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HomeMy WebLinkAbout07-0472RICHARD F. MAFFETT, JR., ESQUIRE Attorney I . D. #35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiff ..................................................................................................... JUDITH L. CUPP and HARRY CIIPP, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v NO. WEIS MARKETS, INC., 'CIVIL ACTION - LAW Defendant ;JURY TRIAL DEMANDED ................................................................................................. 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 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON'T 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 .....................................................1 JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA NO. 417;L V WEIS MARKETS, INC., :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ..................................................................................................... COMPLAINT 200A, comes the AND NOW, this day of Je,-,\v f Plaintiffs, JUDITH L. CUPP and HARRY CUPP, by their attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: COUNT 1: 1. Plaintiff, Judith L. Cupp, is an adult individual residing at 5124 Ravenwood Road, Mechanicsburg, Cumberland County, PA 17055. 2. Plaintiff, Harry Cupp, is also an adult individual who resides at 5124 Ravenwood Road, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant, Weis Markets, Inc., is a Pennsylvania Corporation with a registered office at 1000 South Second Street, Sunbury, PA 17801. 2 4. Defendant operates a grocery store located at 5140 Simpson Ferry Road, Mechanicsburg, Cumberland County, PA. 5. On August 27, 2005, at about 3:00 p.m., Plaintiff Judith L. Cupp was shopping in Defendant's grocery store located at 5140 Simpson Ferry Road, Mechanicsburg, Cumberland County, PA. 6. At that time and place, a pyramid display of mayonnaise jars collapsed and a one-quart jar of mayonnaise struck Plaintiff Judith L. Cupp on the left lower leg, causing her to sustain severe and permanent injuries. 7. As a direct and proximate result of being struck by the aforesaid falling mayonnaise jar, Plaintiff Judith L. Cupp sustained the following injuries: (a) Laceration and skin tear to her left lower leg; (b) Eurythema of the left leg; (c) Cellulitis of the left leg; (d) Necrotic tissue in left lower leg; (e) Chronic non-healing ulcer of the left lower leg; and, (f) Severe and permanent scarring and disfigurement to her left lower leg. 3 8. On or about August 27, 2005, Defendant was responsible for the condition of the premises of the aforesaid commercial grocery store located at 5140 Simpson Ferry Road, Mechanicsburg, PA, including but not limited to safety and maintenance. 9. Defendant, as the commercial business owner, owed a duty of care to Plaintiff Judith L. Cupp, a business invitee utilizing the premises for their intended purposes, to maintain the premises in such a way as not to cause harm or damages to said other persons and to Plaintiff in particular. 10. The aforesaid injuries and damages to Plaintiff Judith L. Cupp were caused as a direct result of the Defendant breaching their duty of care; and, by the wanton, careless, reckless, and negligent actions of Defendant, which consist of, but are not limited to, the following: (a) failing to provide a safe walkway for Plaintiff; (b) failing to take proper measures for the elimination or correction of the hazardous condition involving the pyramid of, mayonnaise jars; (c) failing to provide warning signs, barricades, 4 highlighting, or other warning or notice regarding the pyramid of mayonnaise jars to persons using the premises, despite the fact Defendant knew, or should have known, said display presented an unobservable and hidden danger; and, (d) failing to exercise the reasonable care that a business owner owes to a business invitee utilizing the premises for their intended purpose. 11. As a result of the injuries she received caused by the aforesaid fall, Plaintiff Judith L. Cupp has in the past, and will incur in the future, reasonable and necessary medical and rehabilitative costs and expenses for treatment of her aforesaid injuries. 12. As a further result of injuries she received from being struck by the aforesaid mayonnaise jar, Plaintiff Judith L. Cupp has suffered permanent diminution of her ability to enjoy life and life's pleasures. 13. As a result of the injuries she received caused by the aforesaid falling mayonnaise jar, Plaintiff Judith L. Cupp has undergone in the past, is undergoing in the present, and will undergo in the future, great pain and suffering. 5 14. Because of her injuries caused by the aforesaid falling mayonnaise jar, Plaintiff has suffered severe and permanent scarring to her left lower leg. 15. As a direct and proximate result of the aforesaid fall, Plaintiff Judith L. Cupp has incurred other financial expenses and/or losses. WHEREFORE, Plaintiff JUDITH L. CUPP demands judgment against Defendant in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration, together with interest, delay damages, and costs of suit. cODNT 2: 16. Plaintiffs incorporate by reference the averments of Paragraphs 1 through 15 above as fully as though herein set forth at length. 17. Plaintiffs Judith L. Cupp and Harry Cupp are husband and wi f e. 6 18. As a result of Defendant's negligence as set forth above, resulting in injuries to Plaintiff Judith L. Cupp as detailed above, Plaintiff Harry Cupp has been deprived of the consortium, assistance and society of his wife, Judith L. Cupp, all of which has been to his great damage and loss. WHEREFORE, Plaintiff HARRY CUPP demands judgment against Defendant in an amount in excess of Thirty-Five Thousand ($35,000.00) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Richard F. Maff J Esq. 7 VERIFICATION I, HARRY CUPP, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S?A. §4904. Dated: I'll ?? y C, PP, P intiff VERIFICATION I, JUDITH L. CUPP, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: H L. CUPP, Pla iff ? tq c"? r" c W 93 ?n F71 i? 1? 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP PENNSYLVANIA Plaintiffs vs. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-472 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant, Weis Markets, Inc., in the above captioned case. MARSHALL DENNEHEY WARNER COLEM OGGIN By: Chris op er M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 21, 2007 ° C? £? ? ? '^?, ° •"? ?: r ? 1 C? -?3 v Y ? ?.: V' ?,,? i ?? ? j ? ? ? %? i.. ? ?3C,y?)? l_ ? . r , MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No.: 07-472 VS. WEIS MARKETS, INC. JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney or Plaintiff You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEmm &G?OGGIN By: S / Christopher M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 21, 2007 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP PENNSYLVANIA Plaintiffs VS. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-472 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER COUNTI 1. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the averment in Paragraph 1. Proof thereof is demanded at trial. 2. Denied. Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the averment in Paragraph 2. Proof thereof is demanded at trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied pursuant to Pa.R.C.P. 1029(e). 7. a-f. Denied pursuant to Pa.R.C.P. 1029(e). 8. The averment in this Paragraph is a legal conclusion to which no responsive pleading is required. r -N 9. The averment in this Paragraph is a legal conclusion to which no responsive pleading is required. To the extent that Plaintiffs' Complaint attempts to set forth the standard of care owed by a business owner to a business invitee, the standard is incorrectly set forth in Plaintiffs' Complaint and therefore, the averment in Paragraph 9 is denied. 10. a-d. The averments in Paragraph 10 and subparagraphs 10 a-d are conclusions of law to which no responsive pleading is required. To the extent that the averments in Paragraph 10 and subparagraphs 10 a-d are deemed to be factual, those averments are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). 13. Denied pursuant to Pa.R.C.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered in its favor. COUNT II 16. No responsive pleading required. 17. Denied pursuant to Pa.R.C.P. 1029(e). 18. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant requests judgment be entered in its favor. NEW MATTER 19. Plaintiffs' claims are barred or limited by the Pennsylvania Comparative Negligence Act, 42 PA.C.S. §7102. 20. Plaintiffs' claims are barred by Plaintiffs' voluntary assumption of the risk. 21. Defendant owed no duty to protect Plaintiffs from open and obvious conditions. r .r0 22. Upon information and belief, Plaintiff Judith L. Cupp suffered from pre-existing conditions which may be the cause of any of his/her present complaints. 23. In the event that there was a dangerous condition on the property owned and controlled by Defendant, which is specifically denied, Plaintiffs' claim is barred because the condition was open and obvious and therefore, Plaintiffs were on notice of said condition. 24. Plaintiffs' claims or any amendment to those claims may be barred by the applicable statute of limitations. WHEREFORE, Defendant requests judgment be entered in its favor. MARSHALL DENNEHEY WARNER COLE?1 & OGGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73672 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: February 21, 2007 e "+ VERIFICATION I, Bart Shaffer, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing -document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. ( ., "'?- 4?' k--, BART SHAFFER, Risk Manager Weis Markets C'> "" C ° ? : ?''' ?' . "Tt __ czr ms's ? 4' :?? ? .. ? ? A?? (.«. ? -{ MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No.: 07-472 VS. WEIS MARKETS, INC. JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on February 21, 2007, I served a copy of Defendant's Entry of Appearance and Answer to Plaintiffs' Complaint with New Matter via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney or Plaintiff Christopher M. Reeser r-? ? o ?- ---k -°'? ? -n ^ ? - { ': r'`. -_ : ?Cr ' .?= ,-+-, . ; rt?u tJ. ?? ? ? - ?- ?? N MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP Plaintiffs VS. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No.: 07-472 JURY TRIAL DEMANDED NOTICE OF SERVING DISCOVERY TO THE PROTHONOTARY: Please take notice that Defendant, Weis Markets, Inc. served Interrogatories, Consortium Interrogatories, Expert Interrogatories and Request for Production of Documents addressed to Plaintiffs, Judith L. Cupp and Harry Cupp, pursuant to the Pennsylvania Rules of Civil Procedure, by mail, postage prepaid, on the 'day of March, 2007. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: ChrNstopher M. Reeser, Esquire I.D. No. 73632 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3509 Attorneys for the Defendant w T- CERTIFICATE OF SERVICE I, Kim Sakosky, Paralegal, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on March 23, 2007, I served a copy of Defendant's Notice of Serving Discovery via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney or Plaintiff r3 ,- tv 7 L L CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGIML PURSUANT TO RULE 4009.22 IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-472 WEIS MARKETS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 R1.33 133-H S .o b alf&W, ?* - - Attorne y for DEFENDANT DE11-0688166 64611-LO1 ,r - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO SERVE,& SUBPOWA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOV=Y PURSUANT TO RULB 4009.21 HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL LOWER ALLEN TOWNSHIP EMS JOHN P. STRATIS, M.D. MEDICAL RECORDS BILLING ONLY X-RAY ONLY EMS RECORDS MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/27/2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361723 64611-COl ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP File No. 07-472 vs. WEIS MARKETS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street. Suite 800_ Philadelphia, PA 19103 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: CHRISTOPHER REESER, ESQ. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG_ PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 17 2007 Date: 7 Seal of the Court BY T COURT: Prothonotar) Gl , Civ Division Deputy 64611-01 • 1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL MEDICAL RECORDS 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: 185-22-0423 Date of Birth: 03-06-1929 R1.31S 133-H SU10-0682720 64611-LO1 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA ORIGINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUDITH L. & HARRY CUPP TERM, CUMBERLAND -VS- WEIS MARKETS, INC. CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 SW f L EE SE1?, ' L Q Attorney for DEFENDANT R1.33 133-H DE11-0688167 64611-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 117 THE ITZ=ER OF: JUDITH L. & HARRY CUPP -VS- EI? F";ri-KETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 'OTICE OF -1147FPTT TO SERVE A SUBPOENA TO FRODUOI DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 11OLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPITAL BILLING ONLY HOLY SPIRIT HOSPITAL X-RAY ONLY LOWER ALLEN TOWNSHIP EMS EMS RECORDS JOHN P. STRATIS, M.D. MEDICAL, BILLIN3, AND X-RAY(S) TO: RICHARD F. MAFFE-T, E-:1'Q., PLAINTIFF COUTgSEL MCS on behalf of CHRISTOPHER :7cEESER, ESQ. _ intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is Tade, then the subpo=na may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to I;CS or by contacting our local MCS office. DATE: 04/37/2007 CC: CHRISTOPHER REESER, ESQ. - 10200-00313 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361723 64611-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP vs. WEIS MARKETS, INC. File No. 07-472 SUBPOENA TO PRODUCE DOCUMENTS QR THINGS FOR DISCOVERY PURSUANT TO RUBE 4W.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.- 1601 Market Street Suite 800, Philadelphia, PA 19103 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: CHRISTOPHER REESER. ESO. ADDRESS: 4200 CRUMS MILL ROAD -SUITE B HARRISBURG- PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Prot onotary/ iv' ivision MAY 17 2007 _ Qo Deputy Date: Azw Seal of the Court 64611-02 S EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMPHILL, PA 17011 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHMICSBURG, PA 17055 Social Security #: 185-22-0423 Date of Birth: 03-06-1929 R1.31S 133-H SU10-0682722 64611-LO2 .t CERTIFICATE ORIGIN4 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUDITH L. & HARRY CUPP TERM, CUMBERLAND -VS- CASE NO: 07-472 WEIS MARKETS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 S on be alf of z Attorney for DEFENDANT R1.33 133-H DE11-0688168 64611-L03 COMMONWEALTH OF PENNSY '.,'v : NIA COUNTY OF CUMBERLAND N T':iE :MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 ?tiuTICE OF INTENT TO SERVE A SUHP 2:A 19 PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO ROLE 4009.21 ?-HOLY SPIRIT HOSPITAL MEDIC _L R-7--C DS HOLY SPIRIT HOSPITAL BILLING CZ:L,Y HOLY SPIRIT HOSPITAL X-RAY ONLY LOWER ALLEN TOWNSHIP EMS EMS RECOr.- ' JOHN P. STRATIS, M.D. MEDICAL, ^1LLING, AND X-RAY(S) TO: RICHARD F. MAFFE?T, ESQ., PLAINTIFF C-lU:=L MCS on behalf of CHRI;?TCPHER REESER, SQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be or-dezed at your expense by completing the attached counsel card and returning E--me to MCS or'Ly contacting our local MCS office. DATE: 04/27/2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact MCS on behalf of _CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361723 64611-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP vs. WEIS MARKETS, INC. File No. 07-472 SUBF0,Y&A TO PRODUCE DOCUMF?TS OR T. INGS FOR DISCOVERY PURSUANT TO RULE-4009.22 TO: Custodian of Records for HOLY SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street Suite 800, Philadelphia, PA 1$103 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: CHRISTOPHER REESER. ESQ. ADDRESS: 4200 CRUMS MILL. ROAD SUITE B HARRISBURG PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THEOURT: Pr . onotaryl r i ' Division MAY 17 2007 Deputy - ?, 15 Date: Qo7 Seal of the Court 64611-03 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL RADIOLOGY DEPT. 503 N. 21ST STREET CAMP HILL, PA 17011 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S, CT SCANS AND OTHER DIAGNOSTIC TESTING PERFORMED Any and all x-ray films and reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: 185-22-0423 Date of Birth: 03-06-1929 R1.31S 133-H SU10-0682724 64611-LO3 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. ?AIG/NA! COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 U&h? 69 JSQ. Attorney for DEFENDANT R1.33 133-H DE11-0688169 64611-L04 COMMONWEALTH OF PENNSYLVAITIA COUNTY OF CUMDERLA.ND IN 7JE NLTTER OF. JUDITH L. & HARRY CUPP -VS- ih7IS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT To SZRVX a 4 F3P0ENA? TO PROVUCE DOCUMENTS AND THINGS FOR, VISCOVERY PURS!LANT TO RULB 4009.21 HOLY SPIRIT HOSPTT'1L i';EDICPL RECORDS HOLY SPIRIT HOSPITAL BILLING GNLY HOLY SPIRIT HOSPITAL X-RAY ONLY LOWER ALLEN TOWNSHIP EMS ENS aFCORDS JOHN P. STRATIS, M.D. MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD F. MAFFETT, ESQ., _ ,tiINTIFF C?LiivSEL MCS on behalf of CHRISTOPHE "cESEP., E^.?. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the oubpoena. if the twenty day notice period is waived or if no objection is ma,'_-, thee. tk_ subpoena may be served. Complete copies of any reproduced recc,-'s may be ordered at your expense by completing the attached counsel card and return: .g s=rya to r,CS or by contacting our local MCS office. DATE: 04/27%2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00213 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361723 64611-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP vs. WEIS MARKETS, INC. File No. 07472 SUBPOENA TO PRODUCE DOCUMENTS THINGS FOR DISCOVERY PURSUANT TO RULIE 4009.22 TO: Custodian of Records for LOWER ALLEN TOWNSHIP EMS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER, **** at The MCS Group, Inc.. 1601 Market Street, Suite 800_ Philadelphia- PA 19103 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: CHRISTOPHE ADDRESS: 4200 CRUMS 1 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant MAY 17 -W BY THE OURT: Prot onotary/ ivi ivision Q Deputy Date: C 7 T lw7 Seal of the Court 64611-04 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: LOWER ALLEN TOWNSHIP EMS 1993 HUMMEL AVE. CAMP HILL. PA 17011 RE : 6461.1 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. ANY & ALL RECORDS Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-0423 Date of Birth: 03-06-1929 R1.31S 133-H SU10-0682726 64611-LO4 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA is GINAL PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. TERM, CUMBERLAND CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 05/17/2007 on be if f E R ? 1 Attorney for DEFENDANT R1.33 133-H DE11-0688170 64611-L05 COMM014WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 'N --"E I1IATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO 4ERY$ A SUHPOXM TO PRQDIICS DOCUMENTS AND THINGS FOR DISCO'VBRY PURSIIANT TO RULZ 4009.21 HOLY SPIRIT HOSPITAL MEDICAL RECORDS HOLY SPIRIT HOSPIT-;?,L BILLING ONTY HOLY SPIRIT HOSPITAL X-RAY ONLY LOWER ALLEN TOWNSHIP EMS EMS RECORDS JOHN P. STRATIS, M.D. MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD F. MAFFETT, ESQ., P1:7?INTIFF CO'.JNSEL MCS on behalf of CHRISTOPHER REEL?ER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is mad-, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and zeza-ning same to MCS or by contacting our local MCS office. DATE: 04/27/2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact rICS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.31S 133-H DE02-0361723 64611-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP VS. WEIS MARKETS, INC. File No. 07-472 SUBPOENA TO PRODUCE DOCUMENTS QR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for JOHN P STRATIS M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group, Inc.. 1601 Market Street Suite 800, Philadelphia. PA 19103 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: CHRISTOPHER -REESER, ESO. ADDRESS: 4200 CRUMS MILL ROAD SUITE B HARRISBURG. PA 17110 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY T COURT: Prot onotary/ , ivi ivision MAY 17 X01 A t1.02 19 2 ? Deputy Date: Q Seal of the Court 64611-05 s ? EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: JOHN P. STRATIS, M.D. 2025 TECHNOLOGY PARKWAY SUITE 309 MECHANICSBURG, PA 17050 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRI'S, CT SCANS OR OTHER DIAGNOSTIC TESTING PERFORMED Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-0423 Date of Birth: 03-06-1929 R1.31S 133-H SU10-0682728 64611-LO5 (",? ?? C3 - _ -?; _?? _--i _?:; ---? ,?- ?.,J { ; -' f ?) _ ?? ^, _ . y ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00472 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUPP JUDITH L ET AL VS WEIS MARKETS INC 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 DEFENDANT to wit: WEIS MARKETS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 12th , 2007 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Northumberland 150.00 Sheriff of Cumberland County Postage 1.50_ 5 0i 188.50 ?a16' 02/12/2007 RICHARD MAFFETT JR Sworn and subscribe to before me this day of A. D. r - In The Court of Common Pleas of Cumberland County, Pennsylvania Judith L. Cupp et al VS. ' Weis Markets Inc No. 07-472 civil Now, January 24, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sworn and subscribed before me this day of , 20 Sheriff of COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA PLAINTIFF: CUPP, JUDITH L. P: .VS: DF,FENDANT: WEIS MARKETS, INC., D: 1000 S. SECOND ST. D: SUNBURY PA 17801 D: CASE #: 07 CV 0472 CTY FILED: CUMBERLAND FILE DATE: 07/01/23 DATE RECEIVED: 07/01/25 ASSIGNED TO: 1 DEF LAW FIRM: CUMBERLAND EXPIRES: 07/02/22 D: SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: WEIS MARKETS, INC. BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: NOTICE AND COMPLAINT PERSON SERVED: DAVE PIERCE DATE SERVED: 2007/01/30 CAPACITY: PARALEGAL TIME: 10:00 HRS PLACE SERVED: 1000 S. 2ND ST. SUNBURY PA 17801 COUNTY OF NORTHUMBERLAND AND STATE OF PENNA,, MAKING KNOWN UNTO : HIM THE CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY: YODER, CHRISTOPHER BY: /? I HEREBY CERTIFY AND RETURN THAT I SERVED: BY HANDING A TRUE AND ATTESTED COPY OF THE WITHIN: PERSON SERVED: DATE SERVED: CAPACITY : TIME: PLACE SERVED: COUNTY OF NORTHUMBERLAND AND STATE OF PENNA., MAKING KNOWN UNTO CONTENTS THEREOF. SO ANSWERS: CHAD A. REINER, SHERIFF BY DEPUTY: BY: SHERIFF'S COSTS: $ 34.25 REC #: 28984 NO. OF ATTEMPTS: 1 Sworn to and subscribed before me this / 5T day of?7zp DOCKET PAGE #: 07 CV 0067 A.® 2001 &Z&.b PROTHONOTARY My Conm. Exp. 1 s§ Mon. Jan. 2008 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JUDITH L. & HARRY CUPP INAL COURT OF COMMON PLEAS TERM, CUMBERLAND -VS- WEIS MARKETS, INC. CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/30/2007 I S ,o be kal I O (®R, ES H Attorney for DEFENDANT R1.35 133-H DE11-0701456 64611-L06 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 PINNACLE HLTH WOUND HYPERBARIC MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 07/10/2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.35S 133-H DE02-0367948 64611-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP vs. WEIS MARKETS, INC. File No. 07-472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PINNACLE HLTH WOUND HYPERBARTC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: _ **** SEE ATTACHED RIDER **** at The MCS ('Troup. Inc.. 1601 Market Street Suite 800 Philadelphia. PA 19103 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: CHRISTOPHER REESER, ES ADDRESS: 4200 CRUMS MTT.T. R(AT) TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: JUL' 3 0 2007 Date: JU-bj 3 A007 Seal of the Court P thonotary/Clerk, ivision Deputy 64611-06 J EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HLTH WOUND HYPERBARIC 2025 TECHNOLOGY PKKWY. STE G07 MECHANICSBURG, PA 17050 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIS AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVENWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-0423 Date of Birth: 03-06-1929 R1.35S 133-H SU10-0694194 64611-LO6 INN., CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. ORIGINAL COURT OF COMMON PLEAS TERM, CUMBERLAND CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/10/2007 op behalf 40 CHRIST HER ESER, ESQ Attorney for DEFENDANT R1.41 133-H DE11-0709770 64611-LO7 • 110 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 ALLAN B. GROSSMAN, D.P.M. MEDICAL, BILLING, AND X-RAY(S) TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is 'attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 08/21/2007 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.41S 133-H DE02-0371996 64611-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP File No. 07-472 VS. WEIS MARKETS, INC. TO: Custodian of Records for ALLAN B. GROSSMAN, D.P.M. (Name of Person or Entity) Within twenty (20) days aft service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun_ nc__ 1601 Market Street, Suite 900 P_ ilti 1&W hi - PA 19103 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: ADDRESS: TELEPHONE: , (215) 2464)900 SUPREME COURT ID #: ATTORNEY FOR: Defendant SEP 1 0 2007 Date: 8 /a 107 Seal of the Court BY THE COURT: I ? ?M? thonotary/Clerk, Ci vision Deputy 64611-07 EXPLANATION OF REQUIRED RECORDS 16 % TO: CUSTODIAN OF RECORDS FOR: ALLAN B. GROSSMAN, D.P.M. HARRISBURG FOOT & ANKLE 2200 DOVER ROAD HARRISBURG, PA 17112 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. INCLUDING MRIs AND CT SCANS Entire medical, billing, and diagnostic file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physicians, files, memoranda, handwritten notes, history and physical reports, medication/prescription records, medical billing and payment records, x-ray films and tests with subsequent reports, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVBNWOOD ROAD, MECHANICSBURG, PA 17055 Social Security #: XXX-XX-0423 Date of Birth: 03-06-1929 R1.41S 133-H SU10-0701214 64611-LO7 AV ? = W t -+ , - ti AIC 11 - CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA Pt, PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUDITH L. & HARRY CUPP TERM, CUMBERLAND -vs- CASE NO: 07-472 WEIS MARKETS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2008 R1.61 118-H CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT DE11-0752494 64611-LO8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2008 CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact R1.61 116-H MCS on behalf of CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0392613 64611-COI >>> LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED 4 ALLAN B. GROSSMAN, D.P.M. PINNACLE HLTH WOUND HYPERBARIC R1.61 116-H BILL1ivG ONLY BILLING ONLY DE02-0392613 64611-CO1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP VS. WEIS MARKETS, INC. File No. 07472 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for ALLAN B. GROSSMAN. D.P.M. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Groun, Inc., 1601 Market Street, Suite 800_ PhiladejpWa, PA 19103 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: CHRISTOPHER REESER, E ADDRESS: 4200 CRUMS MILL ROAD TELEPHONE: 01246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: j? of Y Seal of the Court S A-61 - ivision 1,.! onotary//Clllerk,Civil Deplut/ 64611-08 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: ALLAN B. GROSSMAN, D.P.M. HARRISBURG FOOT & ANKLE 2200 DOVER ROAD HARRISBURG. PA 17112 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVBNWOOD ROAD, MBCHMICSBURG, PA 17055 Social Security #: E%3-XX-0423 Date of Birth: 03-06-1929 R1.50S 116-H SU10-073214e 64611-LO8 CERTIFICATE IN THE MATTER OF: PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 ®R/G, N& COURT OF COMMON PLEAS JUDITH L. & HARRY CUPP TERM, CUMBERLAND WEIS MARKETS, INC. -VS- CASE NO: 07-472 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CHRISTOPHER REESER, ESQ. certifies that (1) A notice of intent to serve the subpoena. with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 05/20/2008 R1.61 118-H CHRISTOPHER REESER, ESQ. Attorney for DEFENDANT DE11-075249s 64611-LO9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: JUDITH L. & HARRY CUPP -VS- WEIS MARKETS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 07-472 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations TO: RICHARD F. MAFFETT, ESQ., PLAINTIFF COUNSEL MCS on behalf of CHRISTOPHER REESER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 04/30/2008 MCS on behalf of CHRISTOPHER-REESER; ESQ.- Attorney for DEFENDANT CC: CHRISTOPHER REESER, ESQ. - 16200-00313 Any questions regarding this matter, contact R1.61 116-H THE MCS GROUP INC. 1601 MARKET-STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-0392613 64611-CO1 » > LOCATION LIST <<< PAGE: 1 LOCATION NAME RECORDS REQUESTED ALLAN B. GROSSMAN, D.P.M. BILLING ONLY PINNACLE HLTH WOUND HYPERBARIC BILLING ONLY R1.61 116-x DE02-0392613 64611-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUDITH L. & HARRY CUPP VS. WEIS MARKETS, INC. File No. 07A72 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for-_ PINNA T TH WOUND B )'P>~ RTC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the followin documents or things: ****SEE ATTA H D inER **** g at -- The M Group Inr 1601 M rk + 4nitP 800 Philadelphia PA 19103 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: CHRISTOPHER REESER ES ADDRESS: 4200 CRT TMC MTT T D!1 A Tl TELEPHONE: _(215) 246-000 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY THE COURT: Date: OD t S ?_ Prothonotary/Clerk, YDivision tki Depityl-yrdf Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PINNACLE HLTH WOUND HYPERBARIC 2025 TECHNOLOGY PKKWY. STE G07 MECHANICSBURG, PA 17050 RE: 64611 JUDITH L. CUPP Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Any and all billing, insurance claims, payments, outstanding and/or delinquent invoices, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care or treatment pertaining to: Dates Requested: up to and including the present. Subject : JUDITH L. CUPP 5124 RAVMMOD ROAD, MBCHANICSBURp, PA 17055 Social Security $: XXX-XX-0423 Date of Birth: 03-06-1929 R1.505 116-H SU10-0732150 64611-LO9 CD nJ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JUDITH L. CUPP and HARRY CUPP, (Plaintiff) VS. WEIS MARKETS, INC. (Defendant) Vs. (check one) © Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 08/19/2008 and Trials commence on 0 9/ 15 / 2 0 0 8 Pretrials willbe held on 08/27/2008 (Briefs are due 5 days before pretrials No. 07-472 , Civil Term Indicate the attorney who will try case for the party who files this praecipe: Richard F. Maffett, Jr., Esquire 2201 North Second Street, Harrisburg, PA 17110 (717.-233-4160) Indicate trial counsel for other parties if known: Christopher M. Reeser, Esquire 4200 Crums Mill Road, SuiteB, Harrisburg, PA 17112 d' _ This case is ready for trial. Signed: A:?A Print Name: Richard F. Maffett, Jr. Date: b- 0? Attorney for: Plaintiffs _ L n ,M CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: ZSIU? A-I U I ?Ia ) - Richard F. Maff t, J Esq. rv cT 7 -T, fir- Cn r r4 Cn- yC , Jt7t g N ? ? GJ ±? ? RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiff ....................................................................................................... JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY,PENNSYLVANIA V NO. 07-472 WEIS MARKETS, INC., 'CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ......................................................................................................: PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER AND NOW, this /fit, day of 2008, comes the Plaintiffs, JUDITH L. CUPP and HARRY CUPP, by their attorney, Richard F. Maffett, Jr., Esquire; and, in response to Defendant's New Matter, respectfully represent the following: 19. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is denied that Plaintiffs' claims are barred or limited in any way by the Pennsylvania Comparative Negligence Act. 20. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied Plaintiffs voluntary assumed any risk. There was no open or obvious risk; and, no danger was apparent to Plaintiff before she was injured. L 21. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer it is denied that any open and obvious hazardous condition existed. Moreover, Defendant owed the highest duty of care to Plaintiff as a business invitee. 22. Admitted in part, denied in part. Plaintiff Judith L. Cupp did suffer from pre-existing conditions. However, her pre- existing conditions were not the cause of her physical injury and complaints, which was caused solely by Defendant's negligence. 23. Admitted in part, denied in part. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further answer, it is admitted there was a dangerous condition on the property owned and controlled by Defendant which caused Plaintiffs' injury. It is denied that the dangerous condition was open and obvious to Plaintiff, that she was on notice of said condition, and/or that Plaintiffs' claims are barred. As a business invitee, Plaintiff was owed the highest duty of care. 24. Denied. This Paragraph is a conclusion of law to which no responsive pleading is required. By way of further anser, it 2 is denied that any applicable statute of limitations is any bar to recovery by Plaintiffs in this action. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant, dismissing Defendant's New Matter with prejudice, and denying all relief requested therein. Respectfully submitted, Richard F. Maff t, r., Esq. 3 V .....................................................................................................? JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-472 WEIS MARKETS, INC., :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ......................................................................................................: VERIFICATION I, RICHARD F. MAFFETT, JR., have read the foregoing Plaintiffs' Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 9/13 id, Z /0 Richard F. Maffet Jr 4/, Esq. CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Reply To Defendant's New Matter upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: ply/ ?? Richard F. Maffe , ., Esq. n c?_ o -ri <.. - r ; ? ii') i ?'I ? _. u -., i. ? '? ,. ? L?? .a.a - ' r ? i i i ? ? ? ^G RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorneys for Plaintiff ....................................................................................................... JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY,PENNSYLVANIA V NO. 07-472 WEIS MARKETS, INC., :CIVIL ACTION - LAW Defendant :JURY TRIAL DEMANDED ......................................................................................................: PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verifications to Plaintiffs' Reply to Defendant's New Matter which was filed of record in the above-captioned matter on August 14, 2008. J"I -A--4 ? 6?yj?/, Richard F. Maff , J :J., Esq. VERIFICATION I, HARRY CUPP, have read the foregoing Plaintiffs' Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. 6494_ Dated: 8/18/08 VERIFICATION I, JUDITH L. CUPP, have read the foregoing Plaintiffs' Reply To New Matter Of Defendant and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: 8/18/08 JUD TH L. CUPP, Plainti f A-X CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Praecipe To Substitute Verification upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 , Dated: U 12-1 ld? A-A Richard F. Maff Esq. (`) ? cwa - ; rt r=- -c, Uri rv 71 i #10 JUDITH L. CUPP and IN THE COURT OF COMMON PLEAS OF HARRY CUPP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW WEIS MARKETS, Defendant 07-472 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 27th day of August, 2008, a pretrial conference was held before Edgar B. Bayley, Judge, present for the Plaintiffs was Richard F. Maffett, Jr., Esquire, and for the Defendant is Christopher M. Reeser, Esquire. Judith L. Cupp was shopping in a Weis Market on August 7, 2005. She maintains that she walked past a free-standing display of one-quart mayonnaise jars. The display had been constructed earlier that day by Defendant's employees. Plaintiff maintains that she wasn't shopping for mayonnaise and that, as she was walking by, the display fell on her. One of the jars struck her in the lower left shin, causing an approximate one and a half inch wound that took two years to heal. Defendant denies negligence. Defendant wants to reconstruct the display of mayonnaise jars for the jury. Plaintiff maintains that it will not be able to lay a sufficient foundation that such a reconstruction will depict the mayonnaise jar display as it was in the store. Defendant will have to lay sufficient foundation in order to present this type of evidence to the jury. The parties will come to an agreement as to the amount of medical expenses that can be recovered if a verdict is entered in favor of Plaintiffs, otherwise, Plaintiffs seek general damages. Plaintiffs will seek a charge on res ipsa loquitur. The Defendant maintains that the doctrine is not applicable to the 1 facts of this case. Both sides will submit a brief to the trial judge at the commencement of trial on this issue. Both sides shall also at the commencement of trial submit proposed points for charge to the judge. After the evidence is closed, these points can be altered, amended, or added to. Estimated time of trial is one and a half to two days. Plaintiffs' counsel, Mr. Maffett, is also counsel for Plaintiff on case No. 11, Gebhart versus Nace, which should not last more than one day. The within case should be the first case called, with the Gebhart case being second. By the C Eagar B. Bayley, Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 For the Plaintiffs Christopher M. Reeser, Esquire 4200 Crums Mill Road, Ste B Harrisburg, PA 17112 For the Defendant Court Admin Prothonotary pcb l RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiffs ....................................................................................................... JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY,PENNSYLVANIA v NO. 07-472 WEIS MARKETS, INC., Defendant :CIVIL ACTION - LAW :JURY TRIAL DEMANDED ......................................................................................................: PLAINTIFFS' MOTION FOR CONTINUANCE OF TRIAL AND NOW, this 10th day of September, 2008, comes the Plaintiffs, JUDITH L. CUPP and HARRY CUPP, by their attorney, Richard F. Maffett, Jr., Esquire; and, respectfully submits the following: 1. On August 27, 2005, at about 3:00 p.m., Plaintiff JUDITH CUPP was seriously injured in the Weis Market Store at 5140 Simpson Ferry Road, Mechanicsburg, Cumberland County, PA, when multiple jars of Mayonnaise fell from a free standing display and she was struck on her left lower leg. 2. Later on August 27, 2005, Plaintiffs' daughter, Sheree Mann, went to the Weis Market Store and took two (2) photographs of the Mayonnaise display with her cellular phone. 3. Before the photographs could be reproduced, printed, or removed from the phone, the cell phone was misplaced and became lost. 4. Plaintiffs filed their Complaint on January 23, 2007. 5. The parties conducted and completed discovery, including Interrogatories, Requests For Production of Documents, and depositions of eleven (11) witnesses. 6. All of the aforesaid discovery was done without benefit of review of the aforesaid photographs of the mayonnaise display, which remained lost. 7. On July 25, 2008, Plaintiffs listed this matter for jury trial with the concurrence of Defendant. 8. Call of the trial list was held on August 19, 2008, with both parties ready for trial. 9. The pre-trial conference was held on August 27, 2008 with President Judge Edgar B. Bayley, at which time both parties were ready for trial. 10. Trial is currently scheduled for the week of September 15, 2008. 11. The above-captioned case is number 10 on the trial list and is currently the second case on stand-by for jury trial. 12. Over the 2008 Labor Day weekend, Sheree Mann, Plaintiffs' daughter, was cleaning out some boxes in her basement 2 . 1 and discovered the missing cellular phone; and, after obtaining a battery, found the aforesaid photographs within the phone. 13. On Saturday, September 6, 2008, the aforesaid two (2) photographs depicting the mayonnaise display were e-mailed to Plaintiffs' counsel for the first time. 14. Plaintiffs' counsel e-mailed said photographs to counsel for Defendant for the first time on Monday, September 8, 2008. 15. In their present state, the aforesaid photographs depicting the mayonnaise display are grainy and of poor quality; and, to date, Plaintiffs' counsel has been unable to obtain a physical print of the pictures. 16. The aforesaid photographs are the only known visual depictions of the mayonnaise display in existence; and, as such have crucial evidentiary value. 17. Plaintiffs' counsel seeks a continuance of trial in order to obtain expert forensic enhancement of the aforesaid photographs in order to create useable trial exhibits. 18. Plaintiffs' counsel desires to consult with an expert witness regarding construction of the aforesaid mayonnaise display now that he is in possession of photographs depicting the make-up of said display. 19. Both parties desire a continuance of trial to re-depose Plaintiff and the other relevant witnesses concerning their 3 recollection of the mayonnaise display given the benefit of review of the aforesaid photographs depicting said display. 20. Review of the aforesaid photographs may change the parties' ultimate positions regarding settlement, mediation and/or trial of this matter. 21. On September 10, 2008, undersigned counsel spoke by telephone with Christopher M. Reeser, Esquire, attorney for Defendant; and, he stated his concurrence with Plaintiffs' continuance request. 22. There have been no prior requests for continuance of trial in this matter. 23. Continuance of trial in this matter is in the interests of justice and would not prejudice either party. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to grant them a continuance of trial in the above-captioned matter until the November, 2008 term of Civil Court. Respectfully submitted, ,h,-4 U, ?Iz /? - Richard F. Maffetf, ., Esq. 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiffs' Motion For Continuance of Trial upon counsel of record via fax and by First Class U.S. Mail, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Fax: 717.651.9630 /LA Dated: IO A Richard F. Maffet Jr , Esq. C`` rte.'-ya ;-?? f [t 1"i I oel , , . SFp i 2(l? ....................................................................................................... JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY,PENNSYLVANIA V NO. 07-472 WEIS MARKETS, INC., Defendant `:CIVIL ACTION - LAW :JURY TRIAL DEMANDED ...................................................................................... ................: ORDER AND NOW, this jaI7ay of September, 2008, after due consideration of Plaintiffs' Motion For Continuance regarding the jury trial in this matter, and Defendant's concurrence therein, IT IS HEREBY ORDERED AND DECREED that said Motion For Continuance is GRANTED and the above-captioned case is removed from the i1.V_J IJ September, 200 civil trial list e rm. Distribution ourt Administrator ./?Christopher M. Reeser, Esquire ? Richard F. Maffett, Jr., Esquire L E.4 M-i l Lek I. v ,4 Q ?'kX r t , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: U for JURY trial at the next term of civil court. ? for trial without a jury. -----------------------------------------------------------------------------------------------------------• CAPTION OF CASE (entire caption must be stated in full) (check one) JUDITH L. CUPP and HARRY CUPP, VS. (Plaintiff) WEIS MARKETS, INC. VS. (Defendant) Civil Action - Law ? Appeal from arbitration (other) The trial list will be called on 12/30/2008 and Trials commence on 01/26/2009 Pretrials willbe held on 01/07/2009 (Briefs are due S days before pretrWs No. 07-472 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Richard F. Maffett, Jr., Esquire 2201 North Second Street, Harrisburg, PA 17110 (717 233 4160) Indicate trial counsel for other parties if known: Christopher M. Reeser, Esquire 4200 Crums Mill Road, Suite B, Harrislaurq, PA 17112 This case is ready for trial. Date: A /7 b Signed: Print Name: Richard F. Maffett, Jr. Attorney for: Plaintiffs 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: Richard F. Maffe J ., Es q. (-j C;' r.o C=D v ?: C 4 i "+1 t" ?l Fa - a ma'r'" :'._? h ?j -t-. ?-t s ; MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP Plaintiffs vs. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-472 JURY TRIAL DEMANDED MOTION IN LIMINE 1. The incident which is the subject of this lawsuit occurred on August 27, 2005 when plaintiff Judith Cupp was shopping at the Weis Markets located on Simpson Ferry Road, Mechanicsburg. 2. Plaintiff claims that a display of mayonnaise jars fell and one of the jars struck her in the leg, causing her injury. 3. On the day of the incident, plaintiffs daughter, Sherry Mann, went to the Weis Markets where the incident occurred and took photographs of the mayonnaise display with her camera phone. Copies of the photographs were recently produced. 4. Ms. Mann testified at a deposition that she visits the Weis Market store every now and then "just to see what's going on with their displays." (Deposition of Sherry Mann, p 27, attached hereto as Exhibit A). 5. On February 19, 2008, two and a half years after the subject incident, Ms. Mann took two photographs in the Weis Markets store of displays of Kraft Miracle Whip spread and Hellman's Tarter Sauce. The photographs are attached hereto as Exhibit B. 6. The Miracle Whip display shown in the photograph in Exhibit B is not similar to the display that Ms. Mann said that she observed on the day of her mother's incident. The Miracle Whip display is different in that the display that she said she saw on the day of the incident involved stacks of jars with cardboard separators between each row of product. The Miracle Whip in the photograph simply has jars stacked one on another. 7. The display of Miracle Whip which is shown in Exhibit B is a different product altogether from the product that was involved in plaintiffs incident. (Deposition of Sherry Mann, p 28). 8. The Hellman's Tarter Sauce shown in the photograph is also not similar to the Kraft Mayonnaise display which Ms. Mann observed on the day of the incident. (Deposition of Sherry Mann, p. 28-29). 9. The purpose of the photographs was to show general dangerous conditions in the store. (Deposition of Sherry Mann, p. 29). 10. Showing that there are general dangerous conditions in the Weis Markets store which are not similar to the mayonnaise jar display that plaintiff said that she observed the day of her mother's injury is not "relevant evidence" because it does have a tendency to make the existence of any fact that is of a consequence to the determination of the action to be more probable or less probable than it would be without the evidence. I 1. Whatever probative value the photographs in Exhibit B have is outweighed by the prejudicial nature in that the purpose of the photographs is to show "general dangerous conditions." . WHEREFORE, the photographs of the mayonnaise and tarter sauce displays taken by Sherry Mann should be precluded as irrelevant and prejudicial. Respectfully submitted, MARSHALL DENNEHEY WARNER COLEM GGIN By: Christopher M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: 1d 13 i/v-9 r JUDITH L. CUPP AND IN THE COURT OF COMMON PLEAS HARRY CUPP, CUMBERLAND COUNTY, PLAINTIFFS PENNSYLVANIA CIVIL ACTION - LAW V NO. 07-472 WEIS MARKETS, INC., DEFENDANT JURY TRIAL DEMANDED DEPOSITION OF: SHEREE MANN TAKEN BY: DEFENDANT BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: OCTOBER 31, 2008, 1:33 P.M. PLACE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICES OF RICHARD F. MAFFETT, JR. BY: RICHARD F. MAFFETT, JR., ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANT ALSO PRESENT: JUDITH CUPP 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 0 Fax 717.540.0221 • Lancaster 717.393.5101 z 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NAME SHEREE MANN BY: MR. REESER WITNESSES EXAMINATION 3 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are hereby waived; and that all objections except as to the form of the question are reserved to the time of trial. SHEREE MANN, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. REESER: Q Sheree, we're going to kind of pick up where we left off at your last deposition. And it's going to be pretty much limited to the photographs that were produced about two months ago, six weeks ago or whatever it was. I remember you telling me at your last deposition that you had taken you thought possibly three photographs with a camera phone on the evening that your mother was injured, correct? A Yes. I don't know if three is the number, but yes. Q I am assuming that you took two because you -- A Yes, that's all that was in there. Q Fair enough. How did you come to find the phone? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 A I had moved. And I had probably 250 boxes or so in my basement. And I had gone through all but about maybe seven boxes. Giving up and thinking that -- what's the chance it's going be in there. I thought it got thrown away, I really did, because some of my bags that had my things in got thrown away. Rick pushed me one more time. And I went and looked in those boxes, and I found it. Q Okay. So you actually did make an active effort to try to find it, it just didn't show up? A Oh, yes, I did. I thought I would open the last seven boxes that weren't open. I mean they're just thrown all over the basement, but I had, and there it was. Q Now, I understand that these pictures were downloaded from the phone I assume on to a computer? A Uh-huh. Q Do you still have the phone at this point? A Rick has the phone. MR. MAFFETT: It's in my office, yes. BY MR. REESER: Q Okay. Were you able to determine from taking a look at the phone at what time the photographs were taken? A Yes, there was a time on them. I don't know what it is though. Q Okay. I can find that out from Rick hopefully. 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I know it was probably a little later than what I had told you before. Q We didn't have an exact time I think -- A No, I didn't know an exact time. I just said it was later in the day. Q Right. A It may have been even a little later than what I was thinking it was, but -- Q Well, the timeframe I think that we were talking about was later in the day, but probably still daylight hours which in August would be, you know, could be 8:00. A Right. Right. I am thinking it was like 9:00, but I am not sure. Q Okay. All right. A I am not sure because I took her home, got her settled, then went back. Q Okay. Fair to say that you were not in the store at any time during the course of the day until you entered at roughly nine o'clock or whenever it was that evening? A Correct, I was not. Q You don't have any information one way or another to know whether any changes were made to the display between the time that your mother was injured and the time that you were in the store? A No. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. What these photographs, which have been marked as Exhibit 1 and Exhibit 2, appear to me -- appear to show to me are two stacks of cases which are on what are known in the grocery industry as floral cubes. Is that an accurate representation as to what is in the photographs? A Yes. Q And there are two separate cubes? A Yes. Q Okay. And do these photographs fairly and accurately depict what you saw that day? A I didn't read my last deposition. I think that I may have said there was only one stack. Q You did. A Did I say that? Q Yes. A And there is two. Q Okay. Now that you have seen the photographs, that refreshes your memory as to how many there were? A Yes. Q Can you tell me how high the top of the display was, how high you recall it being after taking a look at the photographs? A I think the display was about five feet tall, close to that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. So if I reach up to the top and touch the top of the top jar of mayonnaise, I would be reaching -- I would be five feet off the ground? A Honestly, I really don't recall. I know it was high. Q I am asking if you look at the photographs, does that help you in determining how high the top jar of mayonnaise would have been? A I still would stick with what I said, about five feet tall. Q Okay. A And standing -- me standing on the ground and reaching to the top, I would still say I think between five and six feet, but I think five feet is an accurate -- fairly accurate. Q It's kind of hard to tell from these photographs just because of the clarity or lack of resolution of the photos, but were some of the jars of mayonnaise hanging off of the shelf or hanging off of the cardboard box? A They were not stacked right. They were crooked. They were drooping. And that's about all I can say. They were not stacked straight. Q And I can -- looking at Exhibit 2 I can kind of see that they're not all what I would consider to be straight. It looks a little sloppy. But I can't tell 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 whether or not they are hanging off of the edge. Do you recall whether or not they were hanging off of the edge? A I don't recall. Q Can you tell me -- you used the word drooping. What do you mean by that? A Well, not only were they not stacked straight across and back, they were -- they were crooked, and then the cardboard was not straight across. And when I say dropping, I guess I mean, you know, the cardboard was not -- it was sagging or not sagging. The cardboard was bent in places, which caused the jars to not sit on the straight level. Q Was that as a result of not having a jar underneath to support it? A No. I think that -- I mean that may have been the case in one or two, but I think that that was just that the cardboard that the jars were sitting on was not stable cardboard, it was bent. Q To your knowledge, was the cardboard that the jars were sitting on, the cardboard from the cases themselves? A I believe so. Q Okay. A I believe so. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can you indicate to me in Exhibit No. 2 where you see sagging of the cardboard? A Well, I think if you just look at the black space that goes across the top, that you can see that they're not even. Q When you say the black spaces, you are talking about the lids of the jars? A In between. Is that what that is? The lids, yes, it is the lids. I think that you can see that they're not even going across. Q Is that a result of sagging, or is that a result of some of them being turned a little bit? A I can't answer that. Q Okay. A I just know that when I saw the display, it was not a very well stacked display. Q Do you have a recollection one way or the other whether or not there was any peg board or plexiglass that ran between the levels? A No. Q No, you don't have a recollection? A Not to my knowledge, there was not anything, but the cardboard between those mayonnaise jars. Q Do you recall -- strike that. Did you see mayonnaise jars on display in that aisle any place other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 than in the display that's shown in the photographs? A Not that I recall. Q To the right on Exhibit 1, to the right of the mayonnaise display, is some other product on display. And it looks like a four cubby hole type of holder. I -- do you have any recollection as to what that was? A No, I don't. And I don't even remember seeing it really. I don't remember it being there, I was focused on the mayonnaise jars. Q How long were you in the aisle? A To take those pictures? Q Or just in the entire time? A Oh, I would say probably seven to ten minutes. Not -- I mean not long. I walked the aisle. I walked up a couple other aisles just to take a look at things. But in that aisle, probably I would say no more than seven minutes. Q And I think from your prior testimony, my recollection is that you didn't speak with anybody at the store? A No. Q Okay. A No, no. Q Okay. On another subject matter, I had asked your mother generally, I am not sure how relevant it is, 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about her recent back surgery, and specifically asked her what type of surgery she had. I don't think she could give me the medical terminology, but do you happen to know? If you can't give it to me, could you give me a general understanding as to what was done as far as you know? A I can. I can't give you the name for it because I can't think of it right now. I was -- I had no idea that this would even be questioned. Q All right. A But they -- there is a space that goes down your spine that becomes narrowed. It's in places due to spurs or, you know, whatever she's got. Q How about the foramen? A I have not heard that term. Q Okay. A And what they did is they went in and they cleaned out around that space and opened up that space because the nerves, the nerves were pinched. Q Uh-huh. A Causing her pain down her legs. Q Okay. A And they opened that space up hopefully helping the pinched nerves. Q Okay. One of the things I note, I can't tell you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 what page it's on in your deposition, we can find it if we need to, is that you testified that the display was up to your nose. Is that consistent with what you remember? A Probably, yes. That's about five feet. I am about five feet five. So -- I don't remember saying that. MR. REESER: Okay. I think that's all the questions I have. MR. MAFFETT: I don't have any. (Discussion held off the record.). MR. MAFFETT: Yes, here. You said I don't know. I am five-five. It's on page twenty, Chris. MR. REESER: Yes. MR. MAFFETT: Lines three to seven. BY MR. REESER: Q All right. A It makes sense. (Whereupon, the deposition was concluded at 1:48 p.m.) 13 1 I COUNTY OF DAUPHIN 2 : SS 3 COMMONWEALTH OF PENNSYLVANIA : 4 I, Maria N. O'Donnell, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of SHEREE MANN, 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. 13 I further certify the said deposition was taken at 14 the time and place specified in the caption sheet hereof. 15 I further certify that I am not a relative or 16 employee or attorney or counsel to any of the parties, or a 17 relative or employee of such attorney or counsel, or 18 financially interested directly or indirectly in this 19 1 action. 20 I further certify the said deposition constitutes 21 a true record of the testimony given by the said witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 16TH day of NOVEMBER, 2008. 24 /1 Maria N. O'Donnell, RPR 25 Notarial N ary Public Ikar:, a, donne" ??Ntb,,•, Pun?,? s,pA Nav 12 . 9n.s Multi-Page TM & [21 1:17 1:24 -0- 07-472 [I] 1:7 A- 1[21 6:2 10:3 16TH [11 13:23 1:33[1] 1:15 1:48 [it 12:18 -2 2[3] 6:2 7:23 9:1 2008 [211:15 13:23 250 [1] 4:1 -3- 3 [I] 2:4 31 [i1 1:15 -4- [1] 1:18 -8- 8:00 [Il 5:11 -9- 9:00 [11 5:12 = [I] 13:2 -A- able[l] 4:21 accurate [31 6:5 7:14 7:15 accurately p 1 6:11 ACTION [I l 1:6 action [11 13:19 active [Il 4:9 administer [11 13:5 afterwards [11 13:11 ago [21 3:15 3:15 aisle [41 9:25 10:10 10:14 10:16 aisles [11 10:15 answer [Il 9:13 answers [I] 13:10 appear [21 6:2 6:3 APPEARANCES [11 1:20 assume [11 4:15 assuming[]] 3:22 attorney [21 13:17 August [11 authorized [I] away [214:5 -B- bags [I] 4:5 basement [21 4:13 becomes [11 bent [2] 8:12 between [61 5:23 7:13 9:19 9:23 bit[il 9:12 black [2] 9:6 board p1 box [I] 7:19 boxes [41 4:3 4:8 13:16 Correct [1] 5:20 Correct 111 3:19 5:11 counsel [31 3:2 13:4 13:16 13:17 4:6 COUNTY [21 1:3 13:1 couplet]) 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3:14 Lines p l 12:13 look [5l 4:22 6:22 7:6 9:3 10:15 looked pi 4:8 looking p1 7:23 looks [2l 7:25 10:5 -M- M p) 1:25 MAFFETT [61 1:21 1:22 4:19 12:8 12:10 12:13 makes [il 12:16 MANN [41 1:11 2:3 3:8 13:7 MARIA [il 1:13 Maria [2] 13:4 13:24 marked p ] 6:2 MARKETS pl 1:9 MARSHALL [21 1:16 1:24 matter p l 10:24 may [3l 5:7 6:13 8:16 mayonnaise [717:2 7:8 7:18 9:23 9:25 10:4 10:9 mean [s1 4:12 8:6 8:10 8:16 10:14 medical [11 11:3 memory 111 6:19 MILL [il 1:18 minutes [21 10:13 10:17 months p1 3:15 mother 13] 3:18 5:23 10:25 moved pi 4:1 -N- N[31 I:13 13:4 13:24 NAME pi 2:2 name p1 11:7 narrowed p 1 11:12 need [ll 12:2 nerves [31 11:19 11:19 11:24 nine [i1 5:19 nose [il 12:3 NOTARY p1 1:14 Notary [21 13:4 13:25 note [l l 11:25 NOVEMBER 13:23 [214:14 6:18 now[11 11:8 number m 3:20 -O- o' clock p l 5:19 O' DONNELL p1 1:13 O'Donnell [21 13:4 13:24 oaths pi 13:5 objections pl 3:5 OCTOBER pl 1:15 Off [71 3:13 7:3 7:18 7:19 8:1 8:3 12;9 office [t] 4:19 OFFICES pi 1:21 One p1 11:25 one [s1 4:7 5:21 6:13 8:17 9:17 open[2l 4:11 4:12 opened [2l 11:18 11:23 -P- P.Mpi 1:15 p.mpl 12:18 page[2l 12:1 12:11 pain pl 11:21 parties [21 3:3 13:16 peg [l] 9:18 PENNSYLVANIA [31 1:4 1:19 13:3 Pennsylvania [11 13:6 phone [61 3:18 3:25 4:15 4:17 4:18 4:22 photographs 1111 3:14 3:17 4:22 6:1 6:6 6:10 6:18 6:23 7:6 7:16 10:1 photos 111 7:18 pick p1 3:12 pictures [21 4:14 10:11 pinched [21 11:19 11:24 PLACE pi 1:16 place [21 9:25 13:14 places [21 8:12 11:12 PLAINTIFFS [2l 1:4 1:23 PLEAS 01 1:2 plexiglass pl 9:18 point [14:17 possibly p1 3:17 PRESENT p 1 1:27 pretty [I 1 3:14 produced p 1 3:14 product [i1 10:4 PUBLIC m 1:14 Public [31 13:4 13:11 13:25 pushed pl 4:7 _Q_ questioned [i1 11:9 questions [2] 12:7 13:9 -R- ran p] 9:19 reach pi 7:1 reaching [21 7:2 7:13 readpl 6:12 reading p 1 3:3 really [31 4:5 7:4 10:8 recent p1 11:1 recollection [41 9:17 9:21 10:6 10:19 record 121 12:9 13:21 reduced p1 13:11 REESER [7] 1:25 2:4 3:11 4:20 12:6 12:12 12:14 refreshes p1 6:19 relative [21 13:15 13:17 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6:3 standing [21 7:12 7:12 stenographically 111 13:10 stick it 17:9 Still 141 4:17 5:10 7:9 7:13 stipulated [1] 3:2 STIPULATION p 1 3:1 store [315:17 5:24 10:20 straight [s] 7:22 7:25 8:7 8:9 8:13 strike p 1 9:24 subject pl 10:24 suchpl 13:17 supportpl 8:15 Surgery [21 11:1 11:2 Sworn [21 3:9 13:9 _ -T- taking [31 4:21 6:22 13:8 tall 121 6:24 7:10 telling p l 3:16 ten pl 10:13 termpl 11:15 terminology 111 11:3 testified [21 3:9 12:2 testimony [31 10:18 13:7 13:21 themselves 11 8:22 thinking 131 4:3 5:8 5:12 thought 131 3:17 4:4 4:11 three [s1 3:17 3:20 12:13 through p 1 4:2 thrown [31 4:4 4:6 4:12 timeframe p l 5:9 took [21 3:22 5:15 top [71 6:21 7:1 7:2 7:2 7:7 7:13 9:4 touch 11 1 7:1 TRIAL PI 1:10 trial ill 3:6 truepl 13:21 trypl 4:10 turned p 1 9:12 twenty [tl 12:11 two [61 3:15 3:22 6:3 6:8 6:17 8:17 type [21 10:5 11:2 typewriting pl 13:12 _U_ under p1 13:12 underneath [11 8:15 understand 111 4:14 up [81 3:12 4:3 4:10 7:1 10:14 11:18 11:23 12:2 used pl 8:5 _V_ V ill 1 7 _W_ Index Page 2 HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 V] 3:4 walked 121 10:14 10:14 WARNER 121 1:16 1:24 weeks 111 3:15 WEIS [ll 1:9 WHEREOF p 113:22 within [il 13:5 WITNESS p1 13:22 witness 13] 3:8 13:9 13:21 WITNESSES tl1 2:1 word (i 18:5 Multi-Page" waived - word SHEREE MANN HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-5101 Index Page 3 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP PENNSYLVANIA Plaintiffs VS. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-472 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on December 31, 2008,1 served a copy of Defendant's Motion in Limine, Supporting Brief and Trial Brief via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff Christopher M. Reeser v RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... JUDITH L. CUPP and BARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs '::CUMBERLAND COUNTY,PENNSYLVANIA V NO. 07-472 WEIS MARKETS, INC., Defendant ;CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S MOTION IN LIMINE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant's witnesses are expected to testify the Kraft Mayonnaise display that injured Plaintiff was constructed with plexiglass between the layers of jars, in the same manner as all such product displays are constructed at Weis Markets. (See excerpts of transcripts of the deposition testimony of Zachery Judy and Alan Murdoch attached as Plaintiffs' Exhibit A.) The complained-of photographs of the Miracle Whip display depict a product display similar to the display involved in Plaintiff Judith Cupp's injury in that the display is constructed without plexiglass in between; and, in an unsteady and dangerous fashion, which is contrary to the expected testimony of the Weis Market employees; and, consistent with Plaintiff's testimony as to the construction of the display that injured her. 7. Admitted in part, denied in part. It is admitted Miracle Whip is a different product than Kraft Mayonnaise, which was involved in Plaintiff's injury. However, the Miracle Whip jars hold the same amount of product and weigh approximately the same as the Kraft Mayonnaise jars which caused Plaintiff's injury. 8. Admitted. The Hellman's Tartar Sauce jars are anchored in holes in the cardboard, the front of the cardboard boxes has a lip; and, the display is not sagging. 9. Denied. The purpose of the photographs is to show: the expected testimony of Weis Markets employees as to the method of construction of product displays is not credible (See Plaintiffs' Exhibit A attached); how product displays in Weis Market stores are constructed and positioned; and, to establish the credibility of Plaintiff Judith Cupp's testimony as to how the display which injured her was constructed. 10. Admitted in part, denied in part. It is admitted evidence which only depicts general dangerous conditions in the 2 Weis Markets store may not be relevant. evidence. However, it is denied the photographs at issue are not re photographs are relevant evidence be levant evidence. These cause they contradict Defendant's witnesses as to how product dis at Weis plays are constructed Markets, including the Kraft Mayonnaise displ (See Plaintiffs ay ' Exhibit A attached); and, are Plaintiff consistent with Judith Cupp's testimony as to how the Kraf display that in• t Mayonnaise lured her was constructed. 11. Denied. The photographs in Defendant's Exhibit B ar not prejudicial to Defendant, e Said photographs have value to impeach the probative testimony of Defendant's witnesses as to construction of the Kraft Mayonnaise displa Plaintiff y that injured (See Plaintiffs' Exhibit A attached); and the credibility of Plaintiff to bolster as to how said display was constructed. WHEREFORE, Plaintiff respectfully requests Court to den Your Honorable y Defendant's Motion In Limine. Respectfully submitted, d/ Richard F. Maffett, J Esq. 3 tr JUDITH L. CUPP AND HARRY CUPP, PLAINTIFFS V WEIS MARKETS, INC., DEFENDANT I DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-472 JURY TRIAL DEMANDED ZACHERY JUDY PLAINTIFFS PAMELA S. SULLIVAN REPORTER-NOTARY PUBLIC APRIL 28, 2008, 1:02 P.M. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL ROAD, SUITE B HARRISBURG, PENNSYLVANIA LAW OFFICE OF RICHARD F. MAFFETT BY: RICHARD F. MAFFETT, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, BY: CHRISTOPHER M. COLEMAN, WARNER & GOGGIN REESER, ESQUIRE FOR - DEFENDANT. 2080 Linglestown Road • 717.540.02 Suite 103 • Harrisburg, PA 17110 +4 02j1 0 Lancaster 717.393.5101 1 16 2 MR. REESER: Just for the record, You're 3 the boxes have cardboard sides? THE WITNESS: Right. 4 MR. REESER: 5 I've Okay. We're making a record. So just got to -- 6 THE WITNESS: Right, Now 7 scale or to to said, , this isn't 8 rows, Like I don't recall how many rows were in between. 9 But what you would do then here is m 10 would stack two or three aybe you 11 f whatever, you know, would build -- would build it sound. But every 12 Product is different and it's the same thing you 13 would do on end caps, any display. All right. W 14 we do is hat run a piece of Plexi 15 this glass, which would be little guy here. 16 BY MR. MAFFETT: 17 4 Okay. Yeah, yeah. That's good. 18 A All right. This would be the case. 19 Q All right. 20 A In between, you would fill. That i 21 would be stacked, s what 22 4 Okay. 23 A Okay. This here would be the ma o 24 question. Y in 25 Q Okay. So they would be in -- in the meddle, 17 1 you have below the Plexiglass smaller boxes. 2 that - And that you're designating - 3 A Well/ these are -- 4 Q - Jars of mayonnaise? 5 A Right. These are -- right. 6 Q Okay. 7 A And that would be built on so on and s 8 forth until o it was the desi 9 gnated height at eye level. Q Okay. And the 10 Jars in the center of the display that would be stacked on to 11 would there p of each other, be anything between the two layers of 12 jars? 13 A No. 14 Q Okay. 15 A Well, not -- no. 16 Q All right. 17 A You'd have to run a sheet of Ple 18 then. xi every one 19 Q Okay. And you -- in the diagram that 20 drew, you you depicted two jars stacked on top of 21 other? each 22 A Right. 23 Q Could have -- could 24 it have been three jars stacked on top of each other? 25 A I don't think so. 18 1 Q Okay. 2 A It - it may be. But I don't I don't 3 think so. 4 Q Okay. Would -- would how many jars 5 stacked in the we're middle depend on the size 6 product and the size of the displa ? Of the ? y. A The - yeah, the all-around stability of it. 8 Q Okay. 9 A I mean, if You're building with cans, for 10 instance 11 it would depend on whether the cans to 11 together ck in whether, you know 12 Q Um-hum. 13 A If they lock in together, you can build it 14 more soundly and you can use less 15 or whatever layers of Plexiglass Peg board, whatever you're 16 Q using, Okay. And then where did it appear tha 17 jars that had fallen t the from the display had -- where - 18 where in the - display had they come from? 19 A Well, if I remember correctly, 20 the middle, it was from 21 Q Okay. 22 A At the middle of the display and at mi 23 like, ddle, the mid- range height. Do you understand what 24 I'm saying? 25 Q I think so. 1 that I just 25 read you, that 2 A I sm Portion of the testimony? sorry? 3 Q Do you -- do 4 You agree or disagree with portion of the testimon the 5 Y that I just read you of Mr. Kochenour's? 6 A You know I said earlier, when 7 has a lip, yeah, you know, the Product 8 how.... you can stack it. That's 9 Q So Mr. -- in Mr. 10 Kochenour's testimony, he didn't mention Plexiglass 11 sheets. Are you certain that there were Plexiglass sheets in this particular 12 display? lcular 13 A Yes. 14 Q And what -- what 15 makes you c A Because I built it. ertain? 16 Q Okay. 17 A You can't use 18 stretch a Piece of cardboard to a 4-foot display and build it. y 19 it. YOU can't do 20 Q Do you remember how -- how lon 21 Mrs, g before Cupp was injured that you had built the 23 It was the same day that I rec display? Q DO all. you remember who asked you to build the display? e 25 A I believe Steve Rayburn. He was my #, i" - zk_ f I?t?dD? -3%v of ,' a : JURY TRIAL DEMANDED ALAN MURDOCH PLAINTIFFS PAMELA S. SULLIVAN REPORTER-NOTARY PUBLIC APRIL 28, 2008, 2:21 P.M. WEIS MARKET EMPLOYEE BREAK ROOM 4300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA LAW OFFICE OF RICHARD F. MAFFETT BY: RICHARD F. MAFFETT, ESQUIRE FOR - PLAINTIFFS ORIGNAL JUDITH L. CUPP AND HARRY CUPP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-472 PLAINTIFFS V WEIS MARKETS, INC., DEFENDANT DEPOSITION OF: TAKEN BY: BEFORE: DATE: PLACE: APPEARANCES: MARSHALL, DENNEHEY, BY: CHRISTOPHER M. COLEMAN, WARNER & GOGGIN REESER, ESQUIRE FOR - DEFENDANT WFA 20,90 Linglestown Road • 717.540.0220 9 Suite 103 • Harrisburg, PA 17110 Fax 717.540.0221 0 Lancaster 717.393.5101 1 A Not 10 to me. 2 3 4 Did else? you hear her saying anything to anybody 4 A We had asked her for a doctor's number, but 5 I honestly didn't recall much 6 information. You know, just the standard, Are you okay? you 7 someone know, is there we can call? who should we g Mr, contact? Kochenour and, I believe, Mr. Rayburn 9 most of those took care of particular details. 10 4 Were you able to see where the 11 mayonnaise jars of that were on the floor had come from? 12 A Yes. 13 4 Where had they come from? 14 A The middle of the 15 display more towards the bottom than the top. 16 4 What do you recall about how the dis 17 constructed? P1aY was 18 A It was constructed with 19 two sides three sections. The were of full 20 cut o cases of mayonnaise that were pen in the front to allow 21 them shoppers to access and then the middle were stacked that h 22 cardboard ad in between. And there was Plexiglas 23 between all - s that was coverin 24 And g those three sections. then there was another layer of the same 25 construction. I believe it was three or four layers ? 11 1 high. 2 4 Can you draw me a diagram of the display as 3 best you remember? 4 A Sure. It's not quite to scale, but - 5 (inaudible.) - 6 7 MS. SULLIVAN: I'm sorry. I can't hear THE WITNESS: If you. I m talking to myself. If I 8 had built a display like this, it would certainl 9 topple y 10 lust because my lines are not straight. And then these would be wi 11 between der. And then in to bring the measurement 12 up, there would be a Piece of cardboard in between this to al 13 measurement to low the be the same. Because you'd lose a 14 small quantity of your spacing between cardboard in a 15 free-stacked case. But what we did was we put it in 16 between to ensure that all the weight would be the 17 same whenever it was built across. 18 BY MR. MAFFETT: 19 4 Okay. So let's -- for the purposes of t 20 court re he porter and the record that we' 21 make re trying to the outside larger boxes 22 are they the cases - A Yes. - 23 Q - that you had talked about? 24 All right. So make a line from one 25 and just write case. Of them 15 t 1 A I had had training previously with Karn s 2 learn how to build dis to plays. But I learned the way 3 that Mr. Rayburn built displays, which are a different 4 way than other people do. He has his 5 own style. Q And what was Mr. Rayburn's style? 6 A A lot of displays like this that are 7 free-stacked, that maximize the display. Other 8 companies just do case cuts. The way we do it is 9 Plexiglass and free-stacked product. 10 Q Was there any kind of a written manual that 11 described how the displays should be constructed? 12 A No, sir. 13 Q The Plexiglass you talked about, do 14 what color it You know is? 15 A It is clear. 16 Q Now, after -- after the incident ha 17 were you asked to Peened, write up an incident report or an 18 accident report or.... 19 A I was not. The store did, however. As 20 of any accident part we write up a -- it's a customer 21 accident report actually. 22 Q Did you take any notes or make an 23 what you had seen y record of or what you knew? 24 A I did not. 25 Q Okay. When was the first time you were ?V? CERTIFICATE OF SERVICE The undersigned hereby certifies t correct co that he served a true and Ay of the foregoing Plaintiffs, Answe Motion in Limine upon r to Defendant's pon copy depositing Mail, posta same in the United ge prepaid, addressed States as follows: Christopher M, Reeser Marshall Dennehey Warner Esquire 4200 Crums Coleman Mill Road, Harri Suite s oggln & sburg, PA 17112 Dated: //6/- )0 Richard F. Maffet , Jr , Esq, r-? ?- .? --n `-`? .--? c?.. .,_ ?ti ?? i? ""'? ?..+:? C) RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff ....................................................................................................... JUDITH L. CUPP and HARRY CUPP, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY,PENNSYLVANIA NO. 07-472 WEIS MARKETS, INC., :CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ......................................................................................................: PLAINTIFFS' MOTION IN LIMINE 1. Judith Cupp was injured on 08/27/05 when she was shopping at the Weis Markets on Simpson Ferry Road, Mechanicsburg. 2. 8 to 12 one-quart jars of Kraft Mayonnaise fell from a free-standing display; and, one of the jars struck Mrs. Cupp on her left lower leg, injuring her. 3. Plaintiffs contend that Judith Cupp's injury was caused by the negligence of Defendant in their design and placement of the Kraft Mayonnaise display. 4. Defendant has expressed their intention to build a display in the courtroom during the trial to show the jury what the Kraft Mayonnaise display actually looked like when the incident occurred. 5. Defendant intends to have Alan Murdock, a Weis Markets Manager Trainee at the time of the incident, build the trial display. 6. Alan Murdock did not construct the display which injured Plaintiff, nor did he examine it before Plaintiff's injury. 7. Defendant's employees have provided varying descriptions as to how the Kraft Mayonnaise display was constructed at the time of Plaintiff's injury. 8. Denise Wimberly, Front End Manager for Weis Markets, testified during her deposition that the Kraft Mayonnaise display consisted of 3 stacks of cardboard cases, stacked on top of each other 5 cases high. (See Plaintiffs' Exhibit A attached.) 9. On 10/04/05, Timothy Boyle, Store Manager Trainee for Weis Markets, described the display as being Mayonnaise stacked one case on top of the other, with either 1 or 2 rows of cases stacked next to each other; and, the jars stacked 2 high within each case. (See Plaintiffs' Exhibit B attached.) 10. Alan Murdock described the display as being constructed in 3 sections, 3 or 4 layers high, with the 2 sides made up of full cases of mayonnaise 1 jar in height, the middle made up of 2 free-stacked jars; and, plexiglass between every 3 cases. (See Plaintiffs' Exhibit C attached.) 11. Zachery Judy, the Weis Market Employee who constructed the display, described it as being constructed with: cases on the side, a single layer of jars per case; loose jars in the middle; and, plexiglass every 2 cases. (See Plaintiffs' Exhibit D attached.) 12. No photographs or video exist of the Kraft Mayonnaise display before, or immediately after Plaintiff's injury, but photographs of the display taken several hours later depict a display that is 2 stacks wide and 8 cases high, a single layer of jars per case, with no plexiglass, and loose jars only at the top. (See Plaintiffs' Exhibit E attached.) 13. Defendant's construction of a Kraft Mayonnaise display during trial would not accurately recreate the conditions of said display at the time of the injury to Plaintiff Judith Cupp. 14. Whatever probative value the recreation of the Kraft Mayonnaise display during trial might have is outweighed by it's prejudicial nature, since it might confuse and mislead the jury, thereby causing the jury to attach exaggerated significance to the trial demonstration. 3 WHEREFORE, Plaintiffs respectfully requests that Defendant be precluded from construction of a Kraft Mayonnaise display during the trial of this matter. Respectfully submitted, J, Richard F. Maffe , Jr., Esq. 4 r? A f L JUDITH L. CUPP & HARRY : IN THE COURT OF COMMON PLEAS CUPP, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V : NO. 07-472 : CIVIL ACTION - LAW WEIS MARKETS, INC., DEFENDANT JURY TRIAL DEMANDED DEPOSITION OF: DENISE WIMBERLY TAKEN BY: PLAINTIFFS BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: OCTOBER 5, 2007, 10:00 A.M. PLACE: LAW OFFICE OF RICHARD F. MAFFETT, JR. 2201 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICE OF RICHARD F. MAFFETT, JR. BY: RICHARD F. MAFFETT, JR., ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANT Hughes brrght oltz Natal e 2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110 717.540.0220 • Fax 717.540.0221 0 Lancaster 717.393.5101 EXHIBIT A RECE114ED OCT 19 2007 11 A Yes. Q And where had they come from? A From the display. Q Where was the display? A At the very end of the aisle. Q Was it on a shelf? A No. Q How was it set up? A On a wooden block. Q Can you give me more description about the display itself? A The wooden block is approximately 30 inches wide. Q Okay. And had you seen the display before you got notice of this injury with Mrs. Cupp? A Yes, when I walked the store. Q Okay. How high was the display before anything happened with Mrs. Cupp? A About four feet. Q How tall are you? A Five six. Q Okay. A I'm shrinking. Q Aren't we all? In relation to you how high then did the display come up? A Just above the waist. 13 Q Okay. And do you remember if the jars were glass or plastic? A Plastic. Q And you say these cases were stacked up. How were the cases made up? In other words, were the jars just by themselves? Were they in a box? Were they in a -- A They were in a box. Q Okay. A cardboard box? A Yes. Q And then how high did the -- how high did the box come up around the jars? A Oh, approximately three inches (indicating). Q Had the cases been modified in any way? A Just case cut. Q Tell me about that. A What we call case cut, you just cut the front of the box off. Q And why is the front of the box cut off? A For display. Q So the three inches high would be on the sides of the box and the back of the box furthest away from the customer, but the front of the box would be cut out? A Uh-hum. MR.. REESER: Is that a yes? THE WITNESS: Yes. 12 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 29 25 Q Okay. And in Mrs. Cupp's Complaint, the display was described as a pyramid display. Is that an accurate description? A A pyramid? Q Yes. A No. Q Okay. Tell me about the display. If it wasn't a pyramid, what was it? A It was just cases stacked up. Q Do you know how many cases, how many cases stacked up? A I'm going to say approximately five. Q And these were cases of jars of mayonnaise? A Yes. Q What kind of mayonnaise, do you remember? A Kraft. Q And do you remember the size of these jars? A It's the new jars (indicating). You mean like ounce wise or -- Q Yeah. I mean I'm thinking there's more than one size of mayonnaise jars. A I'm going to say a 32-ounce jai. Q Okay. Would that be the largest size, or is it an intermediate size, smallest size? A That would be like next to the largest. 19 i 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 1B 19 20 21 22 23 29 25 MR. REESER: Okay. BY MR. MAFFETT: Q And how about was it just one stack of cases five high, or was there more than one stack of cases? A There would have been about three stacks. Q Three stacks of cases five high? A Yes. Q And was there anything different about the middle stack than what you've already described? A No. Q Okay. Do you know who constructed the display? A No. Q Do you know when it was constructed? A Nope. Q And are there any that you're aware of, are there any internal instructions from Weis Markets as to how these displays are to be constructed? A No. Q And the display that the jars had come from, was it in the aisle, or was it at the end of the aisle? A At the end of the aisle. Q And at the end of the aisle was there a larger aisle that runs the whole length of the store that would be perpendicular to aisle three? A Yes. ORIGINAL JUDITH L. CUPP & HARRY : IN THE COURT OF COMMON PLEAS CUPP, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V : NO. 07-472 : CIVIL ACTION - LAW WEIS MARKETS, INC., DEFENDANT : JURY TRIAL DEMANDED DEPOSITION OF: TIMOTHY BOYLE TAKEN BY: PLAINTIFFS BEFORE: DIANE F. FOLTZ, RMR NOTARY PUBLIC DATE: OCTOBER 5, 2007, 10:45 A.M. PLACE: LAW OFFICE OF RICHARD F. MAFFETT, JR. 2201 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICE OF RICHARD F. MAFFETT, JR. BY: RICHARD F. MAFFETT, JR., ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANT po 44 "MA& 2080 Ling1ij?tit?03 • Harrisburg, PA 17110 717.540.02 ax 0 0 Lancaster 717.393.5101 RECEIVED OCT 19 2007 16 A No. Well, am I aware, yes, but only because it was mentioned to me later. I didn't recall a person being there at the time. Q Okay. Would that be Rudi Sproul? A It could be. Q Okay. The person that was mentioned to you later as being there, who was that? I mean who, who were they, or what did you hear about them? A Well, nothing, just that there was an eye witness, and, you know, I just don't remember whether there was or wasn't. Q Okay. And this information that there was an eye witness, was this eye witness a customer or an employee? A A customer. Q Okay. And do you remember who told you that there was an eye witness? A Yes, the lawyer. Q Okay. All right. Do you recall talking to John Millhouse from PMA Insurance Company about this incident and how it happened? A No. Q _ I'm going to show you what's previously been marked as Plaintiffs' Wimberly Exhibit 2. A Uh-hum. 18 Is that accurate within your recollection? A Yes. Q The next sentence says this allowed the customer to reach and take out the jars from the case while using the case to secure the jars and the stacked cases. A Yes. Q Does that square with your recollection? A Yes. Q Okay. The next sentence says the jars were stacked two high within each case. Does that square with your recollection? A Yes. Q The next sentence says the display was up for two weeks with no other reported incidences. Does that square with your recollection? A Sure, yes. Q Okay. Now, when you say -- when it says the jars were stacked two high within each case, what does that mean? A Well, the way I believe the cases came in, if I recall correctly, they came in with the jars stacked on top of each other. In other words, two rows of six or two rows of however many were in a case, so you cut out the top. You cut out the top portion of the case, the front portion of the case, so you would have a case there with part of 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 MR. REESER: Do you want to show him this one here? BY MR. MAFFETT: Q Yeah, that's fine. And I'm referring you to -- I guess it would be the numbered note 15. A Okay. Q And just take a minute and read it to yourself. A Okay. Q Does that refresh your recollection as to whether you spoke to Mr. Millhouse or not? A No. I mean I'm sure I did. It's obviously here. I just don't remember doing so. Q Okay. Sure. And the first sentence says he said the mayo -- well, first of all before I start the sentences under 15, it says 10/4/05 S/W, which I assume to be spoke with, Tim Boyle, manager. Then the first sentence says he said the mayo was stacked one case on top of the other. Is that accurate within your recollection? A Yes. Q Okay. The next sentence says there was either one or two rows of cases stacked next to each other. Is that accurate within your recollection? A Yes. Q The next line says the front cardboard and a portion of the top cardboard were cut out from each case. r(?:nromDFnvonsszoA?wwan«e.al =11 09/30/05 S/W DENISE WIMBERLY :.FRONT END MGR. WHEN SHE ARRIVED THERE WERE A COUPLE OF JARS ON THE FLOOR T#IERE IS NO VIDEO FOOTAGE OF THIS INCIDENT. I r 09/30/05 S/W WITNESS RUDI SPROUL AE DID NOT SEE OR HEAR THE JARS OF MAYO FALL HE CAME UPON THE SCENE AND NOTICED THAT THE ELDERLY WOMAN HE NOTICED HER LEG WAS BLEEDING PERM BAD. )IF NOTICED SOME JARS OF MAYO ON THE FLOOR AND SAID HE BELIEVE I1NE'OftHE FOPS BROKE OFF. 13 10/04/05 Incuned/Status Change Loss Line: 1 30 00, Status: Open, Loss Incurred: 9,500, Exp Incur red: 1,000, Comment: 14 10/04/05 SENT CONTACT LETTER TO ATTNY. REQUESTING MED-RUTH. FORM, TREATING FACILITIES, THEROY OF LIABILITY. U1I 70%04105 S/W TIM BQYLE(trldt) HE SAID THE MAYO WAS STACKED ONE CASE'ON, TOP OF TEIE OTFIF?i §T„RF$+.IF,RS2T'J.,QIt:'1'Y?QflOa3!S,.OFCASES3T?1C 1(,D'.E7{„', E CH HER 1HE FRONT CARDBOARD AND A PORTION OF THE TOP CARDBOARD - RW ?E C 1' FROM E?CH QASE TFII$ AI,LOWED;:IHE,CIJSTOMER TO REACH AND TAKE OUT THE JARS F,ROjyf THE, CASE I WHILE USING THE CASE TO SECURE THE JARS AND THE STACKED QASES. THE JARS WERE STACKED TWO HIGH WITHIN EACH d "St. THE DISPLAY WAS UP FOR TWO WEEKS WITH NO OTHER REPORTED INCIDENCES rk:/1/DVPDF/Woh.20A,e ,S-u1(3 of7)2/1nW710:11:30 AM JUDITH L. CUPP AND HARRY CUPP, PLAINTIFFS V WEIS MARKETS, INC., DEFENDANT DEPOSITION OF: TAKEN BY: BEFORE: DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-472 JURY TRIAL DEMANDED ALAN MURDOCH PLAINTIFFS PAMELA S. SULLIVAN REPORTER-NOTARY PUBLIC APRIL 28, 2008, 2:21 P.M. PLACE: WEIS MARKET EMPLOYEE BREAK ROOM 4300 LINGLESTOWN ROAD HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICE OF RICHARD F. MAFFETT BY: RICHARD F. MAFFETT, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, COLEMAN, WARNER & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE 2080 LinglZ ][j"TuitC03 • Harrisburg, PA 17110 717.540.0220 0 Fax 717.540.0221 0 Lancaster 717.393.5101 Multi-Page ALAN MURDOCH ADDYT 74 gnno Page 10 1 A Not to me. 2 Q Did you hear her saying anything to anybody 3 else? 4 A We had asked her for a doctor's number, but 5 I honestly didn't recall much information. You know, 6 just the standard, Are you okay? you know, is there 7 someone we can call? who should we contact? 8 Mr. Kochenour and, I believe, Mr. Rayburn took care of 9 most of those particular details. 10 Q Were you able to see where the jars of 11 mayonnaise that were on the floor had come from? 12 A Yes. 13 Q Where had they come from? 14 A The middle of the display, more towards the 15 bottom than the top. 16 Q What do you recall about how the display was 17 constructed? 18 A It was constructed with three sections. The 19 two sides were of full cases of mayonnaise that were 20 cut open in the front to allow shoppers to access 21 them, and then the middle were stacked that had 22 cardboard in between. And there was Plexiglass 23 between all -- that was covering those three sections. 24 And then there was another layer of the same 25 construction. I believe it was three or four layers Page 11 1 high. 2 Q Can you draw me a diagram of the display as 3 best you remember? 4 A Sure. It's not quite to scale, but -- 5 (inaudible.) 6 MS. SULLIVAN: I'm sorry. I can't hear you. 7 THE WITNESS: I'm talking to myself. If I 8 had built a display like this, it would certainly 9 topple just because my lines are not straight. 10 And then these would be wider. And then in 11 between, to bring the measurement up, there would be a 12 piece of cardboard in between this to allow the 13 measurement to be the same. Because you'd lose a 14 small quantity of your spacing between cardboard in a 15 free-stacked case. But what we did was we put it in 16 between to ensure that all the weight would be the 17 same whenever it was built across. 18 BY MR. MAFFETT: 19 Q Okay. So let's -- for the purposes of the 20 court reporter and the record that we're trying to 21 make, the outside larger boxes, are they the cases -- 22 A Yes. 23 Q -- that you had talked about? 24 All right. So make a line from one of them 25 and just write case. Page 12 1 A Sure. There should be three. 2 Q Okay. So the smaller, little boxes in the 3 middle, are they actually to represent an 4 individual -- 5 A Yes. 6 Q --jar of mayonnaise? 7 A We did individual free stack that were put 8 three high to match the number of cases. There was 9 cardboard in between so that the sizing would be the 10 same. 11 Q Okay. So take and run a line out from one 12 of the little boxes and put jar or mayonnaise, 13 whatever you want. 14 A (Witness complies.) 15 Q Okay. And you marked mayo for that? 16 A Um-hum. 17 Q Okay. Now, your recollection is that the 18 cases were stacked three high and then the -- 19 A Yes. 20 Q -- jars in the middle were stacked three 21 high? 22 A Yes, sir, with the cardboard from the cases 23 in between so that the heights would be all the same 24 so that when it was put together with the Plexiglass 25 there would be no gaps that stuff would fall or be Page 13 1 loose. 2 Q Okay. Now, where -- okay. And you've 3 marked the Plexiglass. 4 A Plexiglass, yes, sir. 5 Q Okay. Now, where did -- if you can 6 recollect, where were the jars that had fallen -- 7 where did they come from? 8 A It was in this section closer to the bottom. 9 Q The bottom middle section? 10 A Yes. 11 Q And were you able to determine from your 12 viewing the display what had caused the jars to fall? 13 A My assessment of the situation was that a 14 customer had grabbed from the middle of the display 15 instead of the top. These are designed to be 16 top-shopped instead of from the bottom. And it looked 17 to me that it had been grabbed and pulled out, which, 18 if it was pulled from the bottom, would cause the jar 19 on top to fall out. 20 Q Did you or anybody else take any photographs 21 of the display? 22 A I honestly don't recall. I did not. There 23 may have been others. 24 Q Do you know who constructed that particular 25 display? HUGHES, ALBRIGHT, FOLTZ & NATALE 717-540-0220/717-393-51 nt Page 10 -Page 13 CP- l ice:: ORIGIN!AL JUDITH L. CUPP AND HARRY CUPP, PLAINTIFFS V WEIS MARKETS, INC., DEFENDANT DEPOSITION OF: TAKEN BY: BEFORE: DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-472 JURY TRIAL DEMANDED ZACHERY JUDY PLAINTIFFS PAMELA S. SULLIVAN REPORTER-NOTARY PUBLIC APRIL 28, 2008, 1:02 P.M. PLACE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 CRUMS MILL ROAD, SUITE B HARRISBURG, PENNSYLVANIA APPEARANCES: LAW OFFICE OF RICHARD F. MAFFETT BY: RICHARD F. MAFFETT, ESQUIRE FOR - PLAINTIFFS MARSHALL, DENNEHEY, COLEMAN, WARNER & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE FOR - DEFENDANT 2080 Lingles$ E ]E SbitD103 • Harrisburg, PA 17110 717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101 12 A- It was -- from my recollection, because I built it, it was -- I mean, I'm sure that's what you guys are looking for here -- it was case-cut, which means it was in the cardboard that it's shipped in. You cut the plastic off. You stack it, and that's it. I mean, it's pretty standard. Q Do you remember how many case -- cases high it had been stacked? A No. Q Within a case, would it be one -- was a case one jar, or was there more than one jar on top of each other within each case? A Per case, it was only single. It was only a single layer per case. Q And when you say case-cut, how far -- what part of the cardboard case was cut off? A It had a perforated edge that you just tore off the front. Q And -- and leaving an edge of how -- did it leave a front edge? A Yeah. It let a lip across the front on -- on the bottom. Q About how high? A I don't know. An inch. Q And then how about the sides? Were the 14 cut out, was it still there in the middle? A Yeah.. Well, I mean, all the cardboard was still there. It's just that the product fell out. The display itself was still sound. Q Okay. Were there jars of mayonnaise on the floor? A I believe. Q Do you remember how many? A No, sir. Q I don't quite understand. Maybe you can explain to me. You said that there was the cardboard boxes, cases, that the mayonnaise came in? A Right. Q And it was only -- and inside the box that it was only one jar high. Right? A Right. Q And -- and there would be a bottom to the cardboard box. Right? A Right. Q So how did it appear to you that she had pulled from the middle and made it fall? A Well, I think the way it was built was that there was -- the boxes were on the side. And then Plexiglass was ran between. And then -- then the shelves -- the Plexiglass was filled in the middle. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sides? Did the sides? A No. They were, like, closed or whatever you want to say. Q The full height of the case? A Right. Q And then one of the other witnesses that we had here previously had said that sometimes at the top of a display two -- two jars would be stacked on top of each other. Was it that -- that -- this way with this display -- A I don't recall. Q -- or not that you recall? A I don't recall. Q Okay. And you said something about the center of the display had tumbled down. So that -- does that mean that there was a middle and two sides? A It may have been built that way whereas you would run Plexiglass across and then stack it. Q Well, what -- what had seemed to have -- to you, when you looked at the display after you saw Mrs. Cupp there, what appeared to you to have fallen down or -- or what had happened to the display? A I assumed that she had pulled from the middle, and that's what caused it to fall. Q Was the case -- the top case that had been 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Does that make sense? Q Well, maybe. Let me see if I understand you. So if I understand you then, there were case boxes on either side of the display. Is that right? A To fill the base, right. Q Right. But then were there loose jars in the middle? A To fill the difference, yeah. Q Okay. A I don't recall how many rows it was, but.... (Discussion held off the record.) BY MR. MAFFETT: Q Mr. Judy, could you draw me a diagram of your recollection of what the display looked like? A All right. This rectangle here would represent the base on which we build. Q Okay. So write base in there someplace. A All right. Q Okay. A Now, the boxes vary in size to build on these boxes. We'll say the mayonnaise took up, you know, an odd -- whatever. Keep in mind that these have cardboard sides. Q Okay. A Okay. L' 1 16 MR. REESER: Just for the record, you're talking about the boxes have cardboard sides? THE WITNESS: Right. MR. REESER: Okay. We're making a record. So I've just got to -- THE WITNESS: Right. Now, this isn't to scale or to rows. Like I said, I don't recall how many rows were in between. But what you would do then here is maybe you would stack two or three, whatever, you know, would build -- would build it sound. But every product is different, and it's the same thing you would do on end caps, any display. All right. What we do is run a piece of Plexiglass, which would be this little guy here. BY MR. MAFFETT: Q Okay. Yeah, yeah. That's good. A All right. This would be the case. Q All right. . A In between, you would fill. That is what would be stacked. Q Okay. A Okay. This here would be the mayo in question. Q Okay. So they would be in -- in the middle, 40?, j--L1 ] 1 2 3 9 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 17 you have below the Plexiglass smaller boxes. And that -- that you're designating -- A Well, these are -- Q -- jars of mayonnaise? A Right. These are -- right. Q Okay. A And that would be built on so on and so forth until it was the designated height at eye level. Q Okay. And the jars in the center of the display that would be stacked on top of each other, would there be anything between the two layers of jars? A No. Q Okay. A Well, not -- no. Q All right. A You'd have to run a sheet of Plexi every one then. Q Okay. And you -- in the diagram that you drew, you depicted two jars stacked on top of each other? A Right. Q Could have -- could it have been three jars stacked on top of each other? A I don't think so. EXHIBIT E CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Plaintiff's Motion in Limine upon counsel of record by personally handing same to him, addressed as follows: Christopher M. Reeser, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: 4f Richard F. F. fe Jr., Esq I or JUDITH L. CUPP and HARRY CUPP, Plaintiffs vs. WEIS MARKETS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-472 CIVIL JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held January 7, 2009, were Richard F. Maffett, Jr., Esquire, attorney for the plaintiffs, and Christopher M. Reeser, Esquire, attorney for the defendant. This case arises out of an incident that occurred on August 27, 2008, when Judith Cupp, then age seventy-six, was shopping at the Weis Market. She contends that several one-quart mayonnaise jars fell from a free-standing display and that she was injured by broken by glass. Several motions in limine have been filed in this case. The first seeks to prevent the defendant from constructing a sample display in the courtroom and in the presence of the jury. The court indicated that we were inclined to allow the construction of the display provided an adequate foundation could be laid. The plaintiff is seeking a jury instruction with regard to the doctrine of res ipsa loquitur. Given the defense that it was the actions of the plaintiff which caused her own injury, we are not inclined to give this instruction. More than two years after the incident, the plaintiff s family member took photographs of certain other product displays at the Weis Market. The plaintiff seeks to introduce these photographs as rebuttal evidence only and, specifically, for the purpose of addressing any contention that Weis does not build displays with cardboard. i R; t it ii0 v The parties will attempt to stipulate concerning the medical bills in this case. There appears to be a discrepancy between the actual bills and the total amount claimed by Medicare in its lien. Because of a scheduling conflict, the trial of this case cannot commence until 1:30 p.m. on January 26, 2009. Trial of the matter, however, should be otherwise uncomplicated and of no more than two days' duration. The usual number of juror challenges will pertain. January 7, 2009 ::: ? 6 Z4 dzt Kevin A. 'Hess, J. Richard F. Maffett, Jr., Esquire For the Plaintiffs Christopher M. Reeser, Esquire For the Defendant Court Administrator :rlm L. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP Plaintiffs vs. WEIS MARKETS, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 07-472 JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION IN LIMINE 1. Admitted. 2. Denied. Defendant, Weis Markets, believes Plaintiff knocked one or more of the mayonnaise jars down. 3. Admitted in part, denied in part. It is admitted that Plaintiff contends negligence on the part of Defendant. However, Defendant denies any such negligence. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that Alan Murdoch did not build the display in question on 8/27/05. It is denied that Mr. Murdoch did not examine the display on the day of Plaintiffs injury. As a manager trainee, Mr. Murdoch was familiar with the displays placed around the stores and is also familiar with the way that such displays are built. He can testify that he instructed Zachery Judy to construct the display in question and also as to the way that the display was constructed. 7. It is admitted that the testimony by the Weis employees, as to the construction of the display, is not identical. It is denied that the testimony is not substantially similar. Some Weis employees were more familiar with the construction of the display in question based upon their jobs. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted in part, denied in part. It is admitted that no photographs or video exist of the display before the accident. It is further admitted that Plaintiff has produced photographs of a display, taken approximately 6 hours after the accident. However, it is denied that the photographs represent the same display construction that is the subject of this litigation. 13. Denied. It should be for the jury to decide whether the display constructed in the courtroom is the same type which allegedly caused the incident leading to this litigation. 14. Denied. The probative value the recreation of the Kraft Display is not prejudicial, because it merely presents the display as Defendant's witness describes it. WHEREFORE, Defendant respectfully requests that Plaintiff s Motion in Limine be denied, and that Defendant be allowed to build the Kraft Display at trial. Respectfully submitted, MARSHALL DENNEHEY WARNER COLE IN By: Christop er M. Reeser, Esquire Attorney for Defendant ID# 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Dated: January 15, 2009 ra C .. .xs w?, ..... `? .M.,. ?$ N ?. ? ``rti ,?,, ;e?,? r??n s? L.?" `. r"?: -i-? ?? _.., ?? ..«,. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire ID #73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3509 Our File No. 16200-00313 CMR Attorney for Defendant JUDITH L. CUPP and HARRY CUPP PENNSYLVANIA Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, No.: 07-472 VS. WEIS MARKETS, INC. JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 15, 2009,1 served a copy of Defendant's Answer to Plaintiffs Motion in Limine and Brief in Support of Defendant's Answer to Plaintiffs Motion in Limine via First Class United States mail, postage prepaid as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 Attorney for Plaintiff Chris15pher M. Reeser ? ? --e?o t '. ??, t ?++? ?"+{ .p ;r- ? ':?? .- ? `r? ?' ? €? ,..? .." r.. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) JUDITH L. CUPP and ® Civil Action - Law HARRY CUPP, ? Appeal from arbitration (other) VS. WEIS MARKETS, INC. VS. (Plaintiff) (Defendant) Pretrish willbe held on 03/25/2009 (Briefs are due S days before pretrials No. 07-472 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Richard F. Maffett, Jr., Esq., 2201 N. 2nd St., Harrisburg, PA 17110,717-233-4160 Indicate trial counsel for other parties if known: Christopher M. Reeser, Esq., 4200 Crums Mill Rd., Suite B, Harrisburg, PA 17112 This case is ready for trial. The trial list will be called on 03/17/2009 and Trials commence on 04/13/2009 Signed: J Print Name: Richard F. Maf f ett, Jr . , Esq. Date: 2/10/2009 Attorney for: Plaintiff a ..................................................................................................... JUDITH L. CUPP and HARRY CUPP,:IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V ENO. 07-472 WEIS MARKETS, INC., Defendant CIVIL ACTION - LAW ....................................................................................................: CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Praecipe For Listing Case For Trial upon counsel of record by depositing same in the United States Mail, postage prepaid, addressed as follows: Christopher M. Reeser, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Dated: February 11, 2009 I-A Richard F. Maf t, r., Esq. lag rrl n r-ri RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff ................................................................................................... JUDITH L. CUPP and HARRY IN THE COURT OF COMMON PLEAS CUPP, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ::NO. 07-472 V ;CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant .................................................................................................: PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Dated: February 25, 2009 J`' `? 1 (/^ Richard F. Maffe' Jr. sq. w e;. 47