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HomeMy WebLinkAbout99-06032J I? N v O .h h {dl Y 4 0 L? L ?i 'II \I ?I„? I llxl l I . VIII 1\\111111.1 \?II 1111 Pn U?1.I'ev•Il.xxnnlu.. I'I .?.1111•.II ICIUa.I 'In VpV (;IIL IIU 1. u1.. 6 u?\I \\ .+ .tin n•%I%\. P.C. \I I,Ix..l 1. 11 L.e Jefferson J. Shipman, Enquire Attorney I. D. No. 51785 GOLDBERG, KATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant I3 OCT ( 2 2001 a PAULINE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs . ROVEGNO'S OF CARLISLE, INC., Defendant NO 99-6032 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, ROVEGNO'S OF CARLISLE INC. AND NOW, comes the Defendant, Rovegno's of Carlisle, Inc., by and through its counsel, Goldberg, Katzman 6 Shipman, P.C., and files the following Pre-Trial Memorandum in accordance with Cumberland County Rule of Civil Procedure 212-9. 1. Statement of the basic facts as to liabilit . The case arises out of a fall down accident which occurred on March 26, 1998 at the outside of the Social Security Administrative Building, located at 901 East Louther Street in Carlisle, Pennsylvania, which was owned by the Defendant, Rovegno's of Carlisle. Plaintiff alleges the Defendant was negligent by allowing debris on the steps causing the Plaintiff to fall. The Defendant disputes this and asserts that the steps were of solid construction and free and clear of any debris whatsoever. The Defendant also asserts that the Plaintiff was comparatively negligent. The Plaintiff was apparently wearing a leg brace at the time of the accident and failed to use a handicap ramp or to otherwise safely descend the steps leading from the Social Security Office to the street level. The parties have agreed to bi-furcate the case and to try only the liability phase. 2. Statement of the basis facts as to damages. The parties have agreed to bi-furcate the case. 3. Statement as to the Principals issues of liability and damages. A. Whether the Defendant was negligent. B. Whether the Plaintiff was comparatively negligent. 4. Summarv of legal issues regarding admissibility of evidence. The Defendant does not anticipate any difficult or novel legal issues in the case. 2 5. Identity of witnesses. t? Richard Rovegno w/'? Sandra Gensler ? Ted Peters Pauline Wolfe Robert Wolfe Richard Hewitt 6. List of Exhibits with brief identification of each. A. Photographs of the location of the accident. B. Photograph of Plaintiff's leg brace and shoes. C. All discovery exchanged pertaining to liability. D. Depositions as pertinent. E. Occupancy Permit of the Commonwealth of Pennsylvania, Department of Labor. Respectfully submitted, GOLDBERG, KATZMAN 6 SHIPMAN, P.C. BY -.- Je fer n J. Shipman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: 16 ?10 IOI Attorneys for Defendant 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on October 10, 2001: Bruce Sobel, Esquire 300 Sunset Road, Suite 308 Burlington, NJ 08016 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. --1 J €ferson . Ship an, Esquire I . io 5 J785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant It 13 IN THE COURT OF COMMON PLEAS OF PAULINE and ROBERT WOLF, CUMBERLAND COITNTY, PENNSYLVANIA plaintiffs No. )9-r,01-2 CIVIL TERM VS. CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., JURY TRIAL DEMANDED Defendant IN RE: PRETRIAL CONFERENCE A pretrial conference by telephone was held on Wednesday, October. 17, 2001, before the Honorable George E. Hoffer, President Judge, and Bruce L. Sobel, Esquire, attorney for the plaintiff, and Jefferson J. Shipman, Esquire, attorney for the defendant. This is a slip and fall r_egligence case in which the attorneys suggested to the Court that it be tried in a bifurcated manner. The liability section of the trial is ready for trial the week of November 5, 2001, and the attorneys indicate that can be tried in one day or less with four challenges each. The Court indicated its reluctance to have two separate juries hear this case in two separate pieces. The attorneys suggested that they could agree upon a procedural method and venue for hearing the damage section, independent of a jury trial in Cumberland County. The attorneys indicated that they would resolve this question over the next several days and reduce their agreement to writing; therefore, the Court agrees that the case can remain on this trial list, and we will be making the damage resolution agreement part of the record as soon as it is received. By the Court, Hoffer, P.J. Bruce L. Sobel, Esquire 300 Sunset Road, STE 308 Burlington, NJ 08016 For the Plaintiff Jefferson J. Shipman, Esquire 320 Market Street Harrisburg, PA 17108-1268 For the Defendant Court Administrator Prothonotary pcb to L LL) L 1 :t Jefferson J. Shipman, Esquire Attorney I. D. No. 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant PAULINE and ROBERT WOLF, Plaintiffs V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-6032 CIVIL TERM CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant JURY TRIAL DEMANDED DEFENDANT'S POINTS FOR CHARGE 1. Based on all of the evidence and law, you are instructed to return a verdict in favor of the Defendant and against the Plaintiff. Given: Modified: Rejected: _ 2. Defendant requests the following Pennsylvania Standard Jury Instructions be given: 3.00. Issues in the Case. 5.50. Burden of Proof. 3.01. Negligence. 3.02. Ordinary Care. 3.03. Contributory Negligence. 3.25. Legal Cause. 5.03. Number of Witnesses. 5.04. Conflicting testimony. 5.05. Willfully False Testimony. Given: Modified: Rejected: 2 C The law does not require that a property owner be an insurer or guarantor against any type of accident that might occur on its premises or befall a business visitor. The landowner's duty, therefore, is only the duty to exercise reasonable care. Markel v. Robert Hall Clothes, 411 Pa. 282, 191 A.2d 379 (1963) and Montaperto v Split Rock Resort, 765 F.Supp. 852 (M.D. Pa. 1991). Given: Modified: Rejected: 3 ...::.... . ,. The mere happening of an accident does not automatically mean that someone is negligent. Moreover, the mere happening of an accident does not prove negligence. Miller v. Hickey, 368 Pa. 317, 81 A.2d 910 (1951), Loed v. Allegheny County, 394 Pa. 433, 147 A.2d 336 (1959) ; and Swift v. Northeastern Hospital of Philadelphia, 690 A.2d 719 (Pa. Super 1997), Given: Modified: Rejected: 4 All persons have an ever-present duty to look where they are going. The law requires a person exercise reasonable care and diligence and to be attentive while walking from a commercial establishment. Villano v. Securit Savin s Assn., 268 Pa. Super. 67, 407 A.2d 440 (1979). Given: Modified: Rejected: _ 5 6. The Defendant's duty of care to the Plaintiff is as follows: A possessor of land is subject to liability for physical harm to his invitees by a condition on the land if, but only if, he: (a) knows or by exercising reasonable care would discover the dangerous condition and should realize that it involves an unreasonable risk of harm to the invitee; (b) the possessor of land should expect that the invitee will not discover or realize the danger or fail to protect himself or herself against that dangerous condition; and (c) the possessor fails to exercise reasonable care to protect the invitee against the alleged danger. Restatement (Second) Torts, Section 343. Given: Modified: Rejected: __ 6 The Plaintiff has the burden of proving to you that, in fact,, a dangerous condition of the property caused her to fall i and sustain an injury. If she has not proven a dangerous 4 condition which caused her to fall, she may not recover. Restatement (Second) of forts, §393. Smith v. M.P.W. Realty Co., 923 Pa. 536, 225 A.2d 227 (1967). Given: Modified: Rejected: _ 7 The Plaintiff also has the burden of proving how the C8 condition, if any, got on the steps or how long it had been there prior to the accident. If she has not proven either of these I i elements, then she may not recover. Martino v. Great Atlantic & Pacific Tea Co., 419 Pa. 229, 213 A.2d 608 (1965). Given: Modified: Rejected: _ 8 9. If there is no evidence that the landowner had a hand in creating the allegedly dangerous condition, then the Plaintiff must prove that the condition existed for such a length of time that, in the exercise of reasonable care, the owner should have known about it. Moultrev, supra. Given: Modified: Rejected: 9 10. You are not required to accept the evidence offered by Mrs. Wolf as to the causal relation between the accident and any damages that she is claiming. You may reject such evidence, or any part of it, if you do not find it credible or if, in your minds, it does not meet the standards as to the burden of proof as has been defined by this court. You may reject such evidence, or any part of it, even though no contradictory evidence has been offered by the Defendant. You may make your findings independent of all, or any part of, such testimony. Gaita v. Pamula, 385 Pa. 171, 122 A.2d 63 (1956) Given: Modified: Rejected: 10 11. Any award of damages to the Plaintiffs must be based upon evidence, not conjecture or speculation. Gordon v. Trovato, 234 Pa. Super. 279, 338 A.2d 653 (1975) Given: Modified: Rejected: _ B DATE: GOLDBERG, KATZMAN L SHIPMAN, P.C. Jefferson J. Shipman, Esquire Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 11 PAULINE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. NO 99-6032 CIVIL TERM CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed, by and between Bruce Sobel, Esquire, for Plaintiffs, and Jefferson J. Shipman, Esquire, for Defendant, that subparagraphs (h) and (i) of paragraph 14 only are hereby stricken and deleted from the Complaint. DATE: (1(SI'l5' DATE: 10 I 'y? 11 1 32349.1 f? Bruce '3d)5el, Esquire 300 Sunset Road, Suite 308 Burlington, NY 08012 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. Jefrerson J. Shipman, Isquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ?- C1 R' -- ? ??; (': c:,? : i,_ _. %y . LJ. V.' ( . r• ?_. 'L: 1.?, BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Attorney for Plaintiff Burlington, NJ 08016 (609) 239-1174 PAULINE and ROBERT WOLF, h/w 313 West Shady, Apt. V Enola, Pennsylvania 17025 Plaintiff, V. ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY TERM NO.: 99 - t 02 a PLAINTIFF'S RESPONSE TO DEFENDANTS NEW MATTER 26 - 37. Denied. This paragraph contains conclusions of law and fact to which no responsive pleading is necessary and is therefore denied. Strict proof therefore is demanded at trial BLOCK & SOBEL, P.C. BRUCE L. SOBEL, E QUIRE Attorney for Plaintiff ?t ?` / 5 DATED: r L Q, LIJ iC!" C7 01 ?J CT U PAULINE and ROBERT IN THE COURT OF COMMON PLEAS OF WOLF, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant NO. 99-6032 CIVIL TERM VERDICT [The trial in this case has been bifurcated between liability and damages. The only issues to be determined by thejury related to liability.] Question 1: Do you find that Defendant was negligent? Yes Nox If you answer Question I "No," Plaintiffs can not recover and you should not answer any further questions and should return to the courtroom. uestion 2: Was Defendant's negligence a substantial factor in bringing about the harm to the Plaintiff Pauline Wolf? Yes _ No If you answer Question 2 "No," Plaintiffs can not recover and you should not answer any further questions and should return to the courtroom. J r Question 3: Do you find that Plaintiff Pauline Wolf was contributorily negligent? Yes _ No If you answer Question 3 "No," Defendant is liable to Plaintiffs without further issue and you should not answer any further questions and should return to the courtroom. Question 4: Was Plaintiff Pauline Wolfs contributory negligence a substantial factor in bringing about her harm? Yes _ No If you answer Question 4 "No," Defendant is liable to Plaintiffs without further issue and you should return to the courtroom. Question 5: If you have answered "Yes" to Questions I, 2, 3 and 4, then answer the following: Taking the combined negligence that was a substantial factor in bringing about the harm to Plaintiff Pauline Wolf as 100 percent, what percentage of that causal negligence was attributable to Defendant and what percentage was attributable to Plaintiff Pauline Wolf? PERCENTAGE OF CASUAL NEGLIGENCE ATTRIBUTABLE TO DEFENDANT: _ % PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO PLAINTIFF PAULINE WOLF: _ % TOTAL 100% If you have found Plaintiff Pauline Wolfs negligence was greater than 50%, Plaintiffs can not recover. In any event, you should return to the courtroom. lIZXO/ (Date) (Foreperson) CASE NO.: '6'13 biY2 DOCKET NO .: 99-403.L Juror# Name 5 Cretella, Margaret A 34 HauOer,Joan F P iI Reisinger, Angela D t' Douden, Allen L Jr P) Falcone, Frank G 24 Mittong, Betty L 58 McHale, Jane M n X, Green, Robyn K 60 Weigl, Herbert Jr p P3 >? Shiery, Lori A N P4 Cero, Benjamin A 12 Vogel, Robert A 1)2- X Kil, Heung Jason 115 Dunbar, Derwood B Jr 18• Fraw: Dolores D 100 Sist4 Douglas R 50 Curry, Robert E 23 Wallace, Betsy S 37 Deft, Ellen K 113 Ramsey, Jessica M 94 Heberlig, Dwaine R D?j _X. Syphrit, Nicola A 55 Humphries, John H Sr 74 Melewsky, Adam R 102 Nye, Phyllis M 68 Evans, Loma R 98 Slike, Lesit M 91 Ricelo, Linda 79 Taylor, Gertrude R 30 Greenberg, Susan 14 Britt, Brian J 88 Urban, Victoria E 53 Carter, Jeffrey S 44 Brinton, Gary L 27 Lavelle, John J Jr 86 Singer(Eberlin), Lori Nomf oy, November II(1; 2001 ,Judge,,. ClerldProm npWft_I COURTROOM NO.: Vs t& T<. DATE: /i/5/0/ Random, No. -1729257687 -1695310386 -1557129667 -1461152154 -1146038037 -1059382405 -1014885393 -994491568 -863618300 -798934349 -679160567 -650371713 -349406008 -282999201 -72655931 2414115 28227258 164765602 169464119 251627670 453828653 470011958 753404953 831596754 949818920 966653877 1022088682 1256441948 1258992913 1355217441 1456556372 1698809255 1771316088 1933652140 2029278880 2127501822 pe0e 1 of 1 BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Attorney for Plaintiff Burlington, NJ 08016 (609)239-1174 PAULINE and ROBERT WOLF, h/w 313 West Shady, Apt. V Enola, Pennsylvania 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. TERM NO.:?? . 60.3,1 ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 Defendant. CIVIL ACTION COMPLAINT NOTICE TO DEFEND 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 r by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You arc warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. 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 TELEIIPONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Attorney for Plaintiff Burlington, NJ 08016 (609) 239-1174 PAULINE and ROBERT WOLF, hhv 313 West Shady, Apt. V Enola, Pennsylvania 17025 COURT OF COMMON PLEAS CUMBERLAND COLJNTY Plaintiff, V. TERM NO.: 119- bo32- Q Tc4 - ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 Defendant. CIVIL ACTION COMPLAINT Premise Liability, Slip and Fall Plaintiffs, Pauline and Robert Wolf, are adult individuals who currently reside at 313 West Shady, Apartment V, Enola, Pennsylvania 17025. 2. Defendant, Rovegno's of Carlisle (hereinafter referred to as °Rovegno"), upon information and belief is a corporation and/or other business legal business entity, organized and existing under the laws of the Commonwealth of Pennsylvania with a principal business office located at 401 East Louther Street, Carlisle, Pennsylvania. 6. On or about March 26, 1998, Defendant, Rovegno were the owners and/or parties in control of the premises, sidewalk, steps/stairs, steps and/or abutting area located at 401 East Louther Street, Carlisle, Pennsylvania. 7. At all times material hereto, Defendant, Rovegno acted and/or failed to act by and through its employees, agents, servants, and/or other representatives, who were acting within the course and scope of their employment, agency and/or other representation and on behalf of said Defendant, Rovcgno, in furtherance of its business, missions, and affairs. Defendant, Rovcgno, at all times material hereto, was responsible for the maintenance and repair of the premises, sidewalk, steps/stairs, and/or abutting area of the premises, located at the aforementioned location. 9. Defendant, Rovcgno, had a duty to pedestrians and/or business invitees on the aforesaid premises, sidewalk, steps/stairs, and/or abutting area to keep the steps/stairs and/or abutting area in a safe condition and to inspect the premises, sidewalk, steps/stairs, and/or abutting area and warn pedestrians thereon of any defective, dangerous and/or hazardous conditions. 10. On or about March 26, 1998, and for some time prior thereto, there existed a certain defective, dangerous and hazardous condition on said sidewalk, steps/stairs and/or abutting area of the premises located at the aforementioned site. 11. Defendant, Rovcgno, knew or should have known of the existence of the defective, dangerous and hazardous condition, but permitted the aforesaid condition to exist. 12. On or about March 26, 1998, Plaintiff, Pauline Wolf, was walking on said stairs/steps by the building Social Security Office in Carlisle, Pennsylvania, when solely as a result of the Defendants' negligence, carelessness, recklessness and wantonness, she did trip, slip, stumble and fall by reason of coming into contact with a defective, dangerous and hazardous condition of the sidewalk, steps/stairs and/or abutting area in the form of debris, trash, and/or other substances. 13. Plaintiff avers the premises, sidewalk, steps/stairs, and/or abutting area of the steps/stairs constituted a defective, dangerous and/or hazardous condition, public nuisance and menace to persons travelling on said premises, sidewalk, steps/stairs, and/or abutting area. 14. The aforesaid accident was caused by the negligence, carelessness, recklessness and wantonness of the Defendant, Rovegno, and consisted of the following: (a). Failing to maintain the premises, sidewalk, steps/stairs and/or abutting area in a condition which would protect and safeguard persons walking on said premises, sidewalk, steps/stairs and/or abutting area; (b). Permitting the said premises, sidewalk, steps/stairs and/or abutting area to remain in a condition so as to constitute a menace, danger, nuisance, snare and trap to persons walking on said premises, sidewalk, steps/stairs and/or abutting area; (c). Failing to have said premises, sidewalk, steps/stairs and/or abutting area inspected at reasonable intervals in order to determine if it was in proper condition; (d). Failing to give notice or to wam persons walking on the said premises, sidewalk, steps/stairs and/or abutting area of the dangerous and perilous conditions of the sidewalk, steps/stairs and/or abutting area; (e). Disregarding the rights and safety of the Plaintiff on said premises, sidewalk, steps/stairs and/or abutting area; (f). Violations of local ordinances and statues of County, and of the Commonwealth of Pennsylvania; (g). Failing to correct said dangerous and/or hazardous condition the premises, sidewalk, steps/stairs and/or abutting area in a condition which would protect and safeguard persons walking on said premises, sidewalk, steps/stairs and/or abutting area; (h). Negligence at law; (i). Such other acts of negligence as shall be revealed by discovery. 15. By reason of the occurrence above described, Plaintiff, Pauline Wolf, sustained injuries in and about her body and extremities, which injuries are or may be serious, severe and permanent. Plaintiff, Pauline Wolf, suffered serious personal injuries to her body, which are or may be permanent in nature, including, but not limited to her head, neck, shoulders, arms, back, torso, hands, legs, feet, hips as well as severe shock to her nerves and nervous system and various ills and injuries, and she was made to undergo great physical pain and mental anguish as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future. 16. As a result of the negligence and carelessness of Defendant, Rovegno, herein as aforesaid, Plaintiff has been obliged to expend large and various sums of money for medicines and medical attention in and about endeavoring to treat and cure said injuries and will be required to expend large sums of money for the same purposes in the future. 17. By reason of the occurrence above described, Plaintiff was prevented from attending her usual and daily occupation and duties to her great financial damage and loss. 18. As a further result of the negligence, carelessness and/or recklessness, Plaintiff, Pauline Wolf, has been caused and may continue to be caused in the future, to be unable to do her usual duties, activities, occupation, advocation, all to her great financial loss and detriment. 19. As a result of the aforementioned injuries, Plaintiff, Pauline Wolf, has undergone and in the future will undergo great physical and mental suffering, a great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 20. As a result of the aforesaid injuries, Plaintiff, Pauline Wolf, has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. WHEREFORE, Plaintiff demandsjudgment against Defendant, Rovegno, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit and attorney's fees. COUNT II 21. The averments set forth in paragraphs one (1) through twenty (20) are inclusive of this Complaint are incorporated herein by reference as though same were set forth more fully at length herein. 22. Plaintiff, Robert Wolf, at all times relevant hereto is and was the husband of Plaintiff, Pauline Wolf. 23. Plaintiff, Robert Wolf, has been and may continue to be forced to expend money and incur obligations in and about an effort to assist in the cure and care of his wife's aforesaid injuries. 24. Plaintiff, Robert Wolf, has been and may continue to be deprived of the services, society, companionship and consortium of his wife, all to great detriment and loss. 25. In addition to any forgoing losses plaintiff may have suffered, plaintiff hereby makes specific claim that as a direct result of the accident giving rise to the injuries above mentioned, plaintiff has suffered a reduction in the ordinary joys of life, including but not limited to the joy of striving for happiness and the joy of attaining happiness as well as the loss of the enjoyments of the pursuits and pleasures of life and that this claim is a separate and distinct claim for losses incurred as a result of the defendants' negligence as aforesaid. WHEREFORE, Plaintiffs demand judgment against Defendant, Rovegno, for damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with interest, costs of suit and attorney's fees. BLOCK & SOBEL, P.C. DATED: BRUC . SOBEL, ESQUIRE Attorney for Plaintiff 6 BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Burlington, N] 08016 (609) 239-1174 Attorney for Plaintiff PAULINE and ROBERT WOLF, h/w 313 West Shady, Apt. 10 Enola, Pennsylvania 17025 Plaintiff, V. ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: TERM I, Robert Wolf, Plaintiff, verify that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A section 4904 relating to unswom falsification authorities. 7 t), /5 -,q 14, Z., /Al le ?/? - - DATE ROBERT WOLF BLOCK & SOBEL, P.C. BY: BRUCE L. SOBEL, ESQUIRE Identification No. 68115 300 Sunset Road, Suite 308 Attorney for Plaintiff Burlington, NJ 08016 (609) 239-1174 PAULINE and ROBERT WOLF, h/w 313 West Shady, Apt. 0 6/ Enola, Pennsylvania 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. NO.: TERM ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 Defendant. I, Pauline Wolf, Plaintiff, verify that the statements contained in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A section 4904 relating to unswom falsification authorities. DA E PAULINE WOLF u" u. ? 'I"J 1\ 1 V 1 ? vV >- :' Jefferson J.Shipman, Esquire I.D. 1: 51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant PAULINE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO 99-6032 CIVIL TERM CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER the appearance of the undersigned on behalf of the Defendant in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. f son J. Ship an, Esquire 0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant DATE: October 25, 1999 31935.1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on October 25, 1999: Bruce Sobel, Esquire 300 Sunset Road, Suite 308 Burlington, NJ 08016 Attorney for Plaintiffs ERG, KATZMAN & SHIPMAN, P. C. u ca_ ca.owa u. aaai Yau¢u ,I a.oyua I. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ?? ? -, G `,; ??. ?? ' i.. i _ ?? CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, -VS- CASE NO: 99-6032 ROVEGNO•S OF CARLISLE, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFREY SHIPMAN ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. A"F on if of DATE: 02/26/2001 YbeQ IRE Attorney for DEFENDANT DE11-237439 22624-L.05 COMMONW'EALTH OF PENNSYLVANMA COUNTY OF CLIMBERLANI? IN THE MATTER OF: COURT OF COMKON PLEAS PAULINE AND ROBERT HOLFE TERM. -VS- CASE NO: 99-6032 ROVEGNO•S OF CARLISLE, INC. 'NATIONAL GENERAL INSURANCE INSURANCE PENNSYLVANIA NAT•L MUTUAL CAS. INSURANCE TO: BRUCE SOBEL, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 0210612001 CC: JEFFREY SHIPMAN, ESQUIRE - 22740-838 HCS on behalf of JEFFREY SHZPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144480 2 2 6 2 4- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERL.A\*D PAULINE 6 ROBERT WOLF VS File No. 99-6032 CIVIL ROVEGNOS OF CARLISLE SUBPOENA TO PRODUCE DOCUMEL\TS OR THINGS FOR DISCOVERY PURSUAN I' TO RULE 40092 TO: CUSTODIAN OF RECOREDS FOR: NATIONAL GEN PAT, ASSUPANCF (game of Person or Fstlty) Within raven-• (20) days after service of this subpoena, you we ordered by the court to produce the following documents or things: REF ATTACHED at MCS GROUP INC 1601 MARKET ST. #800 PHILA PA 19103 (Addms) 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 parry malting 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, s ithin twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with ft- THIS SLBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME _ 7FFFFRSON T SHTPMAN FSO ADDRESS: PO BX 1268 HARRTSBUR• PA 17108 TELEPHONE 215-246-0900 SUPREME COURT ID N: ATTORNEY FOR: _ DEFENDANT DATE- Seal of the Cot:rt (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OP Rl"MIMS FOR NATIONAL CENF.RAI.INSUIZANCF P.O. BOX 66822 ONI? NATOONA1. GF.N PI. S'f. LOUIS, MO 63166 RE: 22624 PAULINI'. M. WOLN" Any and all claims files. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAIL ROAD, FTTERS, PA 17319 Social Security A 202-447424 Date of Birth: 09-13-1955 Date of Loss: 03126/1998 Sill 0-289182 22624-L0 5 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, -VS- CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFPREY SHIPMAN, ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on behalf of DATE: 0212612001 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-237440 22624-L 06 COMMO NW'.AL T H Or PENN S YLVANTA COUNTY Or CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT NOLFE TERM, -VS- CASE NO: 99-6032 ROVEGNOIS OF CARLISLE, INC. A NATIONAL GENERAL INSURANCE INSURANCE PENNSYLVANIA NAT'L MUTUAL CAS. INSURANCE TO: BRUCE SOBEL. ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 02 / 06 / 2001 CC: JEFFREY SHIPMAN, ESQUIRE - 22740-838 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE HCS GROUP INC. 1601 MARKET STREET d800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-144480 22-62-4-C03- COM MONWEALTH OF PEN\rSYLVANIA COUNTY OF CUMBERL4_VD PAULINE & ROBERT WOLF VS ROVECNOS OF CARLISLE File No. 99-6032 CIVIL SUBPOENA TO PRODUCE DOCUME\-CS OR THINGS FOR DISCOVERY PURSUAN1 7 TO RULE 4009-22 TO: CUSTODIAN OF RECOREDS FOR: PENNSYLVANIA NATIONAL MUTUAL CASUALTY game or renon or Entim) Within r e-:y (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at _MCS GROUP INC., 1601 MARKET ST. 11800 PHILA PA 19103 (Addr"s) You may deiiver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party maYSng 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. It you fail to,roduce the documents or things required by this subpoena, within twenty (20) days after its service, the part serving :his subpoena may seek a court order compelling you to comoly with it THIS SLBPOENA WAS ISSUED ATTHE REQUEST OF THE FOLLOWING PERSON: NAME ADDRESS: PO BX 1268 HARRISBURG, PA 17108 TELEPHON=• 215-246-0900 SUPRENIE COURT ID 11: ATTORNEY FOR. DEFENDANT YDATE XYAAAA-D t?f =I Seal of the Court .ff.-i 91 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NAT'L MUTUAL CAS. P.O. BOX 3880 HARRISBURG, PA 17105 RE: 22624 PAULINE M. WOLFE CLAIM #02485482; DOA: 12/14/98. Any and all claims files. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAIL ROAD, ETTERS. PA 17319 Social SecurityN: 202-447424 Date of Birth: 09-13-1955 Date of Loss: 03/26/1998 SU10-289184 22624-L 06 __ Jefferson J. Shipman, Esquire Attorney I. D. No. 51785 GOLDBERG, KATZMAN i SHIYHAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant PAULINE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO 99-6032 CIVIL TERM CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs and their Attorney, Bruce Sobel, Esquire Block & Sobel Suite 308 300 Sunset Road Burlington, NJ 08016 YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Pamela M. Zaiser, within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. fte?ferb`8n J. Shipman, squire orney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: ?? 1g I9? Attorneys for Defendant Jefferson J. Shipman, Esquire Attorney I. D. No. 51785 GOLDBERG, HATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant PAULINE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO 99-6032 CIVIL TERM CIVIL ACTION - LAW ROVEGNO'S OF CARLISLE, INC., Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Rovegno's of Carlisle, Inc., by and through its counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter: 1. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph I and the same are, therefore, denied. 2. Admitted. 6. Denied. The averments contained in Paragraph 6 are conclusions of law to which no response is required. If a response is deemed to be required, the averments of Paragraph 6 are expressly denied. 7. Denied. The averments contained in Paragraph 7 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in Paragraph 8 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in Paragraph 9 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in Paragraph 10 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in Paragraph 11 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 2 12. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of whether the Plaintiff, Pauline Wolf, was walking on said stairs and steps by the building of the Social Security office in Carlisle, Pennsylvania, on March 26, 1998. By way of further answer, the remaining averments of Paragraph 12 are denied as conclusions of law. 13. Denied. The averments contained in Paragraph 13 are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 14. Denied. The averments contained in Paragraph 14, Subparagraphs (a)-(i), are conclusions of law to which no response is required. If a response is deemed to be required, each and every averment contained therein is specifically denied. By way of further response, Subparagraphs (h) and (i) of Paragraph 14 have been stricken and deleted from the Complaint by way of Stipulation of Counsel. 15. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 15 relating to Plaintiff's alleged injuries and the same are, 3 therefore, denied. Strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 16 relating to Plaintiff's alleged injuries and the same are, therefore, denied. Strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 17 relating to Plaintiff's alleged injuries and the same are, therefore, denied. Strict proof is demanded at the time of trial. 18. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 18 relating to Plaintiff's alleged injuries and the same are, therefore, denied. Strict proof is demanded at the time of trial. 19. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 19 relating to Plaintiff's alleged injuries and the same are, therefore, denied. Strict proof is demanded at the time of trial . 20. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 20 relating to Plaintiff's alleged injuries and the same are, therefore, denied. Strict proof is demanded at the time of trial. WHEREFORE, the Defendant, Rovegno's of Carlisle, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II ROH(:RT WOLF v. ROVEGNO'S OF CARLISLE. INC. (LOSS OF CONSORTIUM) 21. Defendant incorporates herein by reference its answers to Paragraphs 1 through 20 above as though fully set forth herein at length. 5 VERIFICATION I, RjC-HRRO {.. ROVEGNO , have read the foregoing and hereby affirm that it is true and correct to the best of my personal knowledge, or 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. ROVEGNO'S OF-PRLISLE, By f /tcviG? / . DATE : /1. f _ I 32729.1 22. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 22 and the same are, therefore, denied. 23. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 23 and the same are, therefore, denied. 24. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 24 and the same are, therefore, denied. 25. Denied. After reasonable investigation, the answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 25 and the same are, therefore, denied. WHEREFORE, Defendant, Rovegno's of Carlisle, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. 6 NEW MATTER By way of additional answer and reply, Defendant interposes the following New Matter defenses: 26. That the Plaintiffs, claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et sea., and by the doctrine of comparative negligence. 27. That Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 28. That Plaintiff was comparatively negligent and failed to exercise reasonable care for her own safety in the following: (a) Walking and stepping inattentively without first ascertaining whether it was safe to do so; (b) Knowingly and voluntarily encountering an obvious danger; (c) Failing to take an alternative route; (d) Attempting to descend the steps when there was a safer alternative route; (e) Failing to watch where she was walking; (f) Failing to wear suitable shoes; (g) Walking and stepping in a hurried or otherwise inappropriate manner; (h) Failing to utilize the available handrails; and (i) Failing to obtain assistance while descending the steps. 7 29. The Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 30. That if a dangerous condition existed at the time of the Plaintiff's accident, which is denied, then Defendant avers that it did not have actual or constructive notice of the allegedly dangerous condition prior to the accident. 31. That the Plaintiff's injuries and damages, if any, were not caused by any act, omission or breach of duty by answering Defendant. 32. That Plaintiff knowingly and voluntarily assumed the risk of her injuries under the circumstances then and there existing by identifying a dangerous condition, appreciating its dangerous character and voluntarily proceeding to encounter the condition. 33. That the Plaintiff's cause of action may be barred by the applicable statute of limitations. 39. That the Plaintiff's accident and any injuries sustained by her may have been caused in whole or in part by the negligence of third persons not presently involved in this action. 8 35. That the Plaintiff's accident and any injuries sustained by her may have been caused by an intervening, superseding cause. 36. That if it should be found that there was any negligence on the part of Defendant, which negligence is expressly denied, any such negligence was not a proximate cause of any damages to the Plaintiff. 37. That the Plaintiff's accident and any resulting injuries may have been caused in whole or in part by an act of God or by forces beyond the control of Defendant. WHEREFORE, Defendant, Rovegno's of Carlisle, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. GOLDBERG, KATZMAN 6 SHIPMAN, P.C. DATE: { 1 l I q9 32128.1 ffff son J. Shipman, squire torney I.D. 51785 3 0 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant 9 I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on November 8, 1999: Bruce Sobel, Esquire 300 Sunset Road, Suite 308 Burlington, NJ 08016 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. son J. Shi an, Esquire 44 51785 . Box 1268 0 iHarrisburg, PA 17108-1268 Attorneys for Defendant ?- c> c- .._ i_ r iii. i ?; (`' , .' y' _ . ?.? C:= r - c SHERIFF'S RETURN - REGULAR CASE NO: 1999-06032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WOLF PAULINE ET AL vs. ROVEGNO'S OF CARLISLE INC HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon ROVEGNO'S OF CARLISLE INC the defendant, at 9:14 HOURS, on the 6th day of October 1999 at 401 EAST LOUTHER STREET CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to MICHELLE DANNER (RECEPTIONIST) a true and attested copy of the COMPLAINT together with NOTI and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Affidavit .00 ? Surcharge 8.00 omas ine, 5 eri $,e!).-LU BLOCK &9SOBEL 10/07/199 by ep y oner1j'r Sworn and subscribed to before me this d ,2 m: day of Cc-&L. 199 9 A.D. 1. /-) 7'L, . dn. 40", rocnonorary 4 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (XX ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PAULINE and ROBERT WOLF, VS. (Plaintiff) ROVEGNO'S OF CARLISLE, INC., VS. (Defendant) (check one) ( ) Assumpsit (x) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on 10/19/01 and Trials commence on 11/5/01 Pretrials will be held on 10/17/01 (Briefs are due 5 days before pretrials.) (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. _ Civil 99-(aoJa c;ail 1999' Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman, Esq. , P.O. Box 1268, Harrisburg, PA 17108-1268, Attorneys for Defendant -Indicate trial counsel for other parties if known: Bruce Sobel, Esquire, 300 Sunset Road, ': Suite 308, Burlangton, NJ 08016, Attorney for Plaintiffs 1 This case is ready for trial. Date: 8/9/01 Signed: ?/! ? ..? . Print Name%_"`Jefferson J. Shuman, Esquire Attorney for: ._ Defendant u.i >n -i Li J1U CD U `1e ?I 14 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania, on August 9, 2001: Bruce Sobel, Esquire 300 Sunset Road, Suite 308 Burlington, NJ 08016 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. J f rson J. Shipm n, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant d CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: PAULINE AND ROBERT WOLFE -VS- ROVEGNO'S OF CARLISLE, INC. COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-6032 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/2812000 RE? ? P F SHI MAN, ESQUIRE Attorney for DEFENDANT DE11-170139 22624-10 COMMON-WE:AI-TH OF PENNSYLVANIA COUNTY OF C UMB E R LA N D IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, 0 -VS- CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. OF CARLISLE SURGICAL CENTER MEDICAL WALTER REED, PAIN CLINIC MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL TO: BRUCE SOBEL, ESQUIRE MCS on behalf of JEFFREY SHIPMAN_ ESQUIRE identical to the one that is attached to this notice. Youohave twenty (20) a 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 pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2000 MCS on behalf of CC: JEFFREY SHIPMAN, ESQUIRE - 22740-838 Any questions regarding this matter, contact JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT _ THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116139 22624_C01 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE 6 ROBERT FOLFE VS File No. 99-6032 ROVEGNO'S OF CARLISLE, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN nP prrnonc Fno• rARLISLE STIRGICAT CENTER (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: at 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: NAME: JEFFREY J. SHIPMAN ESQUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID#: ATTORNEY FOR: THE DEFENDANT BY THE COURT- / 1 ( rll.ltl.? f\- l DATE: I I L{J Prothonotary/Clerk, dvil Division C:?0.?'J(nlon? Deputy Seal of the Court (Eff. 7/97) EXPLANA'T'ION OF REQUIRED RECORDS TO: CUSTODIAN OI" RECORDS FOR: CARLISLE SURGICAL CEN17:R 246 PARKER STRI CARLISLE, PA 17013 RE: 22624 PAULINE M. WOLFE Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAIL ROAD, ETTERS, PA 17319 Social Security A 202.447424 Date of Birth: 09-13-1955 92 22624= CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22*F IN THE NATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, 0 -VS- CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2000 JEFFREY SHIPMAN. ESQUIRE Attorney for DEFENDANT DE11-170140 2 2 6 2 4- L 0 2 C OMMO M- EAL.T H OF P E N N S YL VAN I A COUNTY OF C UMB E RL AN D IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, 0 VS- CASE NO: 99-6032 ROVEGNO'S OF CARLISLE. INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE SURGICAL CENTER MEDICAL WALTER REED, PAIN CLINIC MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL TO: BRUCE SOBEL, ESQUIRE MCS on behalf of JEFFREY SHIPMAN, ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2000 CC: JEFFREY SHIPMAN, ESQUIRE - 22740-838 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116139 2 2 6 2 4- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE 6 ROBERT WOLFE VS (079 ROVEGNO' S OF CARLISLE, INC. File No, 99- SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ WALTER REED PAIN CLINIC (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: at - lies 6R Addrea, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME JEFFREY J. SHIPMAN, ESQUIRE ADDRESS: 320 MARKET STREET P 0 BOX 176 HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT ID tt: ATTORNEY FOR: THE DEFENDANT BY THEI COURT: 1 DATE: 3I lL I VU Prothonotary/Clerk, Civil division Deputy Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUS'T'ODIAN OF RIiCORDS FOR: WAITER REND, PAIN CLINIC C/0 WAI:1'ER REED 6525 16111 ST, N.W. WASIIING'I'ON, DC 20307 RE: 22624 PAULIM M. WOLFS Any and all records, correspondence, riles and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAIL ROAD, EITERS, PA 17319 Social Security N: 202-447424 Date of Birth: 09-13-1955 SU10-238194 22624-1-02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: PAULINE AND ROBERT WOLFE -VS- ROVEGNO'S OF CARLISLE, INC. COURT OF COMMON PLEAS TERM, 0 CASE NO: 99-6032 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JEFFREY SHIPMAN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2000 JEFFREY SHIPMAN, ESQUIRE Attorney for DEFENDANT DE11-170141 2262-4-L 03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C UM B E RLAN D IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE -VS- TERM, 0 CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE SURGICAL CENTER MEDICAL WALTER REED, PAIN CLINIC MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BARER MEDICAL TO: BRUCE SOBEL, ESQUIRE MCS on behalf of JEFFREY SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and retuxaing same to MCS or by contacting our local MCS office. DATE: 03/08/2000 CC: JEFFREY SHIPMAN, ESQUIRE - 22740-838 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116139 2 2 6 2 4- C O 1. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE & ROBERT WOLFE VS File No. gq-Fni9 ROVEGNO'S OF CARLISLE, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: _ CUSTODIAN OF RECORDS FOR: HERSHEY M DI A CENTER (.Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce th- following documents or things: 11- pTTACHF? at _MCS GROUP INC. 1601 MARKET STREET SUITF B00 PHTIADFLPHTA PA 19103 (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: NAME: JEFFREY J. SHIPMAN. ESOUIRE ADDRESS: 320 MARKET STREET, P.O. BOX 12 68 HARRISBURG PA 171OR TELEPHONE: (215) 246-0900 SUPREME COURT IDe: ATTORNEY FOR: THE DEFENDANT BY TI-1;E COURT• DATE: o u.+ Prothonotary/Clerk jvil Division Deputy Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: MRSIIEY MEDICAL CIN11iR 500 UNIVERSITY DRIVE P.O. BOX 850 IIERSIIEY, PA 17033 RE: 22624 PAULINE M. WOLFE Any and all records, correspondence, tiles and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAIL ROAD, ETTERS, PA 17319 Social Security U: 202-447424 Date of Birth: 09-13-1955 SU10-238196 22624-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT MOLFE TERM, 0 -VS CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of _ JEFFREY SHIPMAN ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 03/28/2000 JEFFREY SNIPMAN ESQUIRE Attorney for DEFENDANT DEII-170142 2-2624-L 04 COMMONWEALTH OP P E N N S YI-VAN = A COUNTY OF CUMB E RI-A N D IN THE MATTER OF: COURT OF COMMON PLEAS PAULINE AND ROBERT WOLFE TERM, 0 -VS- CASE NO: 99-6032 ROVEGNO'S OF CARLISLE, INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS CARLISLE SURGICAL CENTER MEDICAL WALTER REED, PAIN CLINIC MEDICAL HERSHEY MEDICAL CENTER MEDICAL DR. DAVID BAKER MEDICAL TO: BRUCE SOBEL, ESQUIRE MCS on behalf of JEFFREY SHIPMAN ESQUIRE intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/08/2000 CC: JEFFREY SHIPMAN, ESQUIRE _ 22740-838 Any questions regarding this matter, contact MCS on behalf of JEFFREY SHIPMAN ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-116139 2 2 6 2 4- C O JL COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULINE 6 ROBERT WOLFE VS ROVEGNO'S OF CARLISLE, INC. File No. 99-6032 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Within twenty (20) days after service of this sul things: at (Dame of Person or Entity) are ordered by the court to produce the following documents or :NFn (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 parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: JEFFREY J. SHIPNAN, ESQUIRE ADDRESS: 320 PIARKET STREET P.O. BOX 1268 HARRISBURG PA 17108 TELEPHONE: _ (215) 246-0900 SUPREME COURT ID : ATTORNEY FOR: THE DEFENDANT BY THE COURT: DATE: _3/lD II.IV Prothonotary/Clerk. Civil ivision Deputy Seal of the Court EXPLANATION OF RE, QUIRED RECORDS TO: CUSTODIAN OF RLCORDS FOR: DR. DAVID BAKER BELEDERE MED. CEMIT?R 850 WALNUT & BO'ITON CARLISLE, PA 17013 RE: 22624 PAULINE M. WOLFS Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. Dates Requested: up to and including the present. Subject : PAULINE M. WOLFE 1910 OLD TRAM ROAD, ETTERS, PA 17319 Social Security N: 202-447424 Date of Birth: 09-13-1955 SU10-238198 22624-1-04 } C:: .S ?. i'• ? L:'. ?? I ,.i I. ?. ? 4. ?' - _ ?.. l i ) ._u \I ?u?r r ?r ur r r vuo?r?r ur. ?? ? r vrr I'n Iln? l'ee • II .u ¢r.or rr I'r ??.4 ???n 1]Inr-I 'en rMV GuLUIR.HL. {. \l']. \I \? .: $II II'\I \?. P.C. Vr. .o ?r „ .r L r. Jefferson J. Shipman, Esquire Attorney I. D. No. 51785 GOLDBERG, RATZMAN 6 SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-9161 Attorneys for Defendant PRULZNE and ROBERT WOLF, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. NO 99-6032 CIVIL TERM ROVEGNO'S OF CARLISLE, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: PLEASE enter judgment in favor of the Defendant pursuant to the verdict of November 5, 2001. GOLDBERG, KATZMAN & SHIPMAN, P.C. qt f rson JShipma Esquire orney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: Ndv, 1/0 Attorneys for Defendant 71069.1 0 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served on the following counsel of record, by depositing the same in the United States Mai 1, postage prepaid, in Harrisburg, Pennsylvania, on November 16, 2001: Bruce Sobel, Esquire 300 Sunset Road, Suite 308 Burlington, NJ 08016 Attorney for Plaintiffs GOLDBERG, KATZMAN & SHIPMAN, P.C. J f erson J. Shipm n, Esquire I.D. #: 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant ~ - : Q - ;; ` 320 MARK F. "I' SI R1: h:'I' • S'I RAW Hh. R RY SO VA R E ILO. It ox 1268 • If A RR IS II If k o, PFNNS\'L\'ANIA 17100-1260 717.2.34.4161 • 7 17. 2.14. 6808 (PAS) fix GOLDBERG, KATZMAN fig SHIPMAN, P.C. VV0 A'1'"1'088 F. 1's A'I' I.AN October 29, 2001 OF CoONsF.I. F. LHE SIIO'AIAR JOSIIVA 1). LOCK AR'FIIOR L. GUI.1>RERG (1951.2000) President Judge' George E. Hoffer HARRY B. GOLDBERG (11969611--11998990) ( Cumberland Cou'iCY Courthouse 1 Courthouse suuare Carlisle, PA 17013-3387 RONALD M. KAIZ%IAN PAUI.J.ERFosrro In re: Pauline and Robert Wolf vs. Rovegno's NF..u. HENoF.Rmo.l, No. 99-6032 1. JAY CUOI'EH _umberland County Common Pleas TIIOAIAS E. BRF.N'NER Dear Judge Hoi-:-er• JOIIN A. Smix.R APRU. L. 3'rRANC-Kum Enclosed pleas.' find the signed stipulation of Guy If. BRnoKS agreement to a:i)itrate the damage phase of tzis matter JEFFERSON J. SHIPMAN as requested b,' Your Honor at the time of the Pre-Trial JERRI'J. Russo Conference. MICHAEL J. CRUCES"/.I THoKUS 1. R'EHER Thank you. S'rR\'FN E. GRUHII ARNOLD B. KOGAN e y truly yours, ROYCE L. MoRRIs EVAN J. EI.m., III A JOIIN DEL°Rr:Na" J eerso JSjim n J OAN R. NINOSKY JJS : mem DA%'ID %I. S'IECKEL Enclosure cc: Bruce SOL. 1, Esquire (w/enc.) C\RLISLK 01 h 1C1- . 717.24.5.0597 • TURK OFF w r: 717.845.7912 OCT 22 101 11:39RM G.K.S..P.C. 320 MA RR K'1' STR Y. K9' r S1'8 AWH V. R. HY SO II ARR P.O. BOX 1268 • HARRIN110R0, PRNNNI'1.VANIA 17108.12(18 717.231.1161 R 717.231.6809 (PAR) G6 OF Cou'av% K 1.L'R SHIPMAN JORIMA D. LOOK ARTHuA L. OOI.oouo (ISIS 1.211110) HARRY n. GOLORRRO (1961.1999) RONALD AI. KATZMAN PAIL J. KSPOWIC) Neu, H NNI Y.RNIlO9' J JAY COOPER TIIOAIAN F. BRP.NNRR JOHN A. S'fA'I'LP.R APRn. L. S'IRANG-KDTAI' MV H. BROOR9 JRPPY.RNO\ 1. SlljpmAN JKRRYj. RGNNO MILHAY.LL CROC.Y.N'/.1 'CHDIIAAJ. WHARR 8'IAYRN K. (N OUR ARNOLD B. KOGAN RDIaY. L. MORAis f VAKJ. KI.INR, III JOIN DRLoRKN20 JoILV R. NINONKY DAVID M, S'I'KI:KKI. GOLDBERG, KATZMAN & SHIPMAN, P.C. krTORNRYA Al' 'LAIV October 22, 2001 Via fax: 609-239-7758 Bruce Sobel, Esquire Block 6 Sobel, P.C. 300 Sunset Road, Suite 308 Burlington, NJ 08016 In re: Pauline and Robert Wolf No. 99-6032 Cumberland County Common Dear Bruce: P.1 vs. Rovegno's Pleas I am writing to confirm our agreement pertaining to the bi-furcation of this case with the liability phase to be tried during the November 5, 2001 trial term and, if necessary, the damages phase to proceed to an alterna- tive dispute resolution process within six (6) months following trial. The parties have also agreed to a high/low arrangement in the damage phase with the low set at $50,000 and the high set and capped at the policy limit of $500,000. In accordance with Judge Hoffer's instruction, please have your clients sign this letter to confirm their understanding and agreement to this arrangement., _ Please return a signed copy to me. e y truly &)ou?r?s, Je a onon J./SHipmaan JJS:mem Pauline Wolf T? p Git ? Robert Wolf C.91.INI.II OYPICY.: 717 215.0597 • YORK QE,IL'R: 717.114A.7912 BLOCK &SOBEL,L.L.C. COUNSELLORS AT LAW The Abate Building Suite 308 300 Sunset Road Burlington, New Jersey 08016 (609) 239-1174 Mercer County (609)-737.1643 Fax(609)239-7758 Bruce L Sobel • Michael L Block • MEMBER OF PA AND NJ BAR October 25, 2001 Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. Strawberry Square 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 RE: Pauline and Robert Wolf vs. Rovegno's Cumberland County CCP No., 99-6032 Dear Mr. Shipman: Enclosed, please find a signed stipulation of agreement to arbitrate the damages aspect of this matter as requested by the Judge. If you have any questions, please call me at the number above. Very truly yours, BRUCE L. SOBEL BLS/rods Enclosures