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 & :

RESORTS COMPANY, :

:

Defendant :

AFFIDAVIT OF EDNA JENKINS IN SUPPORT OF 

DEFENDANT'S MOTION TO TRANSFER

Edna Jenkins, pursuant to 28 U.S.C. §1746 relating to unsworn declarations 

under penalty of perjury, states:

1. I am the Trademarks/Litigation Administrator for Hershey Entertainment 

and Resorts Company ("HE&R") and as such am authorized to make this affidavit on its 

behalf and in support of its Motion to Transfer this action.

2. HE&R is a Pennsylvania Corporation with headquarters and principal 

place of business 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.

4. HE&R maintains its headquarters in Hershey, Dauphin County, 

Pennsylvania.

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

an 'Nsync concert at HERSHEYPARK Stadium on May 28, 2001.

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6. At this time, HE&R has identified John Tshudy, Allen Kintzer, Mona 

Hamilton, and Timothy Shellenberger as potential liability witnesses.

7. All of these potential witnesses live and work in the Hershey/Harrisburg 

area.

8. John Tshudy, HE&R's Director of Buildings & Grounds Maintenance, lives 

at 884 Palmyra Bellgrove Road, Annville, PA 17003.

9. Mona Hamilton, a Registered Nurse from the HERSHEYPARK First Aid 

staff, who assisted Plaintiffs at the time of the accident, lives at 515 Randall Circle 

Hummelstown, PA 17036.

10. Allen Kintzer, an EMT from the HERSHEYPARK First Aid staff, who 

assisted Plaintiffs at the time of the accident, lives at 604 East Lincoln Avenue, 

Myerstown, PA 17067.

11. Timothy Shellenberger, Director of Safety & Security for HERSHEYPARK, 

who lives at 716 Bachmanville Road, Hershey, PA 17033.

12. All of HE&R's witnesses and documents concerning the alleged accident 

are located within the Middle District, as is the actual site of the alleged accident.

13. Although the complaint does not mention the address of Plaintiffs, based 

on prior representations I believe that Plaintiffs reside at 718 Kimball Avenue, Yonkers, 

New York 10704.

14. Documents received from Plaintiffs to date indicate that none of Plaintiffs' 

witnesses, including her doctors, are located within the Eastern District. Rather, these 

documents indicate the following names and addresses of treating physicians:

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a) John Schirripa, M.D., treating physician, 750 Kimball Avenue, Yonkers, 

New York, 10704; and

b) Southern Westchester Orthopedics & Sports Medicine Assoc., P.C., 

treating physician, 970 N. Broadway, Suite 204, Yonkers, New York 

10701.

I state under penalty of perjury that the foregoing is true and correct. Executed 

on July 26, 2002.

____________________________________

Edna Jenkins

Case 2:02-cv-04389-TJS Document 6-3 Filed 08/05/2002 Page 3 of 3