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HomeMy WebLinkAbout04-2379 Estate of Sharen Worley, Francis Worley, Jr. Executor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- :;. .Y'19 CIVIL ACTION - LAW JURY TRIAL DEMANDED CIVIL TERM The Camp Hill Cafe, Panovasi, Inc. Owner Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ()J j). ~~/. Daniel D. Worley Esquire I Attorney for Plaintiff Estate of Sharen Worley, Francis Worley, Jr. Executor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2379 CIVil TERM v. : CIVil ACTION - LAW The Camp Hill Cafe, Panovasi, Inc. Owner Defendant : JURY TRIAL DEMANDED REPLY TO DEFENDANT'S NEW MA TIER AND NOW COMES the Plaintiff, Estate of Sharen Worley, Francis Worley, Jr. Executor, by and through the estate's attorney, Daniel D. Worley, WORLEY & WORLEY llP, who files this Reply to Defendant's New Matter, and does respectfully represent the following: 22. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is dElemed necessary, the averments contained herein are denied. 23. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is dt~emed necessary, the averments contained herein are denied. 24. Denied. The averments in this paragraph contain conclusions of law and fact to which no response is required. If a respon:se is deemed necessary, the averments contained herein are denied. 25. Denied. The averments in this paragraph c;ontain conclusions of law to which no response is required. If a response is deemed necessary, the averments contained herein are denied. 26. Denied. The averments in this paragraph Gontain conclusions of law to which no response is required. If a response is cleemed necessary, the averments contained herein are denied. 27. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is del~med necessary, the averments contained herein are denied. 28. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is deemed necessary, the averments contained herein are denied. 29. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is dEiemed necessary, the averments contained herein are denied. 30. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is dl~emed necessary, the averments contained herein are denied. 31. Denied. The averments in this paragraph contain conclusions of law to which no response is required. If a response is deemed necessary, the averments contained herein are denied. 32. Denied. The averments in this paragraph I;ontain conclusions of law to which no response is required. If a response is deemed necessary, the averments contained herein are denied. WHEREFORE, Plaintiff, Estate of Sharen Worley, Francis Worley, Jr. Executor, seeks damages from the Defendant, The Camp Hill Cafe, Panovasi, Inc. Owner, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. ReSipectfully submitted, -/ -It;' - 0'1 Date {j;J j). 11 oJ) Daniel D. Worley, Esquire WORLEY & WORLEY LLP 10'\ E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff . ! VERI FICA TIOri I verify that the statements made in the foregoing Reply to Defendant's New Matter are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. ~4904 relating to unsworn falsification to authorities. 7-/5'- O~ Date 3f~Z)c~#. Francis Worley, Jr. Executor, Estate ofSharen Worley CERTIFICATE OF SERVICE I hereby certify that I served a true and correlct copy of the Reply to Defendant's New Matter upon, John R. Ninosky Esquire, by dElpositing same in the United States Mail, first class, postage pre-paid on the / (p .ff-, day of .J "'/7 ' 2004, addressed as follows: John R. Ninosky, ESiquire JOHNSON, DUFFIE, STEWAHT & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 e-J P. 1/~ Daniel D. Worley, Esquire WORLEY & WORLEY LLP 10.1 E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff 0 ....., 0 cc--' c~ ~ -n "'- ,- -< .,- ~'J c: ..... ,_. rnr'_ ...,.,r11 o. f:~~ , ;~-1f-;~ _;i... (...) ::;:,~ C0 -J~ -<, II Estate of Sharen Worley, Francis Worley, Jr. Executor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- ~319 CIVIL TERM v. The Camp Hill Cafe, Panovasi, Inc. Owner Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, Estate of Sharen Worley, Francis Worley, Jr. Executor, by and through the estate's attorney, Daniel D. Worley, WORLEY & WORLEY LLP, and brings forth this Complaint against Defendant, The Camp Hill Cafe, and does respectfully represent the following: 1. Plaintiff, Estate of Sharen Worley, opened February 28, 2003 and filed in the Office of the Register of Wills of Cumberland County at File No. 2003-00179 sets forth Francis Worley, Jr. as Executor of the Estate having a mailing address, for the purposes of this Complaint, of Francis Worley, Jr. clo Daniel D. Worley, Esquire 101 E. Philadelphia Street, York, PA 17403. 2. Defendant, The Camp Hill Cafe, Panovasi, Inc. Owner, is an eating establishment located at 40 Erford Road, Camp Hill, PA 17011 and Panovasi, Inc. is a corporation registered and established under the laws of Pennsylvania with a registered office of 59 Strayer Drive, Carlisle, PA 17013. 3. At all times material hereto Panovasi, Inc. was in ownership, possession, management and control of the Premises located at 40 Erford Road, Camp Hill, PA 17011 at which it operated, under a fictitious name, The Camp Hill Cafe. 4. At all times material hereto, Sharen Worley was a business invitee upon said Premises. I II 'II I, 5. At all times material hereto, Defendant, who had exclusive control of said Premises, had allowed a concrete pot used for cigarette disposal to be placed in the path of the walkway used by customers entering and exiting The Camp Hill Cafe. 6. At all times material hereto, Defendant had an obligation to conduct a reasonable inspection of the property to ensure the safety of their customers. 7. On June 4,2002, Sharen Worley was exiting the Premises. While walking out of the eating establishment, Sharen Worley tripped and fell over a concrete pot used for cigarette disposal that was in the path of the walkway used by customers entering and exiting The Camp Hill Cafe causing personal injuries to her. 8. Sharen Worley passed away November 6, 2002. Count I - NELGLIGENCE 9. Paragraphs 1 - 8 are incorporated herein by reference as if fully set forth at length. 10. At all times material to hereto, Plaintiff, Estate of Sharen Worley, believes and therefore avers, that Defendant was in possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as The Camp Hill Cafe, 40 Erford Road, Camp Hill, PA 17011. 11. The occurrence of the aforementioned incident and the resulting injuries to Sharen Worley were caused directly and proximately by the negligence of Defendant 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 allowing a concrete pot to be placed in the customer walkway at the Premises to remain, thereby posing a hazardous condition and an unreasonable risk of injury to Sharen Worley and to other persons lawfully upon the premises; (b) In failing to femove a concrete pot laying in the customer walkway and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known about it; (c) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the concrete II 11 I pot, 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 walkway at said Premises was maintained in a safe condition to prevent injury to Sharen Worley; (e) In failing to maintain the customer walkway on the Premises in a reasonably safe condition that would prevent a customer from tripping and falling; and (f) In otherwise failing to use reasonable prudence and care to keep the walkways on the Premises in a safe condition. 12. Defendant had actual knowledge or should have known through the exercise of ordinary care and diligence that, because there was a concrete pot laying in the walkway on the Premises it thereby created a dangerous condition on the Premises where Sharen Worley tripped and fell. 13. As a direct and proximate result of the negligence of Defendant, Sharen Worley sustained serious injuries including, but not limited to, the extensive damage to both her front teeth and a cut resulting in the permanent loss of feeling to her upper lip. 14. As a direct and proximate result, Sharen Worley was taken by East Pennsboro Ambulance Service, Inc. to Harrisburg Hospital where she was diagnosed with an Ellis Fracture II of the upper central incisors. 15. As a direct and proximate result of the negligence of Defendant, Sharen Worley was required to have dental work and to take medication consisting of 250mg of Amoxicillin three times a day for ten days. 16. As a direct and proximate result of the negligence of Defendant, Sharen Worley sustained personal property damages including the ripping of her purse and the breaking of her glasses. 17. As a direct and proximate result of the negligence of Defendant, Sharen Worley underwent great physical pain, discomfort and mental anguish and she continued to endure the same to her great detriment and loss, physically, emotionally and financially. 18. As a direct and proximate result of the negligence of Defendant, Sharen Worley was hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. II 19. As a direct and proximate result of the negligence of Defendant, The Camp Hill Cafe, Sharen Worley had, and continued to, suffer a loss of life's pleasures. 20. As a direct and proximate result of the negligence of Defendant, The Camp Hill Cafe, Sharen Worley was compelled, in order to effect treatment for the aforesaid injuries, to expend sums of money for medicine and medical attention. 21. Plaintiff believes and therefore avers that Sharen Worley's injuries were permanent in nature. WHEREFORE, Plaintiff, Estate of Sharen Worley, Francis Worley, Jr. Executor, seeks damages from the Defendant, The Camp Hill Cafe, Panovasi, Inc. Owner, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. Respectfully submitted, 'j-2Ji-O't Date Da~~~~:::Y WORLEY & WORLEY LLP 101 E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff II VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 I Pa.C.S. ~4904 relating to unsworn falsification to authorities. I ~'L;/5 :<a::J'f D~t-;j/' / I I qO~ (~(l. J ~'" fA Ofu+-........ Francis worle;:;;',~hl~'/ ~/~~v \ p(";;)-'<l tt-7'1Il ~!tl ..... V} ..... \:l ....t) CI) ~ ..(: 0 --:tJ p:.. ~ c'. "-' c~-.> t:~'.) ..>..~.. ~ -.-".' .-; .,.. ;11~ ~~9 G '~--::j() ~:~ 0 r'v 0'\ :=.;. (.:~) (~ r.~ , - SHERIFF'S RETURN - REGULAR CASE NO: 2004-02379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLEY SHAREN ET AL VS CAMP HILL CAFE THE ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CAMP HILL CAFE THE DEFENDANT was served upon at 59 STRAYER DRIVE , at 2107:00 HOURS, on the 27th day of May CARLISLE, PA 17013 JANE MALLIOS, TREASURER, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE the 2004 together with and at the same time directing Her attention to the contents thereof. Additional Comments NO LONGER IN BUSINESS AT 40 ERFORD ROAD CAMP HILL. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.80 .00 10.00 .00 41,80 Sworn and Subscribed to before me this JOe day of ./', ~/. ,:z.o.V'f A.D. C J...A. () Ih~;."o U,J( ~'~;thonot.ary 'I' So Answers: .r~~ R. Thomas Kline 06/01/2004 DANIEL WORLEY ~ . By : . ,//} 1'(( eputy Sherlf SHERIFF'S RETURN - REGULAR CASE NO: 2004-02379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLEY SHAREN ET AL VS CAMP HILL CAFE THE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PANOVASI INC the DEFENDANT , at 2107:00 HOURS, on the 27th day of May 2004 at 59 STRAYER DRIVE CARLISLE, PA 17013 by handing to JANE MALLIOS, TREASURER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16,00 r~~ R. Thomas Kline 06/01/2004 DANIEL WORLEY Sworn and Subscribed to before By: IJ;iJ!o Ide Deputy Sheriff me this III ~ day of (Lv / (. .2b,; V A,D. L,.'- () fr'J;I"~J # ~'r6thonotary Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire 1.0. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Estate of Sharen worley, Francis Worley, Jr., Executor, Plaintiff v. The Camp Hill Cafe, Panovasi, Inc., Owner, Defendant Attomeys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE PLEASE enl& th. ,pp~,,"re of I'" "",,,,.re' en ",h" of th. Oofendenl, Th. c.m, Hm c~., Panovasi, Inc.. owner, in the above-captioned matter. TO THE PROTHONOTARY: Date: " I~' Joy :230958.1 JOHNSON, DUFFI'E, STEWART & WEIDNER By: CUM '- 1\ ~,4 ~,y, Esquire Attorney 1.0. No. 78000 301 Market St1reet P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Email: jrn@jdsw.COm Attorneys for Defendant 0- CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the -Ct..1- day of -1,4'.!' ,2004: Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By John . Ninosky, ES(~..I~ I.D. #: 78000 P.O. Box 109 Lemoyne, PA 1704:1 717-761-4540 Attorneys for Defendant :230960.1 227666-1 " ., o (:~,:; , r. -::j -, 4 "-> =J = .- c._ C~ o -n --I ff,:n r- -.-.f'fl ::50 ..-"'-) L ~;:'IS1~ T-fl ~?:~~~ :~':: .x.' -< N N -0 '" U1 c.r.. Estate of Sharen Worley, Francis Worley, Jr., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM v. CIVIL ACTION - LAW The Camp Hill Cafe, Panovasi, Inc., Owner, Defendant : JURY TRIAL DEMANDED STIPULATION OF COUNSEL IT IS HEREBY stipulated and agreed by and between Daniel D. Worley, Jr., Esquire, counsel for Plaintiff, and John R. Ninosky, Esquire, counsel for Defendant, that Paragraph 11, subparagraph (f) is hereby stricken from the Plaintiff's Complaint. WORLEY & WORLEY DATE: By lj~'P~ 1/~ Daniel D. Worley, Esquire 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiffs ~~b~~7.1 MJ5{o'f JOHNSON, DUFFIE, STEWART & WEIDNER B Joh . N;"~ky, E~ 30 Market Street P.O. Box 109 Lemoyne, PA 1704:3 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly sE,rved upon the following, by depositing / :J..r- the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the _ day of ~Jd ,2004: Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By J,...AI Joh . Ninos y, Esq~ I.D. #: 78000 P.O. Box 109 Lemoyne, PA 1704:3 717-761-4540 Attorneys for Defendant :230960.1 227666-1 ,......, C:.;> l ,:',~~ .J;.- C , , () +il I f'-..J f"'_) ~_..) _..1 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire J.D. No. 78000 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Estate of Sharen Worley, Francis Worley, Jr., Executor, Plaintiff v. The Camp Hill Cafe, Panovasi, Inc., Owner, Defendant TO: Daniel D. Worley, Esquire Worley and Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2379 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NEW MATTER NOTICE You are hereby notified to plead to the following New Matter within twenty (20) days. Date: 1/1/0'1 :231011.1 JOHNSON, DUFFIE, STEWART & WEIDNER , By: u~ Jo . N osky, Esc~i~ro Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043.0109 Telephone (717) 761.-4540 Email: jrn@jdsw.colTI Attorneys for Defendant Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire J.D. No. 78000 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Estate of Sharen Worley, Francis Worley, Jr., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM v. The Camp Hill Cafe, Panovasi, Inc., Owner, Defendant CIVIL ACTIOfll - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAlfllT AND NOW, comes the Defendant, The Camp Hill Cafe, Panovasi, Inc., Owner (hereinafter Camp Hill Cafe), by and through its counsel, Johnson, Duffie, Stewart & Weidner, and John R. Ninosky, Esquire, who files this Answer with New Matter by respectfully stating the followingl: 1. Denied. After reasonable investigation, the Defendant is without sufficient information to form a belief as to the truth of the averments of this paragraph and the same are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. The averments in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the av,erments contained herein are denied. 4. Denied. The allegations contained in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 5. Denied. The allegations in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the aVl3rments contained herein are denied. 6. Denied. The allegations in this paragraph contain conclusions of law and fact to which no response is required. If a response is deemed to be required, the aVl3rments contained herein are denied. 7. Denied. The allegations contained in this paragraph are denied pursuant to Pennsylvania Rules of Civil Procedure 1029(e). 8. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the allegations of this Paragfaph and the same are therefore denied and proof demanded at the time of trial. COUNT I NEGLIGENCE 9. The Defendant herein incorporates its answers to Paragraphs 1 through 8 above as though fully set forth herein at length. 10. Denied. The allegations in this paragraph contain '~onclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained herein are denied. 11. Denied. The averments of this paragraph, including subparagraphs (a) through (e) are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 12. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 13.. Denied. The averments of this paragraph are denie,d pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 14. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 15. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 16. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 17. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 18. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 19. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 20. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 21. Denied. The averments of this paragraph are denied pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, the Defendant respectfully requests that PI~lintiff's Complaint be dismissed, and that judgment be entered in its favor. NEW MATTER 22. That the Plaintiff's Complaint fails to state a claim upon which relief may be granted. 23. That Plaintiff's alleged cause of action was not caused by any acts, omission or breach of duty owed by the Defendant. 24. That Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 25. That the Plaintiff walked inattentatively without first ascertaining whether it was safe to do so. 26. That it is denied that there was any dangerous condition present at Defendant's location; however, if there is such a dangerous condition, Plaintiff knowingly and voluntarily encountered such condition. 27, That Plaintiff failed to watch where she was walking. 28. That the Plaintiff may have been walking in a hurried or otherwise inappropriate manner. 29. That Plaintiff's failure to exercise reasonable care for her safety was a substantial factor in causing the alleged incident. 30. That if a dangerous condition existed at the time of the alleged incident, which is denied, then the Defendant avers that it did not have actual or constructive notice of the allegedly dangerous condition prior to the incident. 31. Plaintiff knowingly and voluntarily assumed the risk of any injuries that were allegedly sustained. 32. That Plaintiff's cause of action is diminished and/or barred by her comparative negligence. WHEREFORE, the Defendant respectfully requests that Plaintiff's Complaint be dismissed, and that judgment be entered in favor of Defendant. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER :230996.1 "7/1tly By: ?lA'. ~ell~ ~hn R. Ninos Attorney 1.0. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant VERIFICA TION I, Jane Mallios, of the Camp Hill Cafe, hereby acknowledge that I am a Defendant in this action, and I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~/;td-loLf_ ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing L1r the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on the - day of J~ ,2004: Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By {t/~ Joh . Ninosky, Esquire I.D. #: 78000 P.O. Box 109 Lemoyne, PA 1704:3 717-761-4540 Attorneys for Defendant :230960.1 227666-1 Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com Attorneys for Defendant ESTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM v. CIVIL ACTION .- LAW THE CAMP HILL CAFE, PANOVASI, INC. Owner, Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2:~ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant! hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoenas were sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoenas, is attached to this Certificate; (3) There is no objection to the subpoenas and the twenty day (20) rule has been waived, therefore there is no delay in serving the subpoenas; (4) A copy of correspondence to Plaintiff's ,attorneys, confirming that the twenty (20) day notice has been waived, is attached to this Certificate; and (5) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. Respectfully submiitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: L2L f<- A!.~ ~OSkY, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Date: 1I/a~Jo1 JERRY R. DUFFIE RICHARD W STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELucE JOHN A. STATLER JEFFERSON J. SHIPMAN RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL HORACE A. JOHNSON F. LEE SHIPMAN BRUCEJ.GROSSMAN* "admitted in NY only WRITER'S EXT. NO. 145 E-MAIL sml@jdsw.com November 23, 2004 Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Re: Estate of Worley v. The Camp Hill Cafe No. 04-2379 Dear Mr. Worley: This letter confirms our telephone conversation of yesterday in which. you agreed to waive the twenty (20) day waiting period before service of subpol9nas to the following: Updegrove & Updegrove Harrisburg Hospital and East Pennsboro Ambulance Services. The subpoenas will be served today. Thank you for your cooperation. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER d~Mr-t~ Susan M. Ladeda Paralegal to John R. Ninosky 301 MARKET STREET PO. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P,C. Johnson. Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com Attorneys for Defendant ESTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM v. CIVIL ACTION -. LAW THE CAMP HILL CAFE, PANOVASI, INC. Owner, Defendant NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4.009.21 To: Daniel D. Worley, Esquire Worley & Worley 101 East Philadelphia Street York, PA 17403 PLEASE TAKE NOTICE that Defendant intends to serve three (3) subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and servl3 upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, JOHNSON, DUFFII:::, STEWART & WEIDNER By: Jf:6inO'!;;, ~~ Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone ('717) 761-4540 Attorneys for Defendant Date: tlll?1 f)q COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL TERM vs. CIVI L ACTION - LAW CAMP HILL CAFE, PAN OVAS I , INC., Owner, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: East Pennsboro Ambulance Services (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all dental records, charts, office notes, histories, correspondence. reports, x-rays and diaqnostic test results pertaininq to Sharen Worley (OOB: 11/28/44: SS# 300-38-6046), at Johnson. Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. 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 malking 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 Siubpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: John R. Ninosky, Esquire. 301 Market Street Lemovne, PA 17043 717;761-4540 78000 ~, E 7lz.g.M' r Deputy DATE: {).,\U, IS :::Jr)df Seal of the Court' (Eft. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ESTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., Executor, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2379 CIVIL. TERM . vs. CIVIL ACTION - U~W CAMP HILL CAFE, PANOVASI, INC., Owner, Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HarrisburQ Hospital {Name "Of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all dental records. charts, office notes. histories. correspondence. reports, x-rays and diaanostic test results pertaininQ to Sharen Worlev (DOB: 11/28/44: SS# 300-38-6046). at Johnson, Duffie, Stewart & Weidner, 301 Market Street. P.O. Box 109, Lemovne, PA 17043. You may deliver or mail legible copies of the documents or ~Droduce 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: TELEPHONE: SUPREME COURT ID #: John R. Ninoskv, Esquire. 301 Market Street Lemovne, PA 17043 717-761-4540 78000 NAME: ADDRESS: BY THE COURT: (j I-: ,(/2 J Prothonotary/Clerk, Civil Divisio C-~(hrc 2. /ft:/JJ Deputy DATE: ./1 )~u. I ~ ;)...06'1 Seal of the Court ' I (Eft. 7/97) . .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MIRIAM M. DAUGHERTY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3404 CIVIL TERM vs, SHARON Y. DARWICHE CIVIL ACTION - U~W SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Uodearove & Updearove (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arE~ ordered by the court to produce the following documents or things: any and all medical records. corresl)ondence. reports and diaanostic test results pertainina to Miriam M. Dauaherty (DOB: 7/16/38). at Johnson, Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne, PA 17043. 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 mclking this request at the address fisted above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: John R. Ninoskv, Esauire . 301 Market Street Lemoyne. PA 17043 717-761-4540 78000 TELEPHONE: SUPREME COURTID #: BY THE COURT: ~4Air Prothonotary/Clerk, Civil Division "-- DATE: !..~6L). IS" .Joo<.( Seal of the Courtl (Eff. 7/97) . '10 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the forE~going document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the 11fh day of Jh vt.m!J-<.V ,2004. Daniel D. Worley, Esquire Worley & Worley 101 East Philadelphia Street York, PA 17403 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jf~~in~,~~ Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone ('717) 761-4540 Attorneys fo r Defendant - ,- CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the t1:3'" day of J01lemJJ<..Y ,2004. Daniel D. Worley, Esquire Worley & Worley 101 East Philadelphia Street York, PA 17403 JOHNSON, DUFFIE, STEWART & WEIDNER By: L2L f<- A!.~ ~OSkY, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant :. n r'<) 0 ,~ c' ('.":':':) -n -A~- _'r_ --i .....,~. 1 : '~~.:: ...... q (_.,1 -'- 11 j -: rnr:: ",,'~'Tl "') :09 \.D 0- .....(.:J -n ~;j ~1~ ~ ""Iii .<. ;~;! -. .~ :;-1 .' -'. -J ....;" Estate of Sharen Worley, Francis Worley, Jr. Executor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2379 CIVIL TERM v. : CIVIL ACTION - LAW The Camp Hill Cafe, Panovasi, Inc. Owner Defendant DEPOSITION NOTICE To: John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 PLEASE TAKE NOTICE, that pursuant to the Rules of Civil Procedure, counsel for the Plaintiff will take the deposition of the following individuals, under oral examination for the purposes of discovery or for use at trial, or for both purposes, before a person authorized to render an oath on all matters not privileged, which are relevant and material to the issues and subject matter involved in the above-captioned matter, and that the hereinafter named individuals are required to appear at the time and at the address listed below and submit to examination under oath. Said deposition will be taken at the following place or location and time: JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street Lemoyne, PA 17043 Date: March 21, 2005 Time: 10:00 a.m. Deponent: Angela Megoulas Deponent: Jane Mallias You are invited to attend and examine the witness as you deem fit. -.J-II""' () c;- Oate \ I I Respectfully submitted, A (1....-'- ,/ j { iCe', / - . I . " /() I' ~ -1",/ ',- (/. , / Daniel D. Worley, Esquire WORLEY & WORLEY 101 E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff . ' CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Reply to Defendant's New Matter upon, John R. Ninosky Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 11th day of March, 2005, addressed as follows: John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 , G-i-- , I /" ( / L C" ,_/ / I LI/..: // // \::,j .-" y Daniel D. Worley, Esquire WORLEY & WORLEY 101 E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff , -,'I .-~, PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POCII'HOIDI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil co for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) Civil Action - Law Estate of Sharon Worley, Francis Worley, Jr., Executor (x) ( ) Appeal from itration (other) ( Plaintiff) vs. Camp Hill Cahf The trial list will be called 0 and April 19, 2005 Trials comnence on May 16, trial shall raecipe to Ie 214.1.) ( Defendant) Pretrials will be held on Apri (Briefs are due 5 days before p vs. (The party listing this case fa provide forthwith a copy of the all counsel, pursuant to local No.(}4 Civil 2379 1 Indicate the attorney who will try case for the party who files this John R. Ninosky, Esquire, Johnson, Duffie, Stewart & We,idner, 301 Market P.O. Box 109, Lemoyne, PA 17043 raecipe: treet, Indicate trial counsel for other parties if known: Daniel D. Worley Esquire 101 East Philadelphia St., York, PA 17403 This case is ready for trial. Signed: Print Narre: Date: 3/22/05 Attorney for: Defendant CERTIFICATE OF SERVICE , I hereby certify that a copy of the foregoing has been duly served upo the following, by depositing the same in the United States Mail, postage prepaid,l Lemoyne, Pennsylvania, on March 22, 2005: Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & EIDNER By L Joh R. Ninosky, 1.0. #: 78000 301 Market Street Lemoyne, PA 17043 717 -761-4540 Attorneys for Defendant 247143 0 "', = 0 c:=: e., -;l < c'"' -nf:.'1'= ::c: ~.- (J~l r'~', ,,~ fnp'c!- Z-~: :;;0 t~~) N :;5'" _",9 .-'" ( w \~(~> f-' ~,~ ~.;?' ('. -0 r):'J ;~ C' ::x: r~~I"2; '.l? C~-~ N , -;,~ -, ---i c-.) ~ -<. .~-' c.' .", ESTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., EXECUTOR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-2379 CIVIL vs. THE CAMP HILL CAFE, ]>ANOVASI, INC., OWNER, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this z?' day of April, 2005, this matter is stricken from the May term and the parties granted leave to proceed to arbitration. BY THE COURT, ~iel D. Worley, Esquire For the Plaintiffs ~ R. Ninosky, Esquire For the Defendant ..> ~ 04 -d-~-OS Court Administrator :r1m ',1["''''1 HI'.... Ltl .., lJJ .v ,'1',..1 ! 7 " ]'" q~r7 -v GC V ..Udv )"HvlCi'-,,:O:-U.oGd 3Hl dO ~~)i~Jo--o31!:J esTATE OF SHAREN WORLEY, FRANCIS WORLEY, JR., EXECUTOR, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-2379 CIVIL vs. tHE CAMP HILL CAFE, Ji> ANOV ASI, INC., OWNER, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 27, 2005, were Daniel D. Worley, Esquire, littorney for the plaintiffs, and John R. Ninosky, Esquire, attorney for the defendant. The plaintiff has agreed, for the purposes of arbitration, that the amount of damages spffered will not exceed the limit for compulsory arbitration. Accordingly, this matter will be stricken from the May term and the parties will be authorized to list this matter for hearing blefore a Board of Arbitrators. v4hn R. Ninosky, Esquire Fpr the Defendant '-! . /l~ /{priI27, 2005 vrfaniel D. Worley, Esquire Fbr the Plaintiffs :rlm ~ Oy -;l~-05 cburt Administrator Vli\1V/Yl/S,>'jN:ld f\lNnC',l ~?/1r() I Z :8 Hd L2 ~dV SOOl 'U''"'IC'"'''' "'''.'' ~Hl ~o h::JV_ l\i\AU.UWQ:J1 ;:J 381:J:IQ-(]31i.:J ~------- -- t INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,l'ENNSYLVANIA NO. 04-2379 CML Estate of Sharon Worley, Francis Worley, Jr., Executor v. Cq> Hill Cafe 'RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fann: PETITION F'OR APPOINTMENT OF ARBITRATORS TO THE .ONORABLE, THE JUDGES OF SAID COURT: Jolm -*. Ninosky,. Esql;1lire . counsel for thl' Defendant in the above action (or actions), ~ytepresents that: 1. The.above-captioned.action~ is _ at issue, 2. The claim of the plaintiff in the action is $ 25 . 000 . 00 The counterclaim of the defendant in the action is The follo~ing attorneys are interested in the case(s) as coonsel or are otherwise disqualified to sit as mbitrators: DaniellO. Worley. Esq., 101 E. Philadelphia St., York, PA, 17403 WHEREfORE, your petitioner prays your Honorable Court to appoint three (3) mbilrlltors to whom the case shall be submitte~. DAlE: S/~/(Jr i DUFFIE, S1>>iART & WEIDNER ORDER OF COURT AND NOW, , 19_, in consideration of the foregoin~ petition. Esq., an~ actions) las prayed for. Esq., . Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. ,,' . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 6, 2005: Daniel D. Worley, Esquire Worley & Worley, LLP 1 Q1 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART &WEIDNER By 4 /(r\lJM'~ John R. Ninosky, Esquire 1.0. #: 78000 301 Market Street Lemoyne, PA 17043 717-761-4540 Attorneys for Defendant 247143 -;v ~ ~ ~ ( ~ '- "" () f' ~(f!! C; ~ b 1:=- ~ , . ~-' .r- eo r-} r:::\ (--.) C::l ~TJ ~, ---..;: , l...C' :::? ~..,," ESTATE OF SHARON WORLEY, FRANCIS WORLEY, JR., Executor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAMP Hill CAFE 04-2379 CIVil TERM IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, December 8,2005, the appointment of Stephen Tiley, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and James Flower, Jr., Esquire, shall be appointed in his stead; Jason Kutulakis, Esquire, and Anthony lucido, Esquire, shall remain as arbitrators. By the Court, ,,1,A '" P.J. Stephen Tiley, Esquire James Flower, Jr., Esquire ~ ~ 0 / ~.A./;;',D';.. , J-.. Court Administrator G~ ~. '-.)- -- ( - -_._---'~...-------"~'--- f' s+..iL 1- 21 h. ~ 1"".e.-v. r ('A,oVl Co i ~ w ~k TIA.<. C~ I-H II ".- ,...... .. r.' - r 1.l(4.!' (J Va ~. I) L'" '"- I.AJ 9 r I ~j , -(', .e-L.. laintiff ..f:c... I Dw IU-t... Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No..n.!t.- ;;l '3 I~L Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution ofthi C onwealth and that we will discharge the duties of our office with fidelity. "', , i:r/J;W','.'< ). ,.'~ '."".~.7 / Ignature . j ~.) Wyl-1.0 I). f l 0Li....... Jr. Name (Chairman) ...r,..,;Ahj .H9........... 0vJ?,~:J Law Frrm / <"J6 W. ~...,~ J '!- , Address ,} .~, '. / .1/ \ '.t-v{, ,; lG. ;(~ 1"70/'3 City, Zip J:I. / Jf.I:?t! C)(L - Signature S' -.. As 6N f?, kwt..PV::' Name AVI-l~'i-V (o..J,2, Name A ~ rn ~ 4""TV-IJJJ11 J, l . L 7. Law Firm I IT,,,....,, -rt.o~" ~ IfJ...- Law Firm ;}(" .5. )/A/JJt4fl h-' Address 3<< tJ, '\~ I ,of Address !!AtU/,.J$- ,Q'J /?tl/:J Li",..\JrO) ,fp. I}q; City, . Zip City, Zip Jf /OD~ b /17\Y) Award ff 60 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~l;~ ~~;*:trl"5: H..... ~l "-,~ {'off a..,J 1l""-~'" Date of Hearing: , ~.~ 1- 0.(, Date of Award: j,.;l.. '7 -0 b . Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, the ',I:>t day of ~Uc~ ' 20 aGo , at 'j:;n , L.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;l7tJ, D6 ~ ~1:j3J7-"o By: Deputy -', ~) '") .~ ~ ~ -:- -~ f-. ~'0 ~ ;:;.,.--." ~ ~ ~ .", ") ~ d-- + '" ~ 0 '> :::> .:4= ~ i' ---... ~ t- :::, '" -, ~ ~- ~ ~ ~ ~ ~ ...., = c:::> 0' () -n --l -r ni~ ~'1r-r, -;')0 -~::~ /-1 ~ :;:';' ~ C.~) "'TI -r-,~ - .~8 ::0 .< t;..: N -' il Estate of Sharen Worley, Francis Worley, Jr. Executor Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2379 CIVIL TERM v. : CIVIL ACTION - LAW The Camp Hill Cafe, Panovasi, Inc. Owner Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Plaintiff, Estate of Sharen Worley, Francis Worley, Jr. Executor, appeals from the award of the Board of Arbitrators entered in this case on January 31. 2006. A jury trial is demanded. I hereby certify the compensation of the arbitrators has been paid. Respectfully submitted, 2-21' oC Date J ,L.-> c.-,. .I r) /,7.//f ,/1..,' j-" or Daniel D. Worley, Esquire WORLEY & WORLEY 101 E. Philadelphia Street York, PA 17403 (717) 854-5914 Attorney for Plaintiff . ( . "y" / I , ~ (:::J -bQ ~ J-.J ....0 ---1 ,. ....... )) r:- -- ~ ~ ' , -{::: \) -...._1 ~ 'f'- --- C> CY .-.., --- - ~ ;".) .- ( ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sutJnitted in duplicate) TO THE PlOI'HmoTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (X for JURY trial at the next tern of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Estate of Sharon Worley, Francis Worley, Jr., Executor (X) Civil Action - Law ( ) Appeal from Arbitration (other) ( Plaintiff) vs. Camp Hill Cafe The trial list will be called on ~ Mav_!6. 2006 Trials comrence on June!2." 2006 ( Defendant) Pretrials will be held on May 24. 2006 (Briefs are due 5 days before pretrials,) vs. (The party listing this case for trial srlClll pmvide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1. ) No. . 04 Civil 2379 19 Indicate the attorney who will try case for the party who files this praeciPE" Jolm R. Ninosky, Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market Street; P.O. Box 109, Lemoy:ne, PA 17043 Indicate trial counsel for other parties if known: Daniel D. Worley, Esquire 101 East Philadelphia St., York, PA 17403 This case lS reaay for tro.al. Signed: ~JUJ~ Print Narre: Jolm R. Nmosky Dare: ~/1/(\(.. Att.orn.ey for: Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on March 1, 2006: Daniel D. Worley, Esquire Worley & Worley, LLP 101 East Philadelphia Street York, PA 17403 Attorneys for Plaintiff JOHNSON, DUFFIE, STEWART & WEIDNER By ~tfrlltIA~ John . Ninos y, Esquire 1.0. #: 78000 301 Market Street Lemoyne, PA 17043 717 -761-4540 Attorneys for Defendant 247143 . -~1 'i",,) '- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 04-2379 CIVIL TERM Estate of Sharen Worley. Francis Worley, Jr.. Executor, v. CIVIL ACTION - LAW The Camp Hill Cafe, Panovasi, Inc,. Owner, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Kindly mark the docket SETTLED and DISCONTINUED WITH PREJUDICE. Respectfully submitted, WORLEY & WORLEY By ~. - ( ~-, (j) J;. {u/C-) Daniel D, Worley, Esquire 101 East Philadelphia Street York. PA 17403 Attorneys for Plaintiffs Date ",- 30 - 0 f..e ,.~ '~ft c'>