 d I 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, certified mail, postage prepaid, in Lemoyne, Pennsylvania, on Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By fferson J. Shipman, Esquire Attorneys I.D. #: 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lizbania Hypes, Plaintiff vs. File No. 06-3710 Keystone Lodging Enterprises, D/B/A/ Sleep Inn, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all medical records, correspondence, reports, diagnostic test results pertaining to Lizbania Hypes (maiden name Perfan) : DOB: 1/22/62 SSN: 682-12-1011 at Johnson Duffie Stewart & Weidner. 301 Market Street, P.O. Box 109, Lemoyne, PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman, Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: rf.1 o Seal of the Court BY THE COURT: (-? 14 Protho otary/Clerk, it bivisi Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lizbania Hypes, Plaintiff vs. File No. 06-3710 Keystone Lodging Enterprises, D/B/A/ Sleep Inn, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS-Carlisle (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: any and all medical records, correspondence, reports pertaining to Lizbania Hypes (maiden name Perfan) patient # 28406, call # 3028532, DOB: 1/22162 SSN: 682-12- 1011 at Johnson. Duffle. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-7614540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants DATE: rT 07 Seal of the Cou / BY THE COURT: ?' I/-" In Prot onotary/Cle , ivil Di ion Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Lizbania Hypes, Plaintiff vs. File No. 06-3710 Keystone Lodging Enterprises, D/B/A/ Sleep Inn, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: . Cumberland-Goodwill Fire Rescue (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: any and all medical records, correspondence, reports pertaining to Lizbania Hypes (maiden name Perfan) patient # 3483, call # CGO402378: DOB: 1/22/62 SSN• 682-12- 1011 at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Jefferson J. Shipman. Esquire ADDRESS: 301 Market Street Lemoyne. PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 51785 ATTORNEY FOR: Defendants COURT: BY THE 0 Prot onotary/Clerk, vil Tsion DATE: 2 oG7 Seal of the Court Deputy (Eff. 7/97) r"? r-3 ? ?r1 -73 Y f ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff V. KEYSTONE LODGING D/B/A SLEEP INN, Defendant TO: THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA ACTION - LAW 06-3710 - Civil Term Y TRIAL DEMANDED Keystone Lodging Enterprises D/B/A Sleep Inn c/o Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: REQUEST FOR ADMISSION # 1: It is admitted Leslie Diane Jenkins, General Manager, was aware on August 1, 2004 that the shower in the Hypes hotel room was slippery and Plaintiff slipped in the shower. Admit Deny SUPPLEMENTAL INTERROGATORY # 1 : If your answers is anything but an unqualified admission, please explain the basis of your denial or partial denial and state the facts upon which you rely in support of your position. REQUEST FOR ADMISSION # 2: It is admitted Leslie Diane Jenkins, General Manager, was aware Mr. Hypes reported the floor of the shower was slippery, prior to her entering the Hypes hotel room on August 1, 2004. Admit Deny SUPPLEMENTAL INTERROGATORY # 2: If your answers is anything but an unqualified admission, please explain the basis of your denial or partial denial and state the facts upon which you rely in support of your position. REQUEST FOR ADMISSION # 3: It is admitted Leslie Diane Jenkins, General Manager, only looked at the shower floor in the Hypes hotel room, and did no further inspection or examination. Admit Deny SUPPLEMENTAL INTERROGATORY # 3: If your answers is anything but an unqualified admission, please explain the basis of your denial or partial denial and state the facts upon which you rely in support of your position. REQUEST FOR ADMISSION # 4: It is admitted Leslie Diane Jenkins, General Manager, did not request anyone inspect the shower area in the Hypes hotel room for a slippery substance. Admit Deny SUPPLEMENTAL INTERROGATORY # 4: If your answers is anything but an unqualified admission, please explain the basis of your denial or partial denial and state the facts upon which you rely in support of your position. Respectfully submitted, ANGINO & ROVNER, P.C. Lisa M. B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) Date: RV -1 CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this 3 day of 2009 serving a true and correct copy of the foregoing upon Defendant via certified mail as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 'mil, THE I"ryi? •^i"?t^.?tl IrIARY 2049 MAY -! F 9 (: 59 ?r? I.. u"kv ill Johnson, Duffie, Stewart & Weidner By: Jefferson J. Shipman, Esquire I.D. No. 51785 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 bs@jdsw.com LIZBANIA HYPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, : NO. 06-3710 CIVIL TERM D/B/A SLEEP INN, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES 1. Denied. Defendant can neither admit or deny this request, as the testimony of Leslie Diane Jenkins at her deposition of January 10, 2007 speaks for itself, therefore it is denied. 2. Denied. Defendant can neither admit or deny this request, as the testimony of Leslie Diane Jenkins at her deposition of January 10, 2007 speaks for itself, therefore it is denied. 3. Denied. Defendant can neither admit or deny this request, as the testimony of Leslie Diane Jenkins at her deposition of January 10, 2007 speaks for itself, therefore it is denied. 4. Denied. Defendant can neither admit or deny this request, as the testimony of Leslie Diane Jenkins at her deposition of January 10, 2007 speaks for itself, therefore it is denied. DATE: !5'J21?/p1 , DUFFIE, STEWART & WEIDNER Ieff9rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1& 4 ?11 -e?? 4Je J. Shipman DATE: .Sl2?I CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By Jefferson J. Shipman, Esquire I. D. #: 51785 P.O. Box 109 Lemoyne, PA 17043 Attorneys for Defendant f. Iv. - .'_.. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) LIZBANIA HYPES, Plaintiff V. KEYSTONE LODGING ENTERPRISES D/B/A SLEEP INN, Defendant No. 06-3710 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Objections to Defendant's Answers to Plaintiff's Request for Admissions Pursuant to Pa. R.C.P. 4014. 2. Identify counsel who will argue case: a. for plaintiff: Lisa M.B. Woodburn, Esquire of Angino & Rovner, P.C. b. for defendant: Jefferson J. Shipman, Esquire of Johnson, Duffie, Stewart & Weidner 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 9, 2009 Atto ey for Plaintiffs Date: August 3, 2009 416409 T CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day of 44 r' S , 2009 serving a true and correct copy of the foregoing upon Defendant via certified mail as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 416409 CA- 2909 AUG -3 PH : 5 7 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X) for JURY trial at the next term of civil court () for trial without a jury LIZBANIA HYPES, THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, O. 06-3710 -Civil Term 3304 Market Street Camp Hill, PA 17011 JURY TRIAL DEMANDED Defendant () Assumpsit Q Trespass () Trespass (Motor Vehicle) (X) Other - Medical Malpractice The trial list will be called on October 20, 2009. Trials commence on November 16, 2009. Pre-trials will beheld on October 28, 2009 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the Praecipe to all counsel, pursuant to local Rule 314-1.) No. 06-3710 Civil Indicate the attorney who will try case for the party who files this Praecipe: Lisa M.B. Woodburn, Esquire, Angino & Rovner, P.C., 4503 North Front Street, PA 17110 416405 Indicate trial counsel for other parties if known: Jefferson J. Shipman, Esquire, Johnson, P.O. Box 109, Lemoyne, PA 17043 This case is ready for trial. Date: 3j 6x)V 1 Duffle, Stewart & Weidner, 301 Market Street, Signed: '/1% Print Name: Lisa M.B. Woodburn Attorney for Plaintiff(s) 416405 t CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby n certify that I am this 5 day of , 2009 serving a true and correct copy of the foregoing upon Defendant via certified mai as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 416405 C? Til? ?tRv G- 1.) i I e-K? 7 974 ?"` aa87y3 It JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman, Esquire I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 bs@jdsw.com LIZBANIA HYPES, V. Plaintiff KEYSTONE LODGING ENTERPRISES D/B/A SLEEP INN, Defendant JURY TRIAL DEMANDED DEFENDANT'S AMENDED ANSWERS TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES 1. Denied. The deposition testimony of Leslie Diane Jenkins speaks for itself and states in relevant part: "he [Mr. Hypes] said that she [Lizbania Hypes] slipped in the shower, and hit her back on the shower... [a]nd he said the shower - he knew the shower was slippery because he was in the shower before her..." (Deposition of Jenkins p. 25). There is nothing in the deposition testimony to support that Leslie Diane Jenkins was aware through any other conversations or means of the alleged slippery conditions of the shower of the Hypes room on the date of the alleged fall except Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3710 CIVIL TERM CIVIL ACTION - LAW through the Plaintiffs husband as testified to above. } 2. Denied. The deposition testimony of Leslie Diane Jenkins speaks for itself, and states in relevant part: "he [Mr. Hypes] was saying in a kind of relaxed manner, you know, she fell, and her back hurts, but I don't know if we should call the ambulance, I don't know if its serious... he [Mr. Hypes] said that she [Lizbania Hypes] slipped in the shower, and hit her back on the shower... [a]nd he said the shower - he knew the shower was slippery because he was in the shower before her..." (Deposition of Jenkins pp. 22, 25). The deposition testimony supports that this information was obtained through Mr. Hypes' call to the front desk and through a conversation with another employee after the alleged fall occurred. 3. Denied. The deposition testimony of Leslie Diane Jenkins speaks for itself and states in relevant part: A: Yes. I looked at the shower floor, I did not get down and touch it, but I did look in. I did not see anything on it. Q: What were you looking for? A: Anything. To see if anything was wrong or - and I didn't see anything, so - Q: Did you see water on the floor? A: I guess there was dry - honestly I don't remember. I don't remember. If I would have thought water was out of the ordinary, I might have remembered it, but, no, I don't remember. Q: And you didn't feel the shower? A: No I did not. (Deposition of Jenkins p. 26). 4. Denied. The deposition testimony of Leslie Diane Jenkins speaks for itself and states in relevant part: Q: Okay. Did you ask anyone to inspect the shower area to look for a slippery substance? A: No. Q: Did you ask housekeeping to go and to wipe out the shower area because there had been reports that there was a slippery substance? A: No, because the room would have been cleaned then. (Deposition of Jenkins p. 31). Respectfully submitted, JOHNSQN, DUFFIE, STEWART & WEIDNER J ffeFsbn J. Shidman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: August 10, 2009 373427 . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Amended Answers to Plaintiffs Request for Admissions and Interrogatories has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August *0, 2009: Lisa M. B. Woodburn, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER E6L AA?? Je erson J. Ship an, Esquire F LE- E_ LOB t :iii 12 i CUM rr ANGINO & ROVNER, P.C. Lisa M.B. Woodburn, Esquire Attorney ID# : 89397 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff V. Please withdraw Plaintiff's Preliminary Objections to Defendant's Answers to Plaintiff's KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, O. 06-3710 -Civil Term Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Request for Admissions filed on July 6, 2009. Date: THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA IL ACTION - LAW Respectfully submitted, ANGINO & ROVNER, P.C. */So L- Lis M. B. Woodburn, Esquire I.D. No. 89397 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) 417761 CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby p? certify that I am this ' D day of , 2009 serving a true and correct copy of the foregoing upon Defendant via certified ma as follows: Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 417761 FILED--C}= - DE OF THE Fwd` ! '« .:OTAPY 2009 A U G 19 Fhb 2: Jr? 5 CUB"vt? ;' '• y ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) LIZBANIA HYPES, Plaintiff THE COURT OF COMMON PLEAS IMBERLAND COUNTY, PENNSYLVANIA V. KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, Defendant ACTION - LAW 0. 06-3710 - Civil Term JRY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of the Plaintiff. ANGINO & ROVNER, P.C. avid L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 - phone (717) 238-5610 - fax dlutz@angino-rovner.com r Attorney for Plaintiff Date: 421960 ORIGINAL CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE TO ENTER APPEARANCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Jefferson J. Shipman, Esquire Johnson, Duffle, et al. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Defendant Dated: U 01A Mary T. eraets 421960 c) r _ mar `° 2009 OCT 12 AM 10: 33 l y LIZBANIA HYPES -- V S -- KEYSTONE LODGING ENTERPRISES D In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2006-3710 Judge: GUIDO y Attorney: Attorney: Date: JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D I,nLllllllllllllllllJUUL- -NCVT6-2-4 FELI '? 11111111111 Jill 11111 r4f ;71 7 - 1 A J IIIIIIII 770716-18 4 1lilt 11g1111111111111111111111111111 NOV16-218 ZIES, CRAIG R 6 Illpllllllllllllll NOV16-72 T JENNIFER 7 IIIIIIIII?IIIIIIIINIIIII??IIIIIIII NOV16-243 DURHAM, LINDA K g IIIIIIIIIIIIHIIIIIgIIIBlgllllllllln NOV16-29 DECKERT, RUSSELL K 9 IIIIInIIIIIIIIIIIIINIIAIllllllillll NOV16-305 CARBERRY, JAMES D 10 IIIIIIIIIIIIIIIIIIIIIIII?IIIIIIINII NOV16-238 LEVENDUSKY, THOMAS A 11 ANAMUWWMXW- WOV16-284 1 12 Illlllllllllllllllllllllllllllllllllh NOV16-177 DEAN, KENNETH D 14 IIIIIIIIIIIIIIIIIII?IIIIIII1111111111 NOV16-292 WATKINS, JAMES C 15 IIIIIIIIIbIIII?II1111111N11111111111 NOV16-180 FINKEY„ JR CARL W MOM 6-236 MAG , 17 IIIIIU1111111a111111H11111111111u NOV16-334 RAYNER„ III HENRY W 18 IIIIINIIAIUIBIIIIIIIAIIIIIIIIIIII NOV16-294 HIGGINS, STACEY M 19 Iilllllllllllllllllllllllllllllllllllil NOV16-328 READSHAW, RANDY W 20 Illllllll?llullllllll?lllllllllllll NOV16-70 WILLIAMS, CHARLES W flmiNI11NIIIININIINflINIINN - 9 - BAER C 2A Illlinlllllllllllllllllllllllllllll NO - 1 MCCORMACK, JENNIFER K % LIZBANIA HYPES -- V S -- KEYSTONE LODGING ENTERPRISES D UR In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2006-3710 Judge: GUIDO Attorney: Attorney: Date: ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 23 Illlllllllllllllllllllllll?lllllllllll NOV16-66 NIELDS, DAVID W 24 Illlllllllllllllihllllllllllllllllllh. NOV16-335 PICKETT, RITA M 25 IllllllIN 111llllllllllllfill llllIII I INQV16-298 MULLIN,, JR WIL AM J 26 Illllllllllllllllllnllllllllllllllll? NOV1 -244 STARLIPE LLIAM C 27 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NOV16-2 OLAR , MARIA C 28 111111111611111111AI111111111111111111 NOV16-234 ER, KEVIN L 29 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NOV16-5 S SON, RANDY L , 30 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII N 16-52 HA, TH AS N 31 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NOV16-278 WEAKLAN JOHESEE 32 IIIIIIIIIIIIIIIIIIIJIII?IIIIIIIIIIIIII NOV16-14 RUNK, PAUL 33 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIII NOV16-65 CUMMINGS, SEAN'C 34 35 36 37 38 39 40 41 42 43 44 LIZBANIA HYPES, Plaintiff V. KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, Defendant THE COURT OF COMMON PLEAS MBERLAND COUNTY, PENNSYLVANIA ACTION - LAW 0. 06-3710 - Civil Term JRY TRIAL DEMANDED VFR nTCT Was Defendant Sleep Inn negligent? Yes No If your answer to question number 1 is "yes", please proceed to question number 2. If your answer to question number I is "no", then Plaintiff cannot recover and you should return to the courtroom. 2. Was Plaintiff Lizbania Hypes negligent? Yes No If your answer to question number 2 is "yes", please proceed to question number 3. If your answer to question number 2 is "no", then proceed to question number 4. 423928 .11 •, 3. Taking the combined negligence that was a factual cause in bringing about Plaintiff Lizbania Hypes' harm as 100%, what percentage of negligence is attributable to Defendant Sleep Inn and what percentage is attributable to Plaintiff Lizbania Hypes? a. Defendant Sleep Inn % b. Plaintiff Lizbania Hypes % TOTAL MUST BE 100% 100% (If you have found that Plaintiff Lizbania Hypes to be greater than 50% negligent, she cannot recover and you should return to the courtroom.) 4. Without taking into account the percent negligence findings, please state the amount of damages sustained by Plaintiff Lizbania Hypes: a. Past Medical Expenses $ b. Future Medical Expenses $ C. Loss of Earning Capacity $ d. Non-economic damages (e.g., past and future pain and suffering, embarrassment and humiliation, and loss of enjoyment of life) $ ?i Date: G? A/b Foreperson 423928 - -low JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jjs@jdsw.com LIZBANIA HYPES, V. Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-3710 KEYSTONE LODGING ENTERPRISES, D/B/A SLEEP INN, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT AFTER VERDICT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Defendant and against the Plaintiff based on the verdict of the jury as no timely post-trial motions have been filed. Date: December 11, 2009 JOHNSON, DUFFIE, STEWART & WEIDNER Je Vers:27. S ipman Attorney for Defendant JUDGMENT Judgment entered pursuant to jury verdict in favor of Defendant and against Plaintiff. Dated: /ol ?l U?G l By: / (/ L& i 1AA Prothonotary f -Z CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Judgment has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 11, 2009: David Lutz, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER B Je erson J. h 2009 DEC 14 PH 2: 01 -M1 F it A ?3?ly?i 1 fG,l-omwn