The URL can be used to link to this page

Home My WebLink About00-05786 - _.i?.. ---:-,,..?;,,,~-,~;,,,-,;,,..-,'. ~,,_-,,~;, ;d".j"<_'<'~~,"'J"'__-'__""'"--"--_,'_,, ,;~,,~ '.k. ,-" ~-,-'..~ ':"1 JANE ASKINS and JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brooks R. Foland. Esauire , counsel for the Defendant, Weis Markets, Inc., in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is less than the arbitration limit. The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Karl F.. Januzzi. Esauire. Brooks R. Foland. Esauire. or any member of the firm of Shollenberaer & Januzzi. LLP or Thomas. Thomas & Hafer. LLP. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, THOMAS T S & HAFER, LLP by: Broo R. , Esquir I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Date: '/TI6 f Attorneys for Defendant ~, . ,- -'.,' "- -.,_.' ~_ c_ _ ,~' c'''. .__, ""~ ", ~"-o ;.___",,__~_<y'.,;;~ - .;~"." _,~-:.." ,;.c ___ ,",,__ " '-'--",".., ".,- JANE ASKINS and JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED ORDER OF COURT AND ~OW, L~ 7" ' 2001, in consideration of the foregoing petition: , ~ /~~SqUire, .JM/U/.v ~)IJ'/~// Esquire, and 1JL4A1t'.d ~~.Ie '9',} Esquire, are appointed I arbitrators in the above-captioned action as prayed for. BY THE COURT: J. , , ,-- ^' - ~ _ ~v,_ e__ ,"~-- ~,';"" oi.';.;'''/''''. -,~' d', ",'~'c" -"-';~"L"'-"<'-'_""_C'-"',-_;);",,; ,- ,-i-,<, _',^,. YJ)' . CERTIFICATE OF SERVICE AND NOW, this 5-1hday Of9l./Vt.R.....r ,200},I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road POB 60545 Harrisburg, PA 17106-0545 ~ - ~ Coleen M. Polek ~ ----i~~~~I~;;!:,:t.!i<X'~t."","'M;V&."",M*;.'IJ;l;i&t4!.nil1M! M'_;~_'~..i.~'~~,"" ~ - '-'-" ,~ ,",--' "'"" - . .,"~ ~ 0 '<l. Ff: ~ t () 0 C> CJ ~ c: ~ c "'O~i " L.. C .7v -V !pm :;z en ~ Z"-- ~ ~ (f) ,S;: I ;;-:{fJ -<"";" 0", " -~ . ~e >-.;(J ~o -0 /~:n ~ ~:t: ).>0 ~;o? ~lo c: o,-n of- ~ '::J b' -( f'" 5j -< \t1NVi\"1'\SNN3d JJ.Nn08 mN1H381^ln:) L G :f; Wd L - NOr 10 J.8iV' -" ,.,,"', , ',"" dO l' '[\\1.)'1"1" ~ \"":'1 - 0_" , , ,-" +.,j'~''', -.' -'- :j~jl:bO-G3"jL1 " ,~, 'M .,., . .-, . "--, - ~ ~-- , " . ,"~ ~-.:., '. '- , ~.' ~- - -~ JANE ASKINS and JAMES ASKINS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 00-5786 WEIS MARKETS, INC. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 25th day of October, 2001, at 9:00 a.m, in the 2nd Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated: )O~/'(;'OI ilt.- William C, Kollas, Esquir , Chairman cc: Karl J. Januzzi, Esquire Brooks R. Foland, Esquire Darrell C. DetWefs, Esquire Charles E. Haddick, Jr., Esquire " " '<, h,' 'o","'''''.Y.-,-' "<,-~;. ""'.>_ '.';"";';___JO ""''''t';>< '--;-'<';;~;.2't..".<." -~:-"0_"-:~'-""" 't",-w:-- ,< _.', ';~>:i,.j , .. SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff JANE ASKINS & JAMES ASKINS, Her Husband, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (To - 07 g-ro WZ WEIS MARKETS, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED " : ';;ji:;\:j;~l,;;i;l~~!;~;~,~n':~;lli;~l~\!~:l:,!;~:j!i:l;jjj]~!i:l;~i~~:;~;~::~~;::~:i~;:;:;:~:~]\,:.~~:~~;~!;]:!;:;t:!:~~li!l;!;ijlllWi!~~;j):~;!j;:;;;:;~II"i\,~:j: :j;::.i'i,;:;;;:;!l;:i;ii~;;:,i'j::;;::;::;:::;~:';~::;"I::-i~:I:!~,. .: ::~' ,; - 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 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 SHOllENBERGER & JANUZZI, liP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 't -. c , " " ~~ -" '_;.~ . ,",",'-;~;,.;",c,i<-_~:,>;, ',' ,,.;,,'" ,-" '"'-' _' . ._",~<,,,,'_,',,' ,.~,,' , --"-.1 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff JANE ASKINS & JAMES ASKINS, Her Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. WEIS MARKETS, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 (717) 249-3166 ,.1 ,-'- ;-c.,_,_, --~", ,',--,; ~._ ,u, , "" _- ~ : ~,__~ '"" ., ',- _~_'L '._-.-,i__;;",:L~::"~_I-'''_ ,t,,-!: .'-, G.,. - ,~___~~:';'-!~;;;il SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff JANE ASKINS & JAMES ASKINS, Her Husband, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. WEIS MARKETS, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW come the Plaintiffs, JANE ASKINS & JAMES ASKINS, by and through their attorney, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiffs, JANE ASKINS & JAMES ASKINS, are adult individuals who currently reside at 222 Verbeke Street, Harrisburg, Dauphin County, Pennsylvania. 2. The Plaintiffs, JANE ASKINS & JAMES ASKINS, are husband and wife. 3. The Defendant, WEIS MARKETS, INC. is a Pennsylvania corporation with corporate offices located at 100 South Second Street, Sunbury, Northumberland County, PA 17801. 4. The Defendant, WEIS MARKETS, INC. operates a grocery supermarket on 431 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 1 SHOllENBERGER & JANUZZI, UP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 " ,~, , '. ~.,~ . , I ,~ ,. '-'>," --'''',-,'-':, _". do. ;--,<"';..", --.-'- .. ',; __., --:,,~"',' ,;""'-;d'<-_o;J;;'j':;;,,;,,~~ -'''~"'"--;''---',J . 5. The facts and circumstances hereinafter set forth took place on May 1, 1999, at or about 10:00 A.M., in aisle #7, at the Weis Market on 431 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Plaintiff, JANE ASKINS, was shopping, pushing a grocery cart. 7. At the aforesaid time and place, a stack of boxes of grocery products blocked the shelves in the aforesaid aisle in which Plaintiff was shopping. 8. On the aisle floor, adjacent to the stack of boxes was an empty grocery pallet. 9. Plaintiff was unaware of said pallet. 10. At the aforesaid time and place, Plaintiff reached around the stack of boxes to retrieve a product from the shelf. 11. Upon removing the product from the shelf, Plaintiff placed it into her shopping cart. 12. After so doing, Plaintiff, took a step, tripped on said pallet and fell. COUNT I JANE ASKINS v. WEIS MARKETS. INC. 13. Paragraphs 1 through 12 of Plaintiff's Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 2 SHOlLENBERGER & JANUZZI, UP 1820 lJNGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 ... " _."i ", , wc- -;", _.~, ,;(, ~" .<-'t,;~ ,'''" '-'c--,,,C""".'., " "-~' ,.,-,,,',/,,,~,.,~-- ", " 14. The aforesaid incident and resulting injuries to the Plaintiff, JANE ASKINS, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, WEIS MARKETS, INC., which consisted of: a. Creating a dangerous condition in a shopping aisle of its supermarket in the nature of an obstruction consisting of stacked boxes of products and an adjacent grocery pallet; b. Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; c. Failing to provide any warning of the above referenced dangerous condition; d. Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the aisle and the risk involved; and e. In creating a situation where it would be necessary for patrons to encounter dangerous obstructions while in the course of retrieving products from the shelves. 15. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, WEIS MARKETS, INC., as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff, JANE ASKINS. 3 SHOLLENBERGER & JANUZZI, UP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 ~ I ,,' .. ,_ :, _~' M',-,",,"'",,-, ,-",,-,"-"-'-, ~-"~ ~-">,;,--,,-;,, ",,>:";, ;0 "",,-'>< ::;;'''. ~<-;,~ i.,- ',-:':':-.' ~;'~;':-"-A--~ .,' ''"''''-~~ ',,-~--"~, ,--- " ';,";'~;:;i 16. As a result of the aforesaid incident, Plaintiff, JANE ASKINS, has suffered serious and permanent injuries, including but not limited to the following: a. Impaction type radial head fracture of the left elbow with displacement; b. Shock to the nerves and nervous system; and c. Mental and physical anguish. 18. As a direct and proximate result of the aforesaid injuries, Plaintiff, JANE ASKINS, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, JANE ASKINS, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, JANE ASKINS, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 21. As a further result of the aforesaid injuries, Plaintiff, JANE ASKINS, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 22. As a further result of the aforesaid injuries, Plaintiff, JANE ASKINS, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. WHEREFORE, Plaintiff, JANE ASKINS, demands judgment against the Defendant, WEIS MARKET, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. 4 SHOIJ..ENBERGER & JANUZZl, UP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. fAX (717} 234-8212 ",,' ,U,-, -,;';, _ <..,', . '_, ;,"^ '< "'.;,,~ -' , - ': ",~'" ";"'';';'~';',--c;:'i:'',,':':: -'-"-'"".,j COUNT II JAMES ASKINS v. WEIS MARKET. INC. 23. Paragraphs 1 through 23 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 24. As a further result of injuries sustained by his wife, Plaintiff, JAMES ASKINS, has been and will be deprived of the assistance, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, Plaintiff, JAMES ASKINS, demands judgment against the Defendant, WEIS MARKETS, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: i, Esq. I.D. No. 65575 Dated: August 17, 2000 5 SHOU.ENBERGER & JANUZZI, UP 1820 UNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 [717) 234-3700. FAX [717) 234-8212 ~ ~ ~ " ,. ~ '.-0' :C', .'c,,,, "" 'C ........ " AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF DAUPHIN I, Jane Aski ns , being duly sworn according to law deposes and says that I am the Plaintiff in the foregoing action; that the facts and allegations contained herein are based upon facts given by me to my counsel and are true and correct to the best of my knowlege, information, and belief; that the language of said Corrplaint is that of my counsel and that I have relied upon counsel in making this Corrpl a i nt based upon my information. ~c!, (/ ~ Sworn to and subscribed before me, a Notary Public, this 17th day of August, 2000 , 19 """'.---iJ NOTAA!\l SEAL MARJORIE MCNAUGHTON, NOlary Public J.u~p!'~nna lWp'" Dauphin COIllltY .00' "",,,mission EXPlfllS Nov. 27, 2OlJO -'_.----.,.-~-"""-... SHOLUNBERGfR & 1,\NUZlI. LlP 18~O Ll~GLESTO\\'N ROAD. PO 80X h05~). HARRISllURC, PA 1-106.05~5 (~17) 2J4.FOO. FAX li'li) 23~.8212 ,,: l p~ DU('-.'" rlOAVIT ~~~~~ ,--. ~t~~~-',~,,;~,,_,.. '~"_ eo " . _" -.".. ,-- .",,,'." _"",-".!,"",b"';"'if__~' ". . ~ ,4 ~~ '~""'"'K.iiililiii'!l! '~"""'''~~ ~- ~~~ -.. ~ ~~t -.t) ~ ". ",~.'- . -" ")... , " FD c1 ~?~ "'^. ~ , - - '" - ~, - ,,-, , ~- - " ]j ~._llli ~'.- 0 0 0 C~ c:> <'" Tl ~~j t: ::J '7) --:11?1 cr ". N '~tSPJ ) .--> N -<'7 !,:::L:~ ,",C ":::. J j; ~ --'r,-i ~t~ --":.. --;;~5 -n is ~('5 c "'-m ~ ~ :..n ~ C1\ "-, ~~ . "1i;:1 I I i I I I I I ~ . JANE ASKINS and JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, bY~~&~ Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 J r_, '.~. . - '.-. .', - " - ,- ." -r", ' ,.",,-,k; ,- ~",\-.' ;., ".,-, ,,'> "--:;';.'i'._", ~" ~' }..' "";;-'''1 JANE ASKINS and JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes Defendant Weis Markets, Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer with New Matter: 1. Admitted based upon information and belief. 2. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 2 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 3. Denied as stated. Defendant has its corporate offices located at 1000 South Second Street in Sunbury, Northumberland County, PA. 4. Admitted. 5. Admitted. 6. Denied as stated. Defendant admits only that on or about May 1, 1999, at or about 10:00 a.m. that Plaintiff Jane Askins was Shopping at Defendant's store at 431 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. Any and all other allegations contained in paragraph 6 are specifically denied and strict proof thereof is demanded at time of trial. 7. Denied. It is specifically denied that a stack of boxes of grocery products blocked the shelves in aisle seven in which Plaintiff was shopping. Any and all other - "M_"~ ~ "~. - ^'^-"._~. -"'h "",. ~ . ". h' - allegations contained in paragraph 7 are specifically denied and strict proof thereof is demanded at time of trial. 8. Denied. Defendant specifically denies that an empty grocery pile was adjacent to a stack of boxes. Any and all other allegations contained in paragraph 8 are specifically denied and strict proof thereof is demanded at time of trial. 9. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 9 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 10. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 10 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 11. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 11 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 12. Denied. Defendant is without information or belief as to the truth of the averments of paragraph 12 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. COUNT 1- JANE ASKINS v. WEIS MARKETS, INC. 13. Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 14. a-e. Denied. The allegations contained in paragraphs 14 a-e are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 2 ^'."~.: 15. Denied. The allegations contained in paragraph 15 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 17. There is no paragraph 17 contained in Plaintiffs' Complaint, as such, no answer is required. 18. Denied. The allegations contained in paragraph 18 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. The allegations contained in paragraph 20 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The allegations contained in paragraph 21 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 22. Denied. The allegations contained in paragraph 22 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 3 ,.~" . -,;.' _",_);,;_",~~"~'"','~""'_""~"."'O.'__ e- .~";o""-__"_'';'''~''''''"''',,"' "" ,'~,,~ WHEREFORE, Defendant Weis Markets, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Jane and James Askins. COUNT II - JAMES ASKINS v. WEIS MARKETS, INC. 23. Defendant incorporates by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 24. Denied. The allegations contained in paragraph 24 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Weis Markets, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Jane and James Askins. NEW MATTER 25. Some or all of Plaintiffs' claims may be barred by her own comparative or contributory negligence. 26. Some or all of Plaintiffs' claims may be barred or reduced by her own failure to mitigate damages. 27. The skid located is aisle seven at the time of Plaintiff's accident was open and obvious. 4 ~ r_ - "'I WHEREFORE, Defendant Weis Markets, Inc. respectfully requests that judgment be entered in its favor and against Plaintiffs Jane and James Askins. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP \/\ by: '\ Brooks R. Foland, Esquire I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 :110785.1 Attorneys for Defendant Weis Markets, Inc. 5 .,. " rr-'''_ ,c_ ~. ',.., ~",_c" . ,", . ..V"'~.~ ."_' - . - , ".~'_' ,. ~ ".' __c' _,_, '"fr'C- -,~~~. "" ",,"'.. '0""",--"" o~_ j'~ VERIFICA liON I, Bart Shaffer, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. ~ 4904. -~..-~- 4:: ''''"" ",,\ ~.~ for Weis Markets, Inc. ;",'",'o:>r;;:,-'--- ~ ^< - '~='"I CERTIFICATE OF SERVICE '2i..ih, Q~ AND NOW, this ~ day of ,20rJ!.., I, Coleen M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the fallowing: Karl J. Januzzi, I;sq. Shollenberger & Januzzi, LLP 1820 Linglestown Road POB 60545 Harrisburg, PA 17106-0545 ~ ~~~Ji~~liilt!ltl!il!il!8~~k!r.,'i~1'.l""~"'~~14Ill.;l!l)j~~~~'"' o.~,~,'_"_ ~ ~ ~"'~." . '" ..~ 2 <- "'tJ0-1 mr:' z '. :2'-1,' ~~~; t=:C: ):>: Z() ~C) -c: z ::< , ^" -,-" ~-~"," r.:;1 a o c') -I W o T: :~::f fill::;] ~g2~1 ~~,f~i cy',oj 5:! ::0 -< -'" :i;~ r:-? ':.) r0 -~,' ~ ,~c ' ,~~. ""- , .""".~.-,,,'..i.' "', ,,> .', ~'>' .. """'-,_",'f,",~. ;"--.<' ,.,,"' .:i., _ "';'1 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff JANE ASKINS & JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5786 WEIS MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, JANE ASKINS & JAMES ASKINS, Her Husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and files the following Answer to Defendant's New Matter: 25-27. The allegations contained in Paragraphs 25-27 are conclusions of law which require no responsive pleading. To the extent that a response is deemed to be required, the allegations are denied pursuant to Pa. R.C. P. 1029(e). WHEREFORE, Plaintiffs JANE ASKINS & JAMES ASKINS, respectfully request this Honorable Court to enter judgment in their favor and dismiss the Defendant's New Matter with prejudice and grant them the relief requested in their Complaint as a matter of law. Respectfully submitted, By: Date: November 7,2000 ^ . ~~,- -' - '-._- ,- -~-. " ,'. - - ~, .'~- .-- ~"- -'- - -- .:,-~-.-,--" -,,,-~ ,--,~'.;;.;:.,-,,' .,~> ~ .. ;. ~I " SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff JANE ASKINS & JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-57867 WEIS MARKETS, INC. Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this 7th day of November, 2000 I hereby certify that I have served the following Answer to New Matter on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street, 6th Floor Harrisburg, Pa. 17108-0999 Respectfully submitted, By: JANUZZI, LLP Dated: November 7, 2000 , ",~~"- '~- '< :,,-,..;;,",",~ -'"'.l~@!t1i'l1lll"i.;r1)..._"~!li,)Jt,;..m!wm~ iJl1i"-1 ietllllii'C< ~~ - ~iI-il!~'- "~,~, ,-. 0 0 .'-', '--~ C C) ~:;: "":.l;": -00:" I::-~ mf: 2:r' I 2C Q ~t: ill () ~T; ;:;r- -I' Z\..;.: };::-'''j >~ 1"',,) ~;r1 2 ::> 53 :::;! <0 -< t{ "-=, ,k-,,~.~ .......,'~"'" ,. ~,;O,,;.! SHERIFF'S RETURN - OUT OF COUNTY J- CASE NO: 2000-05786 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ASKINS JANE ET AL VS WEIS MARKETS INC R. Thomas Kline duly sworn according to law, says, that he made a diligent search and , Sheriff or Deputy Sheriff who being and inquiry for the within named DEFENDANT WEIS MARKETS INC but was unable to locate Them , to wit: in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within COMPLAINT & NOTICE On september 14th , 2000 , this office was in receipt of the attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge DEP. NORTBUMBERLAN 18.00 9.00 10.00 28.62 .00 65.62 09/14/2000 SHOLLENBERGER Sworn and subscribed to before me this /f} 1B day of ~ .:l,uvo A. D . ~ 9;o~~rr homas Kline eriff of Cumberland County & JANUZZI - ".~ " " - ,~~.- ~-. - ~?, , In The Court of Common Pleas of Cumberland CountY, Pennsylvania . Jane Askins, et. al. VS. . Weis Markets, Inc. N020-5786 Civil Now, 8/23/00 , 20 () C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Northumberland County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . .. r~~~~"' 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 Imovvn to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before methis _ day of , 20 COSTS SERVICE MILEAGE MFIDAVIT $ $ '<, , ~ M. __.____. ',' ;b.k-.<,-"-'~' ',,~-.,"' b-""" - _,-__,~,"", -,,{.,"-; .-~',A--~""';;--i<_'--:-_~-"'"--;~" _Ni~'->,] - JANE ASKINS and JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant Weis Markets, Inc. in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP by ~..~ I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 ,~-" --~,,' ",-~ -- ,'-~-- - "_'n,;, -~__,..=,_c_,:-,',:,,;;;;_,,,--;.,~"",.;"__ "-",_"~: --""w,,", ~ __~ ,-<e'" . CERTIFICATE OF SERVICE AND NOW, !hI, till ~y of M /Jq, 2O<b\ Col"," M. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road POB 60545 Harrisburg, PA 17106-0545 ~ Coleen M. Polek c."" 0" ~",,'U~~~i;;tt~~~_,ilt~!il~~';;;' N ~ ~'" '" ,-""',' L. " ." - -~ ~ - - I 0 0 0 c 0 -n g: ", ~- '"tl(J:; rf'\ ,. --n rTl.'["n -0 \~.~~ Z-'" :d~ ...., ;? UJ,..!.;:,. f'J --",( ) ~",--- ~'r. :t~ ~c -0 """ 'CJo ?2.c -- -6 o(T1 ;pc -I ~ r:- 51 (J'\ 0< ~ , <',,;. '0 - '!1: " THOMAS, THOMAS & HAFER LLP Brooks R. Foland, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 1710B-0999 (717) 255-7626 (717) 237-7105 (Fax) JANE ASKINS and JAMES ASKINS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER llP Date: September 29, 2000 .y~ BROOKS . FOLAND Attorney for Defendant 2) . ~ ^ ~ ',,--,,_~,"",_.-_ "'--:.:".'__ ~,. - u, ~._, -;-,--""",;:;~_c:~;___",--_ ,-.'cO , CERTIFICATE OF SERVICE AND NOW, this 29th day of September, 2000, I, BARBARA ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road POB 60545 Harrisburg, PA 17106-0545 ~a.~ Barbara A. Onorato Paralegal Date: September 29, 2000 ~" _.-, - ,'-'. ,~" ____ ~' - ,-, V-'_,,_ ;~,',.;,<> C,,;"., ~""._ ._ ",_',j,~;; ",_, :-.")-:1 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVil ACTION - lAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Polyclinic 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: Any and all medical records, reports, treatment notes, bills, writings, correspondence, etc. for treatment rendered on behalf of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, llP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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: Prothonotary/Clerk, Civil Division NAME: Brooks R. F\lland. Esouire AODRESS 305 N. Front Street. POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Deputy Seal of Court DATE: 'I '" .. ^~- .'. . .' . -~" ",,-_w ,,", ,"'h ,-,,' .,~' "'-",~. ^",', ;:"j;-J . "" ,-, , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Kline Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, bills, writings, correspondence, etc. for treatment rendered on behaif of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland Esquire ADDRESS 305 N. Front Street. POB 999 Harrisburg. PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Deputy Seal of Court DATE: ~--~ Ii',-:'S., ~" -, ," '-_,-~\-J___,'" ~, ~~"'<, ,-,'-C" 0., .t-, "0<'-'0 ,~, ,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS F'OR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopedic Surgeons of Central PA (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: My and all medical records, reports, treatment notes, bills, writings, correspondence, etc. for treatment rendered on behalf of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland. Esauire ADDRESS 305 N. Front Street POB 999 Harrisbura PA 17108 TELEPHONE: (717\237-7141 SUPREME COURT ID No: 70102 ATTORNEY FOR: Defendants Deputy Seal of Court DATE: 2L'" "'- b\iiil""=' '~li<JIilii~liwIl_jil-'ill''i:r;'''@;l.~I~~~''-lIi'~JjliWJiJ. 'mrjil'--"~ . ,. . ~~ . <" '.~".",-, 'r.' ~:. ._ , '.'" -;0 ", . """-"'" o c: =" :::-.:-.-. "1Jll' rn---' 2.~,,;, 7' SJ~'~ ~ili z -j -< .." '.'-" --" ~ --. C) c.) a ('J ~..~Q 1J) ~,~ \.0 ~') (J,; ~ . I: !i C) -r; r~.; .-") rn Ji;:;' :0 -< . THOMAS, THOMAS & HAFER LLP Brooks R. Foland. Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 (7171237-7105 (Fax) JANE ASKINS and JAMES ASKINS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant I JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA DISCOVERY PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoenas 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) Karl Januzzi, Attorney for the Plaintiff, has waived the twenty day rule. 4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. Date: October 24, 2000 ~Al & HAFER LLP By: BRO -R. FOLAND Attorney for Defendant THOMAS, THOMAS & HAFER LLP Brooks R. Foland. Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7626 (717)237-7105 (Faxl JANE ASKINS and JAMES ASKINS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED CE~TIFICATE OF SERVICE AND NOW, this 24th day May 2000, I, BARBARA A. ONORATO, a Legal Assistant at the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 1820 Linglestown Road POB 60545 Harrisburg, PA 17106-0545 Date: October 24, 2000 ~()~ Barbara A. Onorato Legal Assistant "-",--~' '" '" ~-, - ~ -"0 l ( ( THOMAS, THOMAS & HAFER LLP Brooks R. Foland, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 1710B-0999 (717) 255-7626 (717) 237-7105 (Fax) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas If no objection is made, the subpoenas will be served. THOMAS, THOMAS & HAFER LLP Date: September 29, 2000 BY~;Cb BROOKS . FOLAND Attorney for Defendant 2 ) 0 (::> <=2 C 0 -..Jl~?; 'J :: 1T1 r~' ~ c; ~~ Z:C" -< - 6S I '", - --< ;..:... \0 - ~L " -, "Pt- = , 7' . -" ~~ ~-::;r1 Pc >.C ,"- '" "- ~ 5~ 'Jl -, , / ( / T t CERTIFICATE OF SERVICE AND NOW, this 29th day of September, 2000, I, BARBARA ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Karl J. Januzzi, Esq. Shollenberger & Januzzi, LLP 1820 Linglestown Road PCB 60545 Harrisburg, PA 17106-0545 j;~ C.~ Barbara A. Onorato Paralegal Date: September 29,2000 ",:.,." 0' " > I ( ( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Polyclinic Hospital (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce ttle following documents or things: Any and all medical records, reports, treatment notes, bills, writings, correspondence, etc. for treatment rendered on behalf of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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: Prothonotary/Clerk, Civil Division NAME: Brooks R Foland Esouire ADDRESS 305 N. Front Street. POB 999 Harrisburo PA 17108 TELEPHONE: 1717\237-7141 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Deputy Seal of Court DATE: , ~ . v" ~'" n ,,' , . , ( ( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Kline Family Practice (Name of Person or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, bills, writings, correspondence, etc. for treatment rendered on behalf of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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 Qrder compe"ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland Esouire ADDRESS 305 N. Front Street POB 999 Harrisbura. PA 17108 TELEPHONE: (717) 237-7141 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants Deputy Seal of Court DATE: ,"" r~ . , "-- -{;; . , , . ( ( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JANE ASKINS and JAMES ASKINS, Plaintiffs NO. 00-5786 vs. CIVIL ACTION - LAW WEIS MARKETS, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Orthopedic Surgeons of Central PA (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical records, reports, treatment notes, bills, writings, correspondence. etc. for treatment rendered on behalf of Jane C. Askins, d/o/b: 3/25/38; ssn: 179-30-3482 at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, POB 999, Harrisburg, PA 17108 (Address) 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 coui'forder compelling you to comply with it THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Prothonotary/Clerk, Civil Division NAME: Brooks R. Foland Escuire ADDRESS 305 N. Front Street. POB 999 Harrisburc. P A 17108 TELEPHONE: (717) 237-7141 SUPREME COURT 10 No: 70102 ATTORNEY FOR: Defendants OeP"ty Seal of Court DATE: ~B~~O.iJ~ifuili1:.~Jti,i'f~~i':ljj,W!ilJ;".i:ljii!'i~~r;gL1flat!zi':';"-0 "i_:"'_'_~lmi"",""-i;~,~~~$i""-'.iiw.~~~~-"",.","u"",,,,__j,_-~ -~, - ~- ~" . . , ~ g 0 0 C> .,., 0 ~' n :c,:j 1"1 :0 ..... [1'131 ~~ N -'.If; -.j :-8' , 01, ~ " .:;j-+~ 5>8 ::x (5-~ ~o ~ -"fn ~ -" c ~ -< ~ ",,' - "~.:' '. ," ,-,~ ,+~', - ~J''';"-"-'''' ,~":,_ '_,c '~;""'0~,~;',""";---", :',,, " ";"1 SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs JANE ASKINS & JAMES ASKINS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5786 CIVIL ACTION - LAW JURY TRIAL DEMANDED WEIS MARKETS, INC. Defendant AND NOW this {).,{) day of November, 2000 I hereby certify that I have served Interrogatories & Request for Production of Documents to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North First Street P. O. Box 999 Harrisburg, Pa. 17108-0845 Respectfully submitted, SHOLLENBER R & JANUZZI, LLP By: . Esq. . #65575 Dated: November JO ,2000 . .., -'';''''~ - I - -';'iI~iI~~i!j;W~_JF<'i",~~~~&il.A L~,. ""=."., ~ ... ~-- ~ '--,,"="~-" --~ ~~~ .-",.,p., 0 .",! c: '---- ~ e] i:~',) nl?';:' ~(.~; f.v en 1"-.;' -< \-::; '< )> c; Z C! > C.: i"~) -~-'" L. :..:> :<. ~-J - i I,: 1 ~ ,. i) , I~ !~ ~ q I. I'i,' i } :~ " " i I' Ii i~ I' ,I ) ~~ _ '4-_ , , -,' ',j ,......M...; ". .... SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs JANE ASKINS & JAMES ASKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5786 WEIS MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO TAKE DEPOSITION TO: WEIS MARKETS, INC. c/o Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, Pa. 17108-0999 PLEASE TAKE NOTICE that pursuant to Pennsylvania Rules of Civil Procedure No. 4007, counsel for the Plaintiff, JANE ASKINS, will take the deposition of a representative of Weis Markets, Inc. for the purpose of discovery and for use as evidence in the above action or for both purposes before a Notary Public of the Commonwealth of Pennsylvania at the offices of Thomas, Thomas & Hafer, 305 North Front Street, Harrisburg, Pa. at 10:00 A.M. on Monday, March 5, 2001, or before some other officer authorized to take depositions on all matters, not privileged, which are relevant and material to the issues and the subject matter involved in the pending action and that the said representative is required to appear at the aforesaid time at the above address and submit to such examination before said Notary Public. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP Attorne for laintiff By: Date: January 22, 2001 ,', ,'.", ,'-' '-,'-,'- '..' J ".. SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs JANE ASKINS & JAMES ASKINS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5786 WEIS MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this day of 22nd day of January, 2001, I hereby certify that I have served the following NOTICE TO TAKE ORAL DEPOSITION on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, Pa. 17108-0999 Respectfully submitted, SHOLLE By: Dated: January 22, 2001 ~~9t~~,Ml;;ij~~Mi,w!;I~~~iIIllh..~ll<""ii-; - ,,- _.,~- "~ >~--- "~ '_';;,h'''''~J\,;'''''',,'k1!~;~;t m.l "._~,',=, _,,_ u'~'~'~' _~', ,~ h ." '>' ~'iU~ik:\luiI,'\~~'_""~-'.-~~ ~ -,-, .... 8 c:> 0 ., ;s: L_ .., "'tJIJJ "'" ~:;':o mrn z z:x; 'j- N -,.--r11 "'7 1);' ':}JO ~ - w ~,; "6 L, c_ kG "j -0 ,~'""TI ~(') ::It 0" '~"""(J- ::<>8 3m ~ w ~ 0 '< .~~OO_ ,,~.. ~ > > ,~- ~ ';',,_~ '-'-i~ ~"",..",~,-,,~ _"".'< '-, ,--',;- "^ --",,_ ._^~____, ,:-,-'...;"o,'-~_~'~_'_' ,",____" _,,,",,__; SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs JANE ASKINS & JAMES ASKINS, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5786 WEIS MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED Certificate of Service AND NOW this day of latJ..- day of March, 2001, I hereby certify that I have served the following INTERROGATORIES PROPOUNDED TO DEFENDANT, SET NO. TWO by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Brooks R. Foland, Esq. Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, Pa. 17108-0999 Respectful y submitted, SHOL E GER & JANUZZI, LLP By: Karl J. anuzzi, Esq. Attorn y I.D. #65575 Dated: March / d- , 2001 SHOUENBERGER & JANUZZI, UP 1820 LINGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 ~~V'. -; ~'~~""'"~jn. .' ~~"'U'M;ift~~~tim''1ir'l''~i1JI!l.M,' ,- "-Y"'.""-',_. '--*",",JJ~ .sriIillIi .' ~ , -~ 0 Cl 0 c: " S. :Jt -ow )..~ L_-.,.... rnrn :Xl ;-n:,~ Z_., , ~.)~' =~'=~ ~ Zs:- W (J)'; Cg~ .,< ,-' r::O -'0 < ~Q :x -u : PC: ---"1 ~ <::> ~ I~ " '~ ) I w( Pf-J4 A/S WD J 4-wls A4t1N~ I Pt.if~ ~ t>S ) WfI"; MUktts l/.fe... I '!Jf'PaJPtJns ~ .-1:; ) lve do solemnly swear (or affirm) the Constitution of the United States wealth and that we will discharge the - -0 ~i, ,'- '>'l--i In The Court of Common Pleas of ./ Cumberland County, Pennsylvania llo. ()O , ~7lif, H ; , OATH that we will support, obey and defend and the Constit~tion of this Common- duties of our office with fidelity. U~ Chair.nan ~ <-" AWARD We. the undersigned arbitrators. having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) ~f-~~ pQ;\ rc t\Oe:fhl~ applicable. ) Date of Hearing: l(J-'L)~ 0 { . Arbitrator. dissents. (Insert name if Date of Award: .,-0 - .~ Chair.nan NOTICE OF ENTRY OF AWARD Now, the J.6 day of D('1;JU>ll award was entered upon the d~et~a~d parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ J/j(). 00 , ~-.JDl, at/~, A:,.a., the above notice thereof given by mail to the . ~;. --<' - ,,-',,~, -': _:~,-<.---;: ~m.~~r",;i""_'''>l#k',f,i,bri,-,,,,;'''''-''"g~;:mf~H~~''';'_I1WitW,LIi'.- ~.=~..._~, ~"~~I/l"""'-'- -'~' 'iiI- Cho-d€-~ E. .IJ~ck:llck / 1" r. e6~. db. ~. .3:9 itI ~~. C~ #ill ?A- /70/( ili f'reJ \ e. 'ktiL t€~-5 I ~b' H605 Mar~t-:st. 4 (' ^'"f {.Ji II r fA- 1761 ) ~ ,s.....:u., ~ ~ o 0 C _ 0 -;1 $: a , -O{JG ::-? nlf~.~ ~ ----,--, z::c' . - ,--,. ZC N -~!rT1 ~..I;:: (,n ,,' r: CJ ::J ~:> ~ :L~~ ~~ ;; i~.js;' _-,j 0 ~.----, -< I.D -< william C. kDIIC\[) , ~ /"'-u.-' ~ l/rY-! fe(#JwctJ, 4ve..- .~ /0'/ CAmp -Hill PA- /15/1 ~ ~ . (. /;liojo.u - ., ~oJ{tt, {11~- -Ie -PI~~ -+))eft Mty.5. ~zz:j g fQlalJd I" ~ -,~ ," . , , . -, '..> ,~- '--'~, - "-~ ^-