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Home My WebLink About03-3052 SHIRLEY BONEFANT 2418 New York Avenue Camp Hill PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.(,,).1-]GSJ.... C?;ui.l'-r&~ Civil Action - (X) Law ( ) Equity W.O. BRISBEN COMPANIES, INC. 7800 East Kemper Road Cincinnati OH 45249 versus Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. --L Writ of Summons shall be issued and forwarded to (X) Attorney ( ) Sheriff Stephen G. Held. ESQ. ~I ~ 17 HANDLER HENNING & ROSENBERG n ur~orney 1300 LinQlestown Rd, Harrisburg, PA 17108 717-238-2000 Supreme Court 10 No. 72663 Names/Address/Telephone No. of Attorney Date: June 25. 2003 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY NOTIFIED THAT THE ABOVE NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~~oi.~. ~ Date: ,J..-u)~ :2L/{ J.00..6 'by.. 0~ ~p .~(~ ' D"uty ( ) Check here if reverse is issued for additional information ):J (0 "'l.. ~ ~ ~ ....... s (") a 0 e """'- C> c:: (:...0 ., W :;- ..0 G""- un; c::: ~ ~ nlrn <;;t.= " ~ Z:.:.r' P 6j::'.~ N ~rn c...., V) 0' ,jO r>c' -~ j .....0 ~,Ci i? <:' -0 --"'1'1 ;t"c:. :x :--"j:;P ZC" -~ L ) )> ,., W ;~~Crl ----1:- C -? ~. .:.;) 55 =< -< SHIRLEY BONEFANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3052 Civil Term W.O. BRISBEN COMPANIES, INC. Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE This is to certify that on the 18t day of July, 2003, a true and correct copy of the Writ of Summons issued to No. 03-3052 Civil Term was mailed to W. O. Brisben Companies, Inc. at their place of business located at 7800 East Kemper Road, Cincinnati Ohio 45249 via certified mail, return receipt requested. A copy of the Receipt for Certified Mail, No. 7002 3150 0001 7571 5947 is attached hereto. St Coun This is to certify that on the 3rd day of July, 2003, a true and correct copy of the above-noted Writ of Summons was served upon Defendant via certified mail, return receipt requested, as evidenced by the signed Certified Mail Receipt No. 7002 3150 0001 7571 5947 attached hereto. Sworn and subscribecl. to before me this 7 2...~ day of '\.. L J_ ,2003. \ \t)Q"J~l.~ Nota y 'public Notarial Seal Becky s. King, Notary Public Harrisburg, Dauphin eounty My Commission Expires July 15, 2004 Member, pp,nnsvlvanla AsSOCIatIon of Notaries I"'- ~ IT" Ul OFFICIAL USE Postago' 1-1-'D3 M I"'- Ul I"'- M CJ -, CJ CJ Certtfied Fee Return Reciept Fee (Endorsement Required) CJ Lf'1 Restricted Delivery Fee M (Endorsement Required) m ""In",,,, Uere Total Postago & F... $ ~~t~~:~~!;:~:::~:~;:B~'::=~=jt=::~::t: City,State,ZlI'>'C ' ->-- . ,~"" ,/ "t~\",,,,,, I I On -->;)'1"1 t COmplete Items 1, 2, and 3, AIao complete . ~em 4 if Restricted Delivery Is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maliplece, or on the front ff space permits, 1,Artlcle_to, , (}J.O :t3r(>b~~~\es, J,M.c. . '78 cO e, r~~ '?,d. ' C~I!.,~vt().+i ~ Lf5 )..<-f~ 3, !lelvice Type ~'., [J _ _ [J C,O.D, ., R_ Delive<y? _ Fee) CJ Vee 2. icle Number (Copy from service label) 7002 3150 0001 7571 5947 P Form 3811, July 1999 Domestic Return ReceIpt 102595.QQ.M-0952 ( ( ( ~ - f i t { { 0 c:~; c 1-"':.; ~. 'S~ ~ { ,J ti ,..-- ~ n 1 -- ~~ ~<. '" (f) G~ L; -"1:-' ..,':.: C L ( -h. r" -. ~,~ ) - ()i 1 } ) ) (') "i] '1-) ITl , , ,~::l )> 'J] -< SHIRLEY BONEFANT, 2418 New York Avenue Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3052 Civil Term W.O. BRISBEN COMPANIES, INC. 7800 East Kemper Road Cincinnati, OH 45249 CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED l~YeF~~€E. TO: PROTHONOTARY Please enter the appearance of Jeffrey B. Rettig, Esquire, and Hartman, Osborne & Rettig, P .C., on behalf of Defendant, W.O. Brisben Companies, Inc., in regard to the above- captioned action. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. effrey B. Rettig, ire Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PAl 71 0 1 (717) 232-3046 Attorneys for Defendant, W.O. Brisben Companies, Inc. co;... ".'!l8J!' '.'€" "R,". rQP'.' . "'$.II.'lt'Yr"' .Cl)." ,. . " y ." '"fJk:~." "'.. .'. . . I.. '. h ;!:J d.':';;,,,...,:;;~;..:,,;.:.,;:;.;::.'..:~:.,;!;...';;j.,",:,."!H.::",..."",';:,.i!,,.::';;;;,:',ij,:;:: I, Jeffrey B. Rettig, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17108 (Attorney for Plaintiff) HARTMAN, OSBORNE & RETTIG, P.C. Date: ? /~r/ D;J / (.. Attorneys for Defendant, W.O. Brisben Companies, Inc. 0 Cl () C C,,) -n :0- r (C_': - - .. i') c' , , .. ,'0,.; :,.) ..-.~.J ~ ~ SHIRLEY BONEF ANT 2418 New York Avenue Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3052 Civil Term W,O. BRISBEN COMPANIES, INC. 7800 East Kemper Road Cincinnati, OH 45249 CNIL ACTION - LAW Defendant JURY TRIAL DEMANDED pRiAB..'" 'CI'.P:I. 'lll~a':Qi.iULE..3'1"~.'. '..'~"""" '1l"'CO.l\m' gm , ,. ': . .,. .; . ';;" ; ,i, d 'L ",; .;. .;,;, " ".1, , , ". .i" ';. '. ; ....~., .; .::::,,;..,'.;;.;;.>,;:; ;;:,;'::;;jtn~U;";'j :'!C;),'3'/,:;.;.~",;m: "T.. r,,:,,;:.:..;Aj';::''i;Jlv:,,:,,'i\..:, ii.,::!:!'.:i; TO: PROTHONOTARY Please enter a Rule upon Plaintiffs, Shirley Bonefant, to me a Complaint within twenty (20) days or suffer non oros sea .@g. HARTMAN, OSBORNE & RETTIG, P.C. B y B. Rettig, Es reme Ct. J.D. #1 6 6-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Dated: 7/ 'J'Y! oJ Attorneys for Defendant, W.O. Brisben Companies, Inc. I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17108 (Attorney for Plaintiff) HARTMAN, OSBORNE & RETTIG, P.C. By Y B. Rettig, Esqui preme Ct. J.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: ~ /,y IVJ I I Attorneys lor Defendant, W.O. Brisben Companies, Inc. SHIRLEY BONEF ANT 2418 New York Avenue Camp Hill, P A 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 03-3052 Civil Term W.O. BRlSBEN COMPANIES, INC. 7800 East Kemper Road Cincinnati, OH 45249 CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED TO: Shirley Bonefant c/o Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, P A 17108 (Counsel for Plaintiff) A Rule is hereby issued upon Plaintiff, Shirley Bonefant, to file a Complaint within twenty (20) days after service hereof or suffer non pros sea ~, D...;JJ~ ;J ~ , 0""'- f-pr-h.;, k! . ~ Prothonotary :::H"'\ (") C) C) C W -n ?:': ::== '1::1 l"-:l ~j r- , .- r // r" ,", Cf' Le' _./ c:: ~. :~-c ; ,) ; :,) -" . ., SHIRLEY BONEFANT and, JOHN BONEFANT, ber busband Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC. NO. 03-3052 CIVIL TERM Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wisb to defend against the claim set forth in the following pages, you must take aclion within twenty (20) days after this Complaint and Notice is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claim set forth against you. You are warned that if you fail to do so the case may proceed without you and judgement may be entered against you by the Court without further nolice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la nolificacion. Usted debe presentar una apariencia escrita 0 en persona a por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona, Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso 0 nolificacion y por cualquier queja 0 akuvui que es pedido en la peticion de demanda. U sted puedo parder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE, SINO TIENEABOGADO 0 SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 SENBERG, LLP By tep n G. Held, Esquire I. D. No. 72663 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 Attorneys for Plaintiff(s) F:IWP DirectoriesIJJV\Complaintlpremiseslbonefant,premises.complaint,wpd SHIRLEY BONEFANT and, JOHN BONEFANT, her husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC. NO. 03-3052 CIVIL TERM Defendant COMPLAINT AND NOW, comes the Plaintiff, Shirley Bonefant, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP by Stephen G. Held, Esquire, and brings forth this Complaint against Defendant, W.O. Brisben Companies, Inc., and in support thereof avers as follows: 1. Plaintiff, Shirley Bonefant, is an adult individual residing at 2418 New York Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiff, John Bonefant, is an adult individual residing at 2418 New York Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant, W.O. Brisben Companies, Inc., is a corporation with its principle place of business located at 7800 East Kemper Road, Cincinnati, Ohio 45249. 4. At all times material hereto, W.O. Brisben Companies, Inc. was in ownership, possession, management and control of the Premises known Cumberland Pointe Apartment Development in Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. At all times material hereto, Plaintiff, Shirley Bonefant, was lawfully upon said Premises. 6. At all times material hereto, Defendant, who had exclusive control of said Premises, had allowed a section of wall to become dangerous because no railing was provided. 7. At all times material hereto, there were no warning signs posted on the Premises nor was there any lighting available so as to provide visible warning of the unsafe condition of the wooden wall. 8. At all times material hereto, the wall in question was made completely out of railroad ties. 9. On or about March July 25, 2001, at approximately 3:00 p.m., Plaintiff, Shirley Bonefant, was standing on the wooden wall talking to a friend in the nearby swimming pool at the Premises at Cumberland Pointe Apartment Complex in Mechanicsburg, Pennsylvania. 10. The wood was wet and Plaintiff fell approximately four (4) feet onto the sidewalk below. 11. At all times material to hereto, Plaintiff, Shirley Bonefant, believes and therefore avers, that Defendant, W.O. Brisben Companies, Inc., was in ownership, possession, management and/or control of the Premises and was responsible for maintaining the safe condition of the property known as Cumberland Pointe Apartment Complex in Mechanicsburg, Pennsylvania. 12. At all times material hereto, said Premises is located in a municipality which has adopted the Building Officials & Code Administrators National Building Code (BOCA); therefore, any violations of BOCA would constitute negligence per se. COUNT I - NEGLIGENCE Shirlev Sonefant v. W.O. Srisben Companies. Inc. 13. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Shirley Bonefant, were caused directly and proximately by the negligence of Defendant, W.O. Brisben Companies, Inc., individually or by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In causing or permitting a section of wooden wall to become dangerous because no railing was provided, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In causing or permitting a section of wooden wall to become unreasonably dangerous when Defendant knew or should have known that the likelihood of the lack of a railing could be a falling hazard to individuals occupying the area above the wall including the adjacent pool and playground; (c) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by lack of a railing on a wooden wall of railroad ties on said premises, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure the wall at said Premises was maintained in a safe condition to prevent injury to the Plaintiff and other persons lawfully upon the Premises; (e) In failing to post a warning sign or device in the area to notify of the dangerous condition of a moist and wet wooden wall of said Premises; (f) In failing to provide a railing for the wooden wall on said Premises so as to avoid the situation in which Plaintiff fell nearly 4 feet to the sidewalk below; (g) In failing to maintain the railing in a reasonably safe condition that would prevent Plaintiff, Shirley Bonefant, from falling; and (h) In failing to provide a guard or railing along open-sided walking surfaces, mezzanines and landings which are located more than 15.5 inches above the floor or grade below pursuant to Chapter 10, Section 1005.5 of BOCA. 14. Defendant, W.O. Brisben Companies, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that there was a falling hazzard due to no railing being provided at said Premises where Plaintiff, Shirley Bonefant, fell. 15. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, Shirley Bonefant, sustained serious injuries including, but not limited to, a fractured right hip, and a radial head fracture of her right arm. 16. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, Shirley Bonefant, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 17. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, Shirley Bonefant, has been, and will in the future be, hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 18. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, Shirley Bonefant, has, and will in the future, suffer a loss of life's pleasures. 19. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, Shirley Bonefant, has been compelled, in orderto effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 20. As a result of said injuries, the plaintiff has received and in the future will continue to receive medical and hospital care and treatment furnished by the United States of America. The Plaintiff, for the sole use and benefit of the United States of America, under the provisions of Title 42, United States Code, Sections 2651-2653, and with its express consent, asserts a claim for the reasonable value of said past and future care and treatment. WHEREFORE, Plaintiff, Shirley Bonefant, seeks damages from Defendant, W.O. Brisben Companies, Inc., in an amount in excess of compulsory arbitration limits of Cumberland County. COUNT II . LOSS OF CONSORTIUM John Bonefant v. W.O. Brisben ComDanies. Inc. 21. Plaintiff, John Bonefant, incorporates and makes part of this complaint paragraphs 1 through 20 above, as if the same were set forth fully below. 22. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, John Bonefant, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 23. As a direct and proximate result of the negligence of Defendant, W.O. Brisben Companies, Inc., Plaintiff, John Bonefant, has been compelled, and may in the future be compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, John Bonefant, seeks damages from the Defendant, W.O. Brisben Companies, Inc., in an amount in excess of compulsory arbitration limits of Cumberland County, exclusive of interests and costs. Respectfully submitted, R, HENNING & ROSENBERG By: Steph . eld J.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Dated: 03 Attorneys for Plaintiff VERIFICATION We verify that the statements contained in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements contained therein are made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorities. ~ IIrnr4T Shirley B efant Jd? $~~ ~hn Bonefant Date: f- .2 1- c1. trC .3 SHIRLEY BONEFANT and, JOHN BONEFANT, her husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION. LAW W.O. BRISBEN COMPANIES, INC. NO. 03-3052 CIVIL TERM Defendant CERTIFICATE OF SERVICE On this 3rd day of September, 2003, I hereby certify that a true and correct copy of the foregoing Complaint was served upon the following by United States Mail, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 HANDLER, HENNING & ROSENBERG, LLP By Step 0 c:::~ n c: '"...; "'"h -s. ;.,> :.;~~ "T) , '"} S;' 1-: , 'U ~"j I rf! t,;: -. -< .. () ~,~., .." -.,-., , Z-.c' , 5>~::l K3 , rl'J " .{ .. ':;I :.'1 :d ~".... () i -< Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHIRLEY BONEF ANT and JOHN BONEF ANT, her husband, v. NO. 03-3052 Civil Term W,O. BRISBEN COMPANIES, INC" Defendant CNIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Shirley Bonefant and John Bonefant, her husband, Plaintiffs c/o Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17108 (Counsellor Plaintifft) You are hereby notified to file a written response to the enclosed answering Defendant's Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. effrey B. Retf , squire Supreme Ct. L . #19616 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Attorneys for Defendant SHIRLEY BONEF ANT and JOHN BONEFANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3052 Civil Term W.O. BRISBEN COMPANIES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes the Defendant, W.O. Brisben Companies, Inc., by its attorneys, Hartman, Osborne & Rettig, P.c., and answer Plaintiff's Complaint as follows: 1-2. It is admitted that the Plaintiffs are who they say they are. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 3. Admitted. 4. Denied. W.O. Brisben Companies, Inc. was the general partner of Cumberland Pointe Limited Partnership from 8/25/95 unil 5/19/03. Cumberland Pointe Limited Partnership owned the property and still does. Management of the property at the time of Plaintiff's accident was performed by National Realty Management, L.P. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 6. Denied as stated. The allegation that Defendant had "exclusive control of said Premises" represents a conclusion oflaw to which no reply is required. It is further denied that Defendant allowed a section of wall to become dangerous because no railing was provided. To the contrary on information and belief, there was fencing along side the "wall" from which Plaintifffell. 7. Denied as stated. It is admitted that there were no warning signs since there was no need for any warning signs. There was adequate lighting available to provide visible warning of the condition of the wooden wall which was not unsafe. 8. Denied as stated. It is admitted that the retaining wall along side the swimming pool consists oflandscape ties. 9. Denied as stated. Defendant is unclear as to the reference to "March July 25, 2001 ". On information and belief, it is alleged that this accident occurred on July 25, 2001 at approximately 3:00 p.m. On information and belief, it is further understood that the Plaintiff was standing on top of the wooden retaining wall adjoining the swimming pool prior to her fall. 10. Denied as stated. As to whether the wood retaining wall that Plaintiff was standing on was wet, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. On information and belief, it is 2 admitted that Plaintiff fell approximately three (3) to four (4) feet from the top of the wooden retaining wall onto the concrete sidewalk below. 11. Denied. The answer to Paragraph 4 above is incorporated herein by reference thereto. 12. Denied as stated. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation and proof thereof is demanded. In further answer, this allegation represents a conclusion of law to which no reply is required. COUNT I - NEGLIGENCE. SHIRLEY BONEFANT V. W.O. BRISBEN COMPANIES. INC. 13. Denied. The allegations of negligence against the Defendant are denied pursuant to Pa.R.C.P. 1029. 14. Denied as stated. To the contrary, there was a railing running along side the wall enclosing the swimming pool area. The top of the wall was not designed or intended as a walkway. 15-19. It is denied that the Defendant was negligent. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. 20. Denied. After reasonable investigation, Defendant is without knowledge or 3 information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant request that Count I of Plaintiffs Complaint be dismissed without cost to it. COUNT II LOSS OF CONSORTIUM JOHN BONEFANT V. W.O. BRISBEN COMPANIES. INC. 21. The answers to Paragraphs 1 through 20 abovl~ are incorporated herein by reference thereto. 22-23. The allegations of negligence against the Defendant are denied. As to the balance of the allegations of these paragraphs, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth thereof and proof is demanded. WHEREFORE, Defendant request that Count II of Plaintiffs Complaint be dismissed without cost to it. NEW MATTER 24. The Writ of Summons filed on this case did not name Plaintiff, John Bonefant, as a Plaintiff at that time. 25. The claims of John Bonefant are barred by the statute oflimitations. 26. Immediately preceding her fall, Plaintiff was standing on top of a retaining wall consisting off our (4) rows oflandscape ties which was immediately adjacent to the 4 concrete deck of a swimming pool. 27. The top ofthe retaining wall was not designed or intended as a walkway. 28. On information and belief, Plaintiff was standing on top of the wooden retaining wall holding onto the metal fence surrounding the pool talking to someone within the pool area. 29. At some point in time, Plaintifffell from the landscape ties to the concrete sidewalk below. 30. Plaintiff had no reason to be standing on top of the wooden retaining wall. 31. Plaintiff knew that the top of the wooden retaining wall was not a walkway. 32. Plaintiffs claims are barred by her own contributory negligence. 33. Plaintiff has or may have failed to mitigate her damages. WHEREFORE, Defendant request that Plaintiffs Complaint be dismissed without cost to it. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. J frey B. Rettig, quire upreme Ct. J.D. #19616 126-128 Walnut Street Harrisburg, PAl 710 1 (717) 232-3046 Attorneys for Defendant 5 VERIFICATION I, Jeffrey B. Rettig, Esquire, hereby verify and state that the facts set forth in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: / I /ID /0 ; , , CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Stephen G. Held, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, P A 17108 (Attorney for Plaintiff) HARTMAN, OSBORNE & RETTIG, P.C. J ey B. Rettig, uire upreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: n1(0/63 . ( ! Attorneys lor Defendant, W.O. Brisben Companies, Inc. 0 C> 0 ~: w -n 7- :~~ C' C:1 [!J ~:: ~..:: :::J ;i :-n i , :~) (~' , ,r- -< '1i-) C~ -n :tJ ;rf. -~'- .> ....:- (; 50' r;..) J en <. --, L-':" J1 -- --, :'II -~ (T, -< SHIRLEY BONEFANT and, JOHN BONEFANT, her husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC. NO. 03-3052 CIVIL TERM Defendant PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER 24, Admitted. 25. Admitted, 26, Denied as stated. It is admitted that plaintiff fell from a retaining wall consisting of four (4) rows oflandscape ties which was immediately adjacent to the concrete deck of a swimming pool. However, the location where she was standing is at issue. 27. Admitted. 28, Denied as stated. See Plaintiffs' complaint. 29. Admitted, 30, Denied, Plaintiff was on top of the wooden retaining wall traveling from the playground to the swimming pool. 31, Denied as stated. The area around the pool is clearly not a walkway but it is denied that plaintiff was negligent in any way in being at the position wl1ere she fell. 32. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual it is hereby denied. It is denied that plaintiffs claims are barred by her own contributory negligence. 33. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual it is hereby denied. By way of amplification, it is denied that plaintiff has or may have failed to mitigate her damages. WHEREFORE, Plaintiffs request This Honorable Court dismiss Defendant's Answer and enter judgment in their favor. Respectfully submitted, Date: l\!I<1(o) HANDLER~ HENNING & ROSENBERG, LLP By -M~E~W' 1. D. No. 72663 1300 Linglestown Road Harrisburg PA 17110 (717) 238-2000 VERIFICATION STEPHEN G. HELD, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. 94904 relating to unsworn falsification to authorities. Date: ~ 7 SHIRLEY BONEFANT and, JOHN BONEFANT, her husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC. NO. 03-3052 CIVIL TERM Defendant CERTIFICATE OF SERVICE On this \ L-\ day of November, 2003, I hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served upon the following by United States Mail, postage prepaid, addressed as follows: Jeffrey B. Rettig, Esquire Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 HANDLER, HENNING & ROSENBERG, LLP ~WJ () -- c> c ,. '1--, '-."- "D L:; '... , m ,~ - -/ ~- ~ C .t:_ en e;:i ~ re' ~~- , ~ (-.: ~ c- )> C- 7' S! "... :;~; --- \ 0 -~- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BONEFANT & BONEFANT Vs. WO BRISBEN COMPANIES, ET NO. 033052 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 JEFFREY B RETTIG, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s) . Date: 02/02/04 JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 717-232-3046 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 File #: M307023 By: Aisha Hodge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BONEFANT & BONEFANT Vs. WO BRISBEN COMPANIES, ET No. 033052 TO: STEPHEN HELD, ESQ (PLAINTIFF) NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 no objection is made the subpoena may be served. Date: 01/12/04 JEFFREY B RETTIG, ESQUIRE 126-128 WALNUT ST HARRISBURG, PA 17101 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Aisha Hodge Enc(s): Copy of subpoena(s) Counsel return card File #: M307023 ~TH OF P~W\NIA ~ OF aJMIill>LAND BONEFANT & BONEFANT Va. . File No. 033052 w.O. BRISBEN <XK>ANIES.llC. TO: SUBPOENA TO PROOlX:E DOClJ'1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 DR TODD FISHER. 1022 N UNION ST. MIDDLETOWN PA 17057 (NlITIe of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.ment!; or things: SEE A1TAUlliJJ AJJDl1.NDUM at MEDICAL LEGAL REPRODUCTIONStA~~ss1940 DISSTON ST.. PHILA.. PA You may deliver or mail legible copies of the docunents or produce things requested hI this subpeena, together with the certificate of carpliance, to the party making thi, 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 t~enty (20) days after its serv~ce, the party serving thh r;ubpoena may seek a court orde;' cx:rrpelling you to carply with it. TH I S SUBPOENA WAS NAl'E : ADDRESS : I SSUEO AT THE REQUEST OF THE FOLLON I NG PERSON: ,TF.FFREY B RETTIG. ESQ 126 128 W.~T ST HARRISBURG. PA 17101 215-335-3212 TELF.PHONE: SlS'REI'E rouRT 10 # ATTORNEY FOR: DEFENDANT b. DATE:__ db ,fUJ{)'/ S lof eCou"t.. BY THE o::lURT: C'A~~". I? ~~ ~ Prothonotary!C It. Civi 1 0.'1P~ 0 ~pV Di'lis.ion M307023-01 Deputy (Eff. 1197) ADDENDUM TO SUBPOENA BONEFANT & BONEFANT Vs. w.o. BRISBEN CCMPlINllS. lK:. No. 033052 CUSTODIAN OF RECORDS FOR: DR TODD FISHER -ANY AND ALL RECORDS FROM'1/1/99 OT THE PRESENT. PERTAINING TO: NAME: SHIRLEY R BONEFANT ADDRESS: 2418 NEW YORK AVE CAMP HILL PA DATE OF BIRTH: 05/03/33 SSAN: 208243631 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Author1zed signature for DR TODD FISHER CUMBERLAND M307023-01 *** SIGN AND RETURN THIS PAGE *** CCMDNWEALTH OF PmNSYLVANIA CXXlN'l'Y OF aJMBEmAND BONEFANT & BONEFANT VS. File No. 033052 W.O. BRISBEN CXMPANIES, IN::. SUBPOENA TO PROCltX:E DCX:::l.tENTS OR TH I NGS FOR 0 I SCX>VERY PURSUANT TO RULE 4009. 22 TO: HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 ATTN, MF.nU'AT. RECORDS DEPT (NlITle of Person or Entity) ------- Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunent!'l or things: SEE Al'TACImD ADDENDUM at MEDICAL LEGAL REPRODUCTIONS€Ad8P~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the docunents or produce things requested h) this subpoena, together with the certificate of carpliance, to the party making thi, request at the address I isted above. You have the right to seek in advance the reasonab IE cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within t~enty (20) days after its service, the party serving thb subpoena may seek a court orde.' carpelling you to carply with it. TH I S SUBPOENA WAS NAI'E: ADDRESS : ISSUED AT THE REQUEST OF THE FOLLONING PERSON: ,TF.FFREY B RlIT.TIG, ESQ 126 128 I1ALNUT ST HARRISBURG, PA 17101 215-335-3212 TELF.PH:lNE: SlM"REI'E CXlURT I 0# ATTORNEY FOR: DEFENDANT .........: DATE :-';:a l' ~f/ th~~ 1. BY THE COURT: Cu~~t~ar~~kJ~i~i I Division -*0 ~. ---DeputY- M307023-02 (Eff. 1/97) ADDENDUM TO SUBPOENA BONEFANT & BONEFANT Vs. No. 033052 w.o. BRISBEN CX'MJ?ANIES.IN::. CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP SPECIFICALLY**LIMITED** TO ALL MEDICAL RECORDS FROM ER VISIT OF 7/25/01. PERTAINING TO: NAME: SHIRLEY R BONEFANT ADDRESS: 2418 NEW YORK AVE CAMP HILL PA DATE OF BIRTH: 05/03/33 SSAN: 208243631 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RECORD CUSTODIAN - COMPLETE AND RETURN RECORDS ARE A1TACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX) : RECORDS X-RAYS PATIENT BILLING RECORDS / XRAYS have been destroyed Date Authorized signature for HOLY SPIRIT HOSP CUMBERLAND M307023-02 *** SIGN AND RETURN THIS PAGE *** 0 ,.." ~ :is !f? ri?ft "'- ;?/cv ;:::r ;;! ;;?r~:;" C:b fll jJJ Ci5,;t>. , =SF? ;:s .;..,:~: c.n ~C 00 ~C) h. ::rJ-..." ~'H <c ::Jic 9.;:'5 $.: ~ - arr, - ~ <..> :g N -<: F:IWP DirectorieslJJV\Motionslwithdrawlmotion to withdraw.bonefant.wpd SHIRLEY BONEFANT and JOHN BONEFANT, her husband, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC., NO. 03-3052 CIVIL TERM Defendant PETITION OF PLAINTIFFS' COUNSEL FOR LEAVE TO WITHDRAW AND NOW, comes the Petitioner, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and files the within Petition to Withdraw and in support thereof avers as follows: 1. Plaintiff, Shirley Bonefant, is an adult individual residing at 2418 New York Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiff, John Bonefant, is an adult individual residing at 2418 New York Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3, Petitioner was retained by the Plaintiffs for representation in the above- captioned matter. A copy of the fee agreement has been attached as Exhibit "A". 4. Petitioner filed a Complaint against Defendant, W.O. Brisben Companies, Inc., on or about September 3, 2003. 5. Extensive discovery has been conducted in this matter. 6, After extensive discovery, the Petitioner now wishes to exercise its right to withdraw from this case as per the contingency fee agreement signed by Plaintiffs, Shirley Bonefant and John Bonefant, at the commencement of Petitioner's representation in the above-captioned matter. (See Exhibit "A".) 7, Plaintiffs, Shirley Bonefant, and John Bonefant, have been advised of the Petitioner's intention to withdraw. 8. Petitioner's withdrawal from this action will not prejudice the Plaintiffs at this time as they will have sufficient time to retain alternative counsel. WHEREFORE, Petitioner, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, respectfully requests this Court to grant its Petition to Withdraw as counsel in this matter. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: sJd~ 1.0. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Dated: r; { if ~ (OJ Attorneys for Plaintiff r CONTINGENT FEE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that I, Shirley Bonefant, do hereby retain HANDLER, HENNING & ROSENBERG, of Harrisburg, Pennsylvania, as my attorneys in this matter to represent me and to process, negotiate, arbitrate a settlement or to institute for me in my name, any legal proceedings or actions that, in their judgment are necessary, against, . , or against anyone else as a result of injuries or damages sustained by me in an incident that occurred on July 25, 2001. I agree not to settle, negotiate or adjust the above claim or any proceedings based therepn without the written consent of my said attorneys, NOW, THEREFORE, in consideration of the services so to be rendered by Handler, Henning & Rosenberg, I hereby covenant, promise and agree to pay them for their professional services rendered, THIRTY-THREE AND ONE-THIRD PERCENT (33 '!s%) of whatever sum is recovered as a result of settlement without suit; or FORTY PERCENT (40%) of whatever sum is recovered after suit is filed or in the event of arbitration or mediation. I will reimburse Handler, Henning & Rosenberg for any necessary expenses and costs advanced on my behalf in pursuing my claim. I also authorize counsei to destroy my file three (3) years after the case is closed, Counsel reserves the right to withdraw if they desire to do so. for any reaSon(SI mey deem proper. I ACKNOWLEDGE that I have read, approved and unaerstooa me aoave Contingent Fee Agreement and I acknowledge having received a cooy of the same. :hs terms set forth are accepted, '--.:... IN WITNESS WHEREOF, I have hereunto set my hand and seal this of August, 2001. 11 r C/k;z..~ ~i /~, I day 1 ' :' /'~I 1;).-.", - _1/J1...</'vi.4o.. ,,:;,: /~'_"""I_~. Shirley liJonefam .- {SEAL. ~ "T ~'".' ,:,~, ~"'~t:"':'A"::>' - ~:~ CERTIFICATE OF SERVICE AND NOW, thi~ day of ~ ~ ' 2004, I hereby certify that I have, on this date, served the within document upon defendant's counsel and all counsel of record by sending a true and correct copy of same to them via first class United States mail, postage prepaid, and addressed as follows: Jeffrey, B. Rettig, Esquire Hartman, Osborne and & Rettig 126-128 Walnut Street Harrisburg, PA 17101 Shirley and John Bonefant 2418 New York Avenue Camp Hill, PA 17011 HANDLER, HENNING & ROSENBERG LLP f By: ;', 17 ~ t1 Sfe~fMId (") ...... (") = ~:~ = -n J..- -I -.' :x -';"i,::i :r: -r. Cl} )'.... P'r-- ::::0 }1m ~ N : <;J 0; 0-' S<:> ~~ '. ........" -u -;~-n ,.;,? ; -'"~ ~J~''"5 ~. ~gl!TI -).:,. ....... ~? ~: \ ~'I'"':. t-.:J -" -< 0"' -c .... t. loa, SHIRLEY BONEFANT and JOHN BONEFANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW W.O. BRISBEN COMPANIES, INC., Defendant NO. 03-3052 CIVIL TERM RULE AND NOW, this .31"" d f ay 0 ~-.J, , 2004, a Rule is hereby issued on all parties to show cause why the Petition of Plaintiffs' Counsel for Leave to Withdraw should not be granted. Rule Returnable 2,0 Days After Service. BY THE COURT: A/i. J. < ' ... t~ ~' ~. ~1i- -P~~~ J~ ~ Vi\,,:\t\~\, tS:'",';,I',;'=)d ,.tv",,"':" ~'. .:,.,: ,:','r.' ' I"'"' I,ll\;t \\....',) U":':' \;-~:<1/\\ IV S I(; : \\ \ol~ \ S (j'll-l ~Uul }):NlSJI.1Q\-\.\.OBd 3\-li. :10 3CJ\Bo-G31\:1 F:\WP Directories\JFL\motion-petition\rule absolut\bonefant.wpd SHIRLEY BONEFANT and JOHN BONEFANT, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-305:2 CIVIL TERM W.O. BRISBEN COMPANIES, INC., Defendant : CIVIL ACTION - LAW PETITIONER'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, HANDLER, HE:NNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, and respectfully move this Honorable Court to make the Order dated March 31,2004, Absolute and grant the Petition of Plaintiffs' Counsel for Leave to Withdraw and in support thereof, avers the following: 1. On or about August 9, 2001, Petitioner was retained by the Plaintiffs for representation in the above-captioned matter. A copy of the contingent fee agreement is attached as Exhibit "A". 2. On September 3, 2003, Petitioner filed a Gomplainton behalf of the Plaintiffs, docket no. 03-3052 against Defendant, W.O. Brisben Companies, Inc., to recover for personal injuries resulting from a slip and fall accide,nt that occurred on Defendant's premises on or about July 25, 2001. 3. On or about March 23, 2004, Petitioner med a Petition of Plaintiffs' Counsel for Leave to Withdraw in the above captioned matter. 4. Plaintiffs, Shirley Bonefant and John Bonefant, were advised of the Petitioner's intention to withdraw. 5. On or about March 31 , 2004, a Rule to Show Cause was issued by the Court of Common Pleas of Cumberland County upon all partil~s to show cause why the Petition of Plaintiffs' Counsel for Leave to Withdraw should not be granted. The Rule was returnable 20 days from service. A copy of the foregoing Order of March 31, 2004, is attached Exhibit "B". 6. To date, all parties have failed to respond to Rule to Show Cause and have failed to give any reason why the Petition of Plaintiffs' Counsel for Leave to Withdraw should not be granted. 7. Petitioner's withdrawal from this action will not prejudice the Plaintiffs at this time as they will have sufficient time to retain alternative counsel. 8. Petitioner hereby requests this Honorable Court make the Order dated March 31,2004, Absolute, and permit the Petition of Plaintiffs' Counsel for Leave to Withdraw. WHEREFORE, Petitioner, HANDLER, HENNIING & ROSENBERG, LLP, by Stephen G. Held, Esq., respectfully requests that this Honorable Court issue a Rule Absolute to permit the Petitioner to be withdrawn as Counsel in the above captioned matter. Respectfully Submitted, HANDLER, HE G & ROSENBERG, LLP Date ~- /4 ~;)o()4 / BY~ te en,. He I.D. . :~663 1300 Linglestown ad Harrisburgl, PA 17110 (717) 238-2000 Attorneys for Plaintiffs (") s~-:. ~B~l= 7' ~,7 ; .'...l (f))- v/ - ~~F: ".:>C t:..~~C J;'''C: ;:: =< " ..... => => .,,- <-- c.: z ~ :r n,:n -0 Hi ~~ O:D zO om --I :1;5 -< CJ1 ;no :s: '!' Cl o y./ JUL 2 0 2004 'f SHIRLEY BONEFANT and JOHN BONEFANT, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND (;OUNTY, PENNSYLVANIA : NO. 03-3052 CIVIL TERM v. W.O. BRISBEN COMPANIES, INC., Defendant : CIVIL ACTION - LAW ORDER AND NOW, on this Z(, ~ day of 1''/'1 ,2004, and upon consideration of Petitioner's Motion to make the Order dated March 31, 2004 Absolute, it is hereby ORDERED that Petitioner's Motion is GRANTED, and the Petitioner will hereby be withdrawn as Counsel in the above captioned matter. BY THE COURT: J. f\'?;-V o '0>- t:.',7, f:~, ~2 ~~~~, t~~:~) 6"': ujo._ -=!lU u...-.'" ;:::: ll-_ o .:T C-..J ro ~~J.: c: '-. ::'~:) .u_) ,.0 t" ! :~~ =, _T => = <-' ,.. SHffiLEYBONEFANT and JOHN BONEF ANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3052 Civil Term W.O. BRISBEN COMPANIES, INC., Defendant CIVIL ACTION - LA W JURY TRIAL DEMANDED PRAECIPE TO LIST CASE Fq~ TRIAL TO THE PROTHONOTARY: Please list this above-captioned case for trial. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. BY~~ U!.~~mfi L. Cohen, EsqUIre Supreme Ct. J.D. #93019 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for W. O. Brisben Companies, Inc. ,. CERTIFICATE OF SERVICE I, Jennifer L. Cohen, Esquire, hereby certify that! am this day serving a copy ofthe foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: John and Shirley Bonefant 2418 New York Ave. Camp Hill, PA 17011 (Pro Se Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. BY~~ dermlfe . Cohen, EsqUIre Supreme Ct. J.D. #93019 126-128 Walnut Street Harrisburg, P A 17101 (717) 232-3046 Date: i/,?O I~ 4- I Attorneys for Defendant, W.O. Brisben Companies, Inc. ... .'....." (? l'-.) 0 c-= <=::;) ~n K ,.- c:J :ell f"Tl ; n nl;:= - . -om , I -"5: (/': _u (~) ~:.IC) -0 ()?~ ': -- , ~/ (~) rn ---1 "i_~.. (A) :~..':! 00 -<. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutrnitted in duplicate) TO THE PROTHOIDrARY OF CUMBERLAND COUNTY Please list the following case: for trial without a jury. t--:> ('! '3 \..- ~ ~9iirt.q - " : ' " r - ~ C-j \ '3:) () ~.I .-\ ~r\ ~~~~'- _'JhI -'~9 i:'<1S:l, :~.": o tn (Check one) (x ) for JURY trial at the next term of civil -- - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - ~.~ - --:t;,,\,,;-- CAPTION OF CASE (entire caption ITRlst be stated in full) (check one) --'':~ ,-' ..,.'" -.'::-- ~.'. '1. ~"'-, ( x) Civil Action _ Utw (..I, Shirley Bonefant and John Bonefant, her husband Appeal from Arbitration (other) (Plaintiff) vs. w.O. Brisben Companies, Inc. The trial list will be called on 2/1 5/05 and Trials commence on 3/14/05 (Defendant) Pretrials will be held on 2/23/ 05 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 03-3052 Civil 19 Indicate the attorney who will try case for the party who files this praecipe: Jeffrey B. Rettig, Esquire, 126-128 Walnut Street, Harrisburg, PA 17101 Indicate trial counsel for other parties if known: Pro Se This case is ready for trial. .~ ~~ c: Print Date: IZ/ /; /ZJL/- / / I Attorney for: W.O. Brisben Companies. Inc. 3 Shirley Bonefant and John Bonefant, Her husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V W.O. Brisben Companies, Inc. : NO. 03-3052 CIVIL TERM ORDER OF COURT AND NOW, February 16,2005, counsel having fail,:d to call the above case for trial, the case is stricken from the March 14, 2005 trial term. Counsel is directed to relist the case when ready. By the Court, ~irley and John Bonefant Plaintiff Court Administrator . > !11~ ~ o ~Jf.p-o.5 tfiffrey B. Rettig, Esquire Annifer L. Cohen, Esquire For the Defendant jhk r- ,)- (":I \.0 rc'''l ~=j ~ .. .-' - PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONJTARY OF CUMBERLAMJ COUNTY Please list the following case: (Check one) x for JURY trial at the next tenn of civil court. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) (X) Civil Action - Law SHIRLEY BONEFANT AND JOHN BONEFANT, her husband, Appeal from Arbitration (other) (Plaintiff) vs. w.o. BRISBEN COMPANIES, INC. The trial lis t will be called on 4/1 9/05 and Trials commence on 5/16/05 (Defendant) Pretrials will be held on 4/27/ 0 5 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 03 Civil 3052 19 Indicate the attomey who will try case for the party who files this praecipe: Jeffrey B. Rettig, Esquire Indicate trial counsel for other parties if known: Pro Se This case is ready for trial. Signed: M~ (T t; lkt-r Date: d J()!J/b':J/ , Attomey for: . CERTIFICATE OF SERVICE I, Jeffrey B. Rettig, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: John and Shirley Bonefant 2418 New York Ave. Camp Hill, PA 17011 (Pro Se Plaintiffs) Sy HARTll4AN, O~BORNE 9) RETTIG. P.c. () /' J ( J ffrey B. Rettig, Es . e I Supreme Ct. I.D. #19616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Date: J)jsjDr , Attorneys for W.O. Brisben Companies, Inc. ~ ~ ~ .... I"'" GIo "" <:5> ~ ~ .r: 6> SHIRLEY BONEF ANT and JOHN BONEF ANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-3052 CIVIL W. O. BRISBEN COMPANIES, INC., JURY TRIAL DEMANDED Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 27, 2005, was Jeffrey B. Rettig, Esquire, attorney for the defendant. The plaintiffs did not appear. The record of this case indicates that plaintiffs' counsel withdrew by permission in July of 2004. Subsequent thereto, the plaintiffs were deposed and approached concerning a discontinuance of this matter. No discontinuance has been entered. Mr. Rettig will appear in Courtroom Number 4 at 9:30 a.m. on the first day of civil trials, May 16,2005. In the event the plaintiff(s) fail to appear or appear but are not ready for trial, an appropriate order will be entered. 4hn and Shirley Bonefant 2418 New York Avenue CampHill,PA 17011 ~ ,/1 April 27, 2005 :rlm ~ Ot./ -~'6 -05 ~frey B. Rettig, Esquire For the Defendant Court Administrator ~1N~/1\1,18\H\)3d AiNnO',; ::~~) ',' i:":-T'~nJ 12 :8 lId L2lJdV SOOl AHilOi,OHJOJd 3Hl ::JO ""c" , j'"...f1::J11 ' :Jvl:J,~U '\J.::J .J SHIRLEY BONEFANT and JOHN BONEFANT, Her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V 03-3052 CIVIL TERM W.O. BRISBEN COMPANIES,INC: Defendant IN RE: FOR NON JURY TRIAL ORDER OF COURT AND NOW, this 16th day of May, 2005, upon agreement of the parties, the prior demand for a Jury tr~al ln this case is waived, and this matter to proceed by trial without a jury in accordance with a schedule developed between the court and the parties. By the Court, Shirley & John Bonefant, Pro se Plaintiffs Jeffrey B. Rettig, Esquire For the Defendant ~-"F-U /}J '''-<-iul _~(- J7.{J~' :bg ,1~. "'---;r' ',\: i\j\):') t"l \ \ ,', "< SHIRLEY BONEF ANT and JOHN BONEF ANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-3052 CIVIL W. O. BRISBEN COMPANIES, INC., Defendant IN RE: NONJURY TRIAL ORDER AND NOW, this 1(., Y day of June, 2005, following trial without a jury and careful consideration of the testimony adduced, it being the law of Pennsylvania that a possessor ofland is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness, we find in favor of the defendant and against the plaintiffs. BY THE COURT, /...5kp\en G. HeI cl John and Shirley Bonefant, Pro Se Plaintiffs Ad ~ffrey B. Rettig, Esquire For the Defendant ~ :rlm . .~~11.'\lnJ Elf: : I !'!e:! 91 Nnrsool AtlVWi!C,-,Wdd 3Hl :JO 3JH:!O.-(j:i ltl SHIRLEY BONEF ANT and JOHN BONEFANT, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3052 Civil Term w.O. BRISBEN COMPANIES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO: PROTHONOTARY Please enter judgment in favor of the Defendant upon the decision of the Honorable Judge Hess in the above-captioned matter as no timely post-trial motions have been filed_ Respectfully submitted, OSBORNE & RETTIG, P.C. effrey B. Rettig, Supreme Ct. J.D. # 616 126-128 Walnut Street Harrisburg, PA 17101 (717) 232-3046 Attorneys for Defendant c -- r.J "<<;\. t'v 1 :-0 ~ It D - 0 ('. '- f' r-- ---.. u ..... ~ Jv ~ n = c: = ;J "'> ..,.. ~ $: ".. ~::n f' ~ ""OC:Cl c: 6 r mrn c;") ~.~ Z'~r-: zf. t - ~.< co f: ~ ,-. :2.,..; r::c:' ~r .." (;;>" .-(-:) ::x B~ )>c: ~ 'i;! z ~ =2 w (:)