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Home My WebLink About06-4772ti SOLOFF & ZERVANOS, P.C. BY: John N. Zervanos, Esquire ID# 49615 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALICE BRADY 302 OLD FORGE CROSSING DEVON, PA. 19333 vs. DONALD L. CARTER, Individually t/d/b/a RIVERSIDE GINGERBREAD RESTAURANT 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND DONALD L. CARTER, Individually t/d/b/a DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND GINGERBREAD MAN'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA 17043 AND GINGERBREAD MAN RIVERSIDE, INC. 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 CIVIL ACTION DOCKET NO. PRAECIPE TO ISSUE SUMMONS TO THE PROTHONOTARY: Kindly issue Summons in the above captioned P.C. Date: ?f N. Esquire 160: t 16 P, -p?7 p C n ?iJ Lrt t `;. Co U ?_1 r A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND. to wit: BRADY MICHAEL but was unable to locate Him deputized the sheriff of CHESTER serve the within COMPLAINT JOINING ADDL On January 23rd , 2007 , t attached return from CHESTER Sheriff's Costs: s office was in receipt of the Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Chester County 31.17 Postage 1.26 69.43 J _p1 01/23/2007 \-5V MDW&O Sworn and subscribe to before me this day of A. D. So answer Thomas Kline Sheriff of Cumberland County in his bailiwick. He therefore County, Pennsylvania, to 16 Please mail return of service to Cumberland County Sheriff. Thank you In The Court of Common Pleas of Cumberland County, Pennsylvania Alice Brady VS Gingerbread Man Riverside Inc VS. Michael Brady 06-4772 civil No. Now, January 9, 2007. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 2 n rn= Sheriff of Cumberland County, PA -- r? M r) to :;? Affidavit of ServiceM- Now, 0-4tiuMV 20 07 , at /D' o'clock /4 M. served the within A1Q7'sc L ('0 M VC ,4x--T -'a 7o-TN D?1'T n/i3 C f7 ?,rnl.D?gn/ T upon A1ZC#W 6t at & .(0 07 1+ 1UT"4),J c4w6- by handing to P&-FrNJ)4AI7- a VU6 . copy of the original C®mPC#g-tir and made known to 0=C,9.*,z, Rx&J y the contents thereof. So answers, 5 NOTARIAL SEAL Rebecca S. Yepremian, Notary Public West Chester Boro., Chester County My commission expires August 6, 2008 Sworn and ubscribed before me this day o , 20M_ /'/ 14 Z (/6XIV, P1i3 / "ST Sheriff of County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT s r v~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALICE BRADY CIVIL ACTION 302 OLD FORGE CROSSING DEVON, PA. 19333 VS. DONALD L. CARTER, Individually t/d/b/a RIVERSIDE GINGERBREAD RESTAURANT 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 DOCKET NO. ?e -(j? r,? LdUGI. It AND DONALD L. CARTER, Individually t/d/b/a DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND GINGERBREAD MAN'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA 17043 AND GINGERBREAD MAN RIVERSIDE, INC. 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 SUMMONS IN CIVIL ACTION - LAW TO: Donald L. Carter, Individually t/d/b/a Riverside Gingerbread Restaurant and Donald L. Carter, Individually, t/d/b/a/ Dukes Restaurant and Dukes Restaurant and Gingerbread Man's Riverside and Gingerbread Man Riverside, Inc. 313 S. Front Street Wortnleysburg, PA 17043 Defendants YOU ARE NOTIFIED THAT Alice Brady Plaintiff(s) have commenced an action a ag inst you Date: D 19166 (SEAL) PROTHONOTA by: thon ary Plaintif, s Attomey Name: John N. Zervanos. Esquire 1525 Locust Street. 8th Flr. Philadelphia. Pa. 19102 215-732-2260 ID# 49615 F: \F1 LES\DATAFILE\Donega13050\Current\416\pra l /nlm Created: 9/20/04 0:06PM Revised: 9/8/06 2:15PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants ALICE BRADY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4772 CIVIL ACTION - LAW DONALD L. CARTER, Individually t/d/b/a RIVERSIDE GINGERBREAD RESTAURANT, DONALD L. CARTER, Individually t/d/b/a DUKE'S RIVERSIDE, DUKE'S RIVERSIDE, GINGERBREAD MAN'S RIVERSIDE, and GINGERBREAD MAN RIVERSIDE, INC., Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants in the above matter. MARTSON DErA'RD F WILLIAMS & OTTO By_ _ I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: September 8, 2006 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John N. Zervanos, Esquire SOLOFF & ZERVANOS, P.C. 1525 Locust Street Eighth Floor Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO By 1 / t ' c Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 8, 2006 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 CARTER DONALD L the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.08 Postage .63 Surcharge 10.00 R. Thomas Kline .00- 42.71Z 08/25/2006 SOLOFF & ZERVANOS Sworn and Subscibed to By: before me this day Deputy Sherif f of A. D. SHERIFF'S RETURN - REGULAR I CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 CARTER DONALD L TDBA RIVERSIDE GINGERBREAD RESTAURANT the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 ?'08/25/2006 g/2 7(0 , SOLOFF & ZERVANOS Sworn and Subscibed to By: before me this day of , Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 CARTER DONALD L TDBA DUKE'S RIVERSIDE the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 -? Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.0008/25/2006 9/d 71O?, SOLOFF & ZERVANOS Sworn and Subsc ibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 DUKE'S RIVERSIDE the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00/ 08/25/2006 SOLOFF & ZERVANOS Sworn and Subscibed to By: before me this day Deputy Sfieriff i of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 GINGERBREAD MAN'S RIVERSIDE INC the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 So Answers: Surcharge 10.00 R. Thomas Kline .00 16.OOJ 08/25/2006 ?I1ibv '1_ SOLOFF & ZERVANOS Sworn and Subscibed to I By: before me this day 15ep-u-ty Sheriff of _ A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04772 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY ALICE VS CARTER DONALD L ET AL 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 GINGERBREAD MAN RIVERSIDE INC the DEFENDANT , at 1512:00 HOURS, on the 24th day of August , 2006 at 313 S FRONT STREET WORMLEYSBURG, PA 17043 by handing to DONALD CARTER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 e Surcharge 10.00 R. Thomas Kline .00 16.00 08/25/2006 0(k7(ty Or SOLOFF & ZERVANOS Sworn and Subscibed to By: before me this day Deputy S eriff of A.D. SOLOFF & ZERVANOS, P.C. BY: David Thiruselvam, Esquire ID# 61815 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALICE BRADY CIVIL ACTION 302 OLD FORGE CROSSING DEVON, PA. 19333 vs. DONALD L. CARTER, Individually t/d/b/a RIVERSIDE GINGERBREAD RESTAURANT 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 DOCKET NO. 06-4772 AND DONALD L. CARTER, Individually t/d/b/a DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND DUKE'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 AND GINGERBREAD MAN'S RIVERSIDE 313 S. FRONT STREET WORMLEYSBURG, PA 17043 AND GINGERBREAD MAN RIVERSIDE, INC. 313 S. FRONT STREET WORMLEYSBURG, PA. 17043 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of David Thiruselvam, Esquire as co-counsel in the above captioned matter. David Thiruselvam, Esquire SOLOF & ZERVAN , P. . By: ` T*} 3 Y" t F:\FILES\DATAFILE\Donegal3050\Current1416lstip t/ajt Created: 9/20/04 0:06PM Revised: 11114/06 9:38AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants & OTTO ALICE BRADY Plaintiff V. DONALD L. CARTER, Individually t RIVERSIDE GINGERBREAD RESTAURANT, DONALD L. CART Individually t/d/b/a DUKE'S RIVERS. DUKE'S RIVERSIDE, GINGERBREAD MAN'S RIVERSID and GINGERBREAD MAN RIVERS] INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4772 CIVIL ACTION - LAW JURY TRIAL DEMANDED 1. Plaintiffhas commenced a ions against various Defendants as stated in the above caption. 2. The parties have agreed that the appropriate Defendant is Gingerbread Man Riverside, Inc. 3. The parties have agreed that the caption in this case shall be Alice Brady, Plaintiff, v. Gingerbread Man Riverside, Inc., 4. The parties further agree the above-removed Defendants without they shall have the right to reinstate this action against any of in the event information arises indicating that the person or entity would be an appropriate WHEREFORE, the parties sign this intending to be legallybound thereby and amending the caption in this case as stated above. OS, P.C. By John ervanos, Es u 1525 L S Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorneys fo Pl intiff Dated: MARTSON DEARDORFF WILLIAMS & OTTO By (In/ k• 144eja Daniel K. Deardorff, Esquir I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: I, Ami Thumma, an authorized a ent ofMartson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Stipulation was se ed this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, a dressed as follows: Jo N. Zervanos, Esquire SOL F & ZERVANOS, P.C. 525 Locust Street Eighth Floor Philadelphia, PA 19102 III MARTSON DEARDORFF WILLIAMS & OTTO a Ami Thumma U Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 29, 2006 ° ey , n M r,_e M - r r ., ? p , r_.' C.? J V F: \FILES\DATAFILE\Donega13050\Current\416\pra4/ajt V4b Created: 9/20104 0:06PM Revised: 11/29/06 10: 31 AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF ) I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants & OTTO ALICE BRADY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 - 4772 CIVIL TERM GINGERBREAD MAN RIVERSIDE, ANC.,: Defendant TO THE PROTHONOTARY OF Kindly issue a rule upon the thereof or suffer judgment of non pros. PRAECIPE COUNTY: to file a Complaint within twenty (20) days from service M O DE ORFF WILLIAMS & OTTO By V?Daniel K. Deardorff, Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: November 29, 2006 RULE AND NOW, this4 day of , 2006, a Rule is issued upon the Plaintiff to file a Complaint within twenty (20) days from ervice hereof. Pr thonotary /'?- - I, Ami Thumma, an authorized a copy ofthe foregoing Praecipe was first class mail, postage prepaid, so ofMartsonDeardorffWilliams & Otto, hereby certify that this date by depositing same in the Post Office at Carlisle, PA, as follows: i N. Zervanos, Esquire FF & ZERVANOS, P.C. 1525 Locust Street Eighth Floor iladelphia, PA 19102 MAR By Aiifi Thumma I Ten East High e Carlisle, PA 17013 (717) 243-3341 Dated: November 29, 2006 & OTTO C'l ra c r7-7t . d nrl SOLOFF & ZERVANOS, P.C. BY: David Thiruselvam, Esquire Attorney ID# 61815 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALICE BRADY 302 OLD FORGE CROSSING DEVON, PA. 19333 CIVIL ACTION VS. GINGERBREAD MAN RIVERSIDE, INC. 313 S. FRONT STREET WORMLEYSBURG, PA 17043 NO. 06-4772 NOTICE TO PLEAD "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you 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. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL & INFORMATION SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 "AVISO" "Le ban demandado a usted en In corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) this de plazo al partir de la fecha de la demanda y la notiticaci6n. Hace falta asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomar6 medidas y puede continuar In demanda en contra suya sin previo aviso o notificaci6n. Ademas, In corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE 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. ASOCIACION DE LICENDIADOS DE CUMBERLAND SERVICIO DE REFERENCIA E INFORMACION LEGAL 32 South Bedford Street Carlisle, PA 17013 Telefono: (717) 249-3166 SOLOFF & ZERVANOS, P.C. BY: David Thiruselvam, Esquire Attorney ID# 61815 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALICE BRADY CIVIL ACTION 302 OLD FORGE CROSSING DEVON, PA. 19333 VS. GINGERBREAD MAN RIVERSIDE, INC. NO. 06-4772 313 S. FRONT STREET WORMLEYSBURG, PA 17043 CIVIL ACTION COMPLAINT 1. Plaintiff, Alice Brady, is an adult individual residing at the above noted address. 2. Defendant, Gingerbread Man Riverside, Inc. is a Pennsylvania corporation with a business address located at the above noted address. 3. At all times material hereto the Defendant, Gingerbread Man Riverside, Inc. owned, maintained or had under its care, custody and control the Riverside Gingerbread Man Restaurant located at 313 Wormleysburg Road, Wormleysburg, PA. 4. On or about September 2, 2004 Plaintiff, Alice Brady was lawfully on the aforementioned restaurant parking lot/sidewalk as a patron of the Defendant. 5. On or about the same date and place mentioned above, while Plaintiff was lawfully on said premises Plaintiff slipped and fell into a parked vehicle on the restaurant's parking lot/sidewalk after her foot turned in a pot hole located in the parking lot/sidewalk adjacent to the parked cars. 6. Plaintiff avers that it was the duty of the Defendant to maintain the premises, particularly the parking lot/sidewalk of the premises and more importantly to repair the parking lot/sidewalk so that said premises should not constitute a menace, danger or nuisance for persons lawfully thereon. 7. Defendant knew or should have known that the condition of the property, particularly the pot hole in the restaurant's parking lot/sidewalk made the premises defective and dangerous and it was unreasonably dangerous as described above for a substantial period of time sufficient to repair, remove or otherwise remedy the dangerous condition. 8. Notwithstanding said duty, at the time of the aforementioned occurrence the Defendant failed to repair the pot hole in the parking lot/sidewalk which placed the premises in a state of neglect and to allow an unsafe condition to be created and to remain in such a condition so as to constitute a menace, danger and nuisance for persons lawfully thereon. 9. The carelessness and negligence of the Defendant as well as its workers, agents and/or representatives consisted of the following acts or omissions: a. Failing to maintain the premises in a condition which would protect and safeguard the welfare of persons lawfully thereon; b. Permitting the premises to become and remain in a state of disrepair and dangerous so as to constitute a menace, danger and/or nuisance for persons lawfully thereon; c. Failing to inspect the premises in order to determine its condition so as to remove or remedy any dangerous condition thereon; d. Failing to post warnings and/or verbally warn the Plaintiff and/or other third persons of the dangerous condition on the premises; e. Failing to remedy the dangerous condition on the said premises in a timely manner; f. Failing to barricade and/or guard Plaintiff and/or other third persons from an area of the premises which was dangerous to persons lawfully thereon; g. Failing to repair the pot hole. 10. As a direct and proximate cause of the negligence and carelessness of the Defendant as aforesaid, Plaintiff, Alice Brady has been caused to suffer severe and disabling injuries to her body including a left humerus fracture, all of which are or may be serious and permanent in nature and have resulted in pain, suffering, inconvenience, embarrassment, humiliation, mental anguish and loss of enjoyment of life and life's pleasures. 11. As a further direct and proximate result of the Defendant's negligence and carelessness as aforesaid, Plaintiff has been required to undergo hospital and medical surgical nursing care and treatment for the injuries described above, all to her great detriment, financial and otherwise. 12. As a further direct and proximate result of the Defendant's negligence and carelessness as aforesaid, Plaintiff has been compelled to spend large sums of money for medical care and treatment, all to her great detriment, financial and otherwise. WHEREFORE, Plaintiff, Alice Brady demands judgment against Defendant, Gingerbread Man Riverside, Inc. for damages in excess of the statutory Cumberland County local statutory arbitration limits together with costs, interest and delay damages as the law may allow. SOLOFF $? ZERVANOS"P.C.,: BY: ?rDavid P. Thiruselvam,?Fsquire Attorney for Plaintiff SOLOFF & ZERVANOS, P.C. BY: David Thiruselvam, Esquire Attorney ID# 61815 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALICE BRADY CIVIL ACTION Vs. NO. 06-4772 GINGERBREAD MAN RIVERSIDE, INC. CERTIFICATE OF SERVICE I, David P. Thiruselvam, Esquire, attorney for Plaintiff in the above captioned matter, and pursuant to Pa. R.C.P. 440, do hereby ?certify that a true and correct copy of Plaintiffs Civil Action Complaint was mailed this /S day of December, 2006, by United States First Class mail, postage prepaid, to counsel of record as noted below: Daniel K. Deardorff, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 SOLOFF ZERVANOS' P/' I BY: David P. Thiruseli m, Esquire Attorney for Plaintiff CD `z? F:IFILES\DATAFILE\Donega13050\Cwrent\416\corr?ajt Created: 9/20/04 0:06PM Revised: 12/26/06 3:30PM 3050.416 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants ALICE BRADY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GINGERBREAD MAN RIVERSIDE, INC., : Defendant V. MICHAEL BRADY, Additional Defendant : NO. 06 - 4772 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a j udgment 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants ALICE BRADY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 4772 CIVIL TERM GINGERBREAD MAN RIVERSIDE, INC., : Defendant V. MICHAEL BRADY, Additional Defendant COMPLAINT TO JOIN ADDITIONAL DEFENDANT MICHAEL BRADY 1. Plaintiff Alice Brady has filed a Civil Action Complaint against Defendant. 2. Defendant is Gingerbread Man Riverside, Inc. 3. A copy of the Complaint is attached hereto as Exhibit "A." 4. Defendant has filed an Answer with New Matter, which is attached hereto as Exhibit "B." 5. Defendant files this Additional Defendant Complaint to join Michael Brady as an Additional Defendant. 6. Additional Defendant Michael Brady is an adult individual, who resides at 6 South Winds Lane, Malvern, Chester County, Pennsylvania 19355. 7. In the event Plaintiff is entitled to a recovery, it is believed that Additional Defendant Michael Brady is solely liable on the Plaintiff's cause of action, or liable over to the j oining party on the Plaintiff s cause of action, or jointly or severally liable with the j oining party on the Plaintiff's cause of action. 8. The basis of liability is that Additional Defendant Michael Brady was negligent and careless in that he was directing the Plaintiff to his car and failed to warn or guide her in a safe manner to his car. 9. It is submitted that Additional Defendant Michael Brady was negligent in failing to observe any dangerous conditions that might have existed and failing to direct Plaintiff away from those dangerous conditions that may have existed. 10. As a direct and proximate cause of the negligence and carelessness ofAdditional Defendant Michael Brady, Plaintiff may have slipped and fallen as a result of a depression in the area of the path Plaintiff was being directed by Additional Defendant to take to his parked car. WHEREFORE, Defendant demands that judgment be entered against Additional Defendant Michael Brady for sole liability, liability over to the Defendant, or j oint and several liability with the Defendant. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Pj Daniel K. Deardorff, Esquire VLI I.D. Number 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: J/3/07 Attorneys for Defendant VERIFICATION I, Donald L. Carter, Jr., Owner of Gingerbread Man Riverside, Inc., acknowledge I have the authorityto execute this Verification on behalfof Gingerbread Man Riverside, Inc., and certify the foregoing Complaint to Join Additional Defendant Michael Brady is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint to Join Additional Defendant Michael Brady is that of counsel and not my own. I have read the document and to the extent the Complaint to Join Additional Defendant Michael Brady is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint to Join Additional Defendant Michael Brady is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if l knowingly make false averments, I maybe subject to criminal penalties. ERBREAD MAN RIVERSIDE, INC. Donald L. Carter, Jr. F: \FILES\DATAFILE\Donega13050\Current\416\com CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint to Join Additional Defendant Michael Brady was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David P. Thiruselvam, Esquire SOLOFF & ZERVANOS 1525 Locust Street Eighth Floor Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO By Ami J. Thumm Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1/3j o 7 o roa;, rr i r; C ar m r ? ` w cn o -< F:\FILES\DATAFILE\Donegal3050\Cwrent\416\ans I/nlm Created: 9/20/04 0:06PM Revised: 12/26/06 11: 59AM 3050.416 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants ALICE BRADY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 4772 CIVIL TERM GINGERBREAD MAN RIVERSIDE, INC., : Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: ALICE BRADY, Plaintiff, and her attorney, DAVID P. THIRUSELVAM, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Gingerbread Man Riverside, Inc., by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiff s Complaint as follows: 1-3. Admitted. 4-12. Denied pursuant to Pa. R.C.P. 1029(e). However, it is not admitted that Plaintiff was in the custody or control of Defendant when she allegedly fell. To the contrary, Plaintiff was with her son, Michael Brady, who was taking Plaintiff to his car when she allegedly fell. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. NEW MATTER 13. If Plaintiff fell, said event was a result of acts or omissions of others, including Plaintiff's son, Michael Brady. 14. Plaintiff's action may be barred by the two year statute of limitations. 15. Plaintiff was negligent in failing to watch where she was walking and not being observant to the surrounding conditions and said negligence may have contributed to the alleged fall. 16. Plaintiff may have assumed the risk of injury by voluntarily encountering the condition alleged in the Complaint. WHEREFORE, Defendant demands judgment in its favor against Plaintiff. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO By '; ?-L=A"? Daniel K. Deardorff, Esquire I.D. Number 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 1/3/07 Attorneys for Defendant VERIFICATION I, Donald L. Carter, Jr., Owner of Gingerbread Man Riverside, Inc., acknowledge I have the authority to execute this Verification on behalf of Gingerbread Man Riverside, Inc., and certify the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel and not my own. I have read the document and to the extent the Defendant's Answer with New Matter to Plaintiff's Complaint is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent the content of the Defendant's Answer with New Matter to Plaintiffs Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to authorities, which provides that if l knowingly make false averments, I maybe subject to criminal penalties. ERBREAD MAN RIVERSIDE, INC. Donald L. Carter, Jr. F:\FILES\DATAFILE\Donega13050\Cument\416\ans 1 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff s Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David P. Thiruselvam, Esquire SOLOFF & ZERVANOS 1525 Locust Street Eighth Floor Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO By !G ?? Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1/ 3/0 7 e,N p Q ? Q Thomas S. Brumbaugh, Esquire Attorney I.D. No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbauahb-fthlaw.com ALICE BRADY, V. Plaintiff GINGERBREAD MAN RIVERSIDE, INC., Defendant, Attorney for Additional Defendant, Michael Brady IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 06-4772 V. MICHAEL BRADY, Additional Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas S. Brumbaugh, Esquire and Thomas, Thomas & Hafer, LLP on behalf of Additional Defendant, Michael Brady, in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: January 23, 2007 By: Thomas S. Brumbau squire CERTIFICATE OF SERVICE AND NOW, this 23d day of January, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: David Thiruselvam, Esquire SOLOFF & ZERVANOS 1525 Locust Street, 8th Floor Philadelphia, PA 19102 Attorney for Plaintiff Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Attorney for Defendant, Gingerbread Man Riverside, Inc. 476315.1 THOMAS, THOMAS & HAFER, LLP By: Thomas S. Brumbau ? l.: t Thomas S. Brumbaugh, Esquire Attorney I.D. No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com ALICE BRADY, V. Attomey for Additional Defendant, Michael Brady Plaintiff GINGERBREAD MAN RIVERSIDE, INC., Defendant, CIVIL ACTION NO. 06-4772 V. MICHAEL BRADY, Additional Defendant. NOTICE TO PLEAD To: Gingerbread Man Riverside, Inc. c/o Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 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 entered against you. Respectfully submitted, Date: February 6, 2007 THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh, uire Attorney I.D. No.: 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Thomas S. Brumbaugh, Esquire Attorney I.D. No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com ALICE BRADY, V. Plaintiff GINGERBREAD MAN RIVERSIDE, INC., Defendant, Attorney for Additional Defendant, Michael Brady IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 06-4772 V. MICHAEL BRADY, Additional Defendant. ADDITIONAL DEFENDANT, MICHAEL BRADY'S, ANSWER WITH NEW MATTER TO DEFENDANT, GINGERBREAD MAN RIVERSIDE, INC.'S COMPLAINT TO JOIN ADDITIONAL DEFENDANT AND NOW comes Additional Defendant, Michael Brady, by and through his attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter to Defendant, Gingerbread Man Riverside, Inc.'s Complaint to Join Additional Defendant Michael Brady, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Without admission of the contents therein, Additional Defendant, Michael Brady, admits that Defendant has filed an Answer with New Matter to Plaintiffs Complaint. 5. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). 6. Admitted. 7. Denied as a conclusion of law to which no response is required, and pursuant to Pa. R.C.P. 1029(e). By way of further answer, Additional Defendant, Michael Brady, specifically denies that he is solely liable, liable over to Defendant, or jointly or severally liable with Defendant as to Plaintiffs cause of action. 8. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). By way of further answer, Additional Defendant, Michael Brady, specifically denies that he was negligent or careless. 9. Denied as a conclusion of law to which no response is required, and pursuant to Pa. R.C.P. 1029(e). By way of further answer, Additional Defendant, Michael Brady, specifically denies that he was negligent. 10. Denied as a conclusion of law to which no response is required and pursuant to Pa. R.C.P. 1029(e). By way of further answer, Additional Defendant, Michael Brady, specifically denies that he was negligent or careless. WHEREFORE, Additional Defendant, Michael Brady, respectfully requests that judgment be entered in his favor, together with all applicable court costs. 2 NEW MATTER 11. Additional Defendant, Michael Brady, incorporates by reference as though fully set forth herein, the averments and denials contained within paragraphs 1 through 10 of this Answer with New Matter. 12. Defendant, Gingerbread Man Riverside, Inc.'s (hereinafter "Gingerbread Man") Complaint to Join Additional Defendant, Michael Brady, fails to state a cause of action upon which relief can be granted against Additional Defendant, Michael Brady. 13. The alleged conduct of Additional Defendant, Michael Brady, was not a proximate cause of any injuries and/or damages sustained by the Plaintiff. 14. No act or omission of Additional Defendant, Michael Brady, was a cause of, nor a substantial factor in causing, the Plaintiffs alleged injuries. 15. Plaintiff and Defendant, Gingerbread Man's claims against Additional Defendant, Michael Brady, may be barred by the statute of limitations and/or under the Lamp v. Heyman doctrine. Because Defendant, Gingerbread Man, did not join Additional Defendant, Michael Brady, until more than two years after the alleged incident, the statute of limitations prevents a finding that Additional Defendant, Michael Brady, is solely liable to Plaintiff, or jointly and severally liable with Defendant, Gingerbread Man, to Plaintiff. 16. The claims of Defendant, Gingerbread Man, may be barred or limited by collateral estoppel and/or res judicata. 17. Defendant, Gingerbread Man's claims against Additional Defendant, Michael Brady, may be barred by the defenses of release, accord and satisfaction, 3 waiver, estoppel, the terms of a contract or express warranty, or an award at arbitration, as may be shown by discovery in this case. WHEREFORE, Additional Defendant, Michael Brady, respectfully requests that this Honorable Court enter judgment in his favor. If it is determined that the Plaintiff is entitled to a recovery, Additional Defendant, Michael Brady, respectfully requests that judgment be entered solely against Defendant, Gingerbread Man Riverside, Inc. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: February 6, 2007 By: L Thomas S. Brumbaugh uire Attorney I . D. No. 89037 P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 476638.1 4 VERIFICATION 1, Michael Brady, verify that the attached document is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of the defense of this lawsuit. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this verification. I understand that this verification is subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications made to authorities. Date: l D Michael Bra CERTIFICATE OF SERVICE AND NOW, this 6t" day of February, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: David Thiruselvam, Esquire SOLOFF & ZERVANOS 1525 Locust Street, 8th Floor Philadelphia, PA 19102 Attorney for Plaintiff Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Attorney for Defendant, Gingerbread Man Riverside, Inc. THOMAS, THOMAS & HAFER, LLP Thomas S. Brumbaugh 5 { :. -rp ? .. -? "r,.; ?._J. ?.?_i) . ?? . ` - M w ...: -..`_ i - ? , ? y , 1 ? ? ? . 1 .? ? f ?s ?. f ('yam`. ?? -.._F??.r•r1 °"mow F: \FILES\DATAFILE\Donegal3050\Cuvrnt\416Vep 1 /ajt Created: 9/20/04 0:06PM Revised: 2/8/07 3:43PM 3050.416 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants ALICE BRADY, Plaintiff V. GINGERBREAD MAN RIVERSIDE, INC., : Defendant V. MICHAEL BRADY, Additional Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4772 CIVIL TERM DEFENDANT GINGERBREAD MAN RIVERSIDE, INC.'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT MICHAEL BRADY 11. Defendant incorporates by reference herein the averments set forth in the Additional Defendant Complaint in paragraphs 1 through 10. 12-17. These averments set forth are conclusions of law to which no reply is necessary. If a reply is necessary, said averments are denied and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that judgment be entered in its favor against Plaintiff and Additional Defendant. MARTSON LAW OFFICES By '` : r ` Daniel K. Deardorff, Esquire tl? 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: February 8, 2007 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of Martson Law Offices, hereby certify that a copy of the foregoing Defendant Gingerbread Man Riverside, Inc.'S Reply to New Matter Of Additional Defendant Michael Brady was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John Zervanos, Esquire SOLOFF & ZERVANOS 1525 Locust Street Eighth Floor Philadelphia, PA 19102 Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 M TSON LA ICES By Ami J. Th a 10 East H1 Street Carlisle, PA 17013 (717) 243-3341 Dated: February 8, 2007 r -I ~?f =y 3 SOLOFF & ZERVANOS, P.C. BY: John N. Zervanos, Esquire ID# 49615 1525 Locust Street Eighth Floor Philadelphia, PA 19102 (215) 732-2260 Attorney for Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AND DUKE'S RIVERSIDE AND GINGERBREAD MAN'S RIVERSIDE AND GINGERBREAD MAN RIVERSIDE, INC. CIVIL DIVISION ALICE BRADY CIVIL ACTION Vs. DONALD L. CARTER, Individually t/d/b/a RIVERSIDE GINGERBREAD RESTAURANT DOCKET NO. 06-4772 AND DONALD L. CARTER, Individually t/d/b/a DUKE'S RIVERSIDE PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter SETTLED, DISCONTINUED AND ENDED upon payment of your costs only. SOLOFF & XERVANOS, P.C. By: John N. Date: 426tO?- V CERTIFICATE OF SERVICE AND NOW, this 12th day of October, 2007, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: John Zervanos, Esquire SOLOFF & ZERVANOS 1525 Locust Street, 8th Floor Philadelphia, PA 19102 Attorney for Plaintiff Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Attorney for Defendant, Gingerbread Man Riverside, Inc. THOMAS, THOMAS & HAFER, LLP By: Thomas S. Brumbaug -rs