IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CONNIE BARBAROTTO and :

HENRY BARBAROTTO, husband :

and wife, :

:

Plaintiffs :

:

v. : CIVIL ACTION NO. 02-4389

:

HERSHEY ENTERTAINMENT & : (Judge Reed)

RESORTS COMPANY, :

:

Defendant :

DEFENDANT'S MOTION TO TRANSFER

Defendant Hershey Entertainment and Resorts Co. ("HE&R"), by its undersigned 

counsel, moves to transfer this action pursuant to 28 U.S.C. § 1404(a) for the

convenience of the parties and in the interest of justice. In support of this Motion, 

Defendant avers as follows:

Background

1. Plaintiffs Connie and Henry Barbarotto are citizens of New York, residing 

at 718 Kimball Avenue, Yonkers, New York. Jenkins Affidavit, ¶ 13.

2. Defendant HE&R is a Pennsylvania Corporation with headquarters located 

at 300 Park Boulevard, Hershey, Pennsylvania, 17033.

3. HE&R is in the business of operating HERSHEYPARK and HERSHEYPARK

Stadium, among other entertainment and resort venues. Jenkins Affidavit, 

¶ 3.

Case 2:02-cv-04389-TJS Document 6 Filed 08/05/2002 Page 1 of 5
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4. HERSHEYPARK and HERSHEYPARK Stadium are located in Hershey,

Pennsylvania, in the Middle District (Harrisburg Division).

5. This action arises out of a trip and fall accident which allegedly occurred 

while Plaintiffs were attending an 'Nsync concert at HERSHEYPARK

Stadium. Complaint, ¶ 6.

6. To date, HE&R has identified the following potential liability witnesses:

a. John Tshudy, HE&R's Directors of Buildings and Grounds

Maintenance;

b. Mona Hamilton, a Registered Nurse from the HERSHEYPARK First 

Aid staff, who assisted Plaintiffs at the time of the accident;

c. Allen Kintzer, an EMT from the HERSHEYPARK staff, who assisted 

Plaintiffs at the time of the accident; and

d. Timothy Shellenberger, Director of Safety & Security for

HERSHEYPARK.

Jenkins Affidavit, ¶¶ 6-12.

7. All of the witnesses listed in paragraph 6, above, work at HE&R in

Hershey, and live in the Hershey/Harrisburg area. Jenkins Affidavit, ¶¶ 6-

12.

8. Information provided by Plaintiff to HE&R thus far indicates Plaintiff

underwent medical treatment in New York. Jenkins Affidavit, ¶ 14. 

Case 2:02-cv-04389-TJS Document 6 Filed 08/05/2002 Page 2 of 5
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9. Information provided by Plaintiff to HE&R thus far indicates that none of 

Plaintiff's witnesses are located within the Eastern District, but rather, are 

located in New York. Id.

10. The only connection this case has to the Eastern District is that Plaintiffs' 

counsel maintains his office in Philadelphia. 

MOTION TO TRANSFER VENUE PURSUANT TO 28 U.S.C. § 1404(a)

11. Paragraphs 1-10, inclusive, are incorporated as if set forth fully.

12. Under 28 U.S.C. § 1404(a), a district court may transfer any civil action to 

any other district where it might have been brought, for the convenience of 

parties and witnesses and in the interest of justice.

13. Under 28 U.S.C. § 1391(a), this action could have been brought in the 

United States Court for the Middle District of Pennsylvania, where HE&R 

is located and where the events giving rise to the claim allegedly occurred. 

14. Transferring this action to the Middle District (Harrisburg Division) would 

further the interests of justice and be more convenient for the parties and 

witnesses in light of the following considerations:

a) Plaintiffs do not reside in the Eastern District of Pennsylvania;

b) information provided by Plaintiffs thus far indicate that none of

Plaintiffs' witnesses are located within the Eastern District;

c) Defendant HE&R is located within the Middle District (Harrisburg 

Division);

d) the site of the alleged accident is within the Middle District

(Harrisburg Division);

Case 2:02-cv-04389-TJS Document 6 Filed 08/05/2002 Page 3 of 5
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e) all of HE&R's witnesses and documents concerning the alleged 

accident are located within the Middle District (Harrisburg Division); 

and

f) the only connection this case has to the Eastern District is that 

Plaintiffs' counsel maintains his office in Philadelphia.

WHEREFORE, Defendant Hershey Entertainment and Resorts Co. respectfully 

requests that the Court transfer this action to the United States District Court for the 

Middle District of Pennsylvania (Harrisburg Division), pursuant to 28 U.S.C. § 1404(a).

Respectfully submitted,

McNEES WALLACE & NURICK LLC

By____________________________

Carol A. Steinour, Esquire

Susan V. Metcalfe, Esquire

100 Pine Street

P.O. Box 1166

Harrisburg, PA 17108-1166

(717) 232-8000

Attorneys for Defendant

Hershey Entertainment & Resorts 

Company

Dated: July 31, 2002

Case 2:02-cv-04389-TJS Document 6 Filed 08/05/2002 Page 4 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CONNIE BARBAROTTO and :

HENRY BARBAROTTO, husband :

and wife, :

:

Plaintiffs :

:

v. : CIVIL ACTION NO. 02-4389

:

HERSHEY ENTERTAINMENT & : (Judge Reed)

RESORTS COMPANY, :

:

Defendant :

ORDER

AND NOW, this ___ day of ___________________, 2002, upon consideration of 

Defendant's Motion to Transfer, Affidavit of Edna Jenkins in Support of Defendant's 

Motion to Transfer, and Brief in Support of Defendant's Motion to Transfer, it is hereby 

ORDERED that Defendant's Motion is granted. 

This action is transferred to the United States District Court for the Middle District 

of Pennsylvania (Harrisburg Division). 

_________________________________

Lowell A. Reed, Jr.

United States District Judge

Case 2:02-cv-04389-TJS Document 6 Filed 08/05/2002 Page 5 of 5