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ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717)238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
v.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10 - yaa7 ~ivil ~'Pa"1r
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
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 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 judgment may be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. 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
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, PA ^
Telephone number- 717- 249-3166 5
~qa •00 P A ArN
~~ga39B
424268
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que
se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las
demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se
describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos
importantes para used.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA
Telephone number- 717- 249-3166
424268
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717)238-6791
FAX (717) 238-5610
Attorneys for Plaintiff(s)
E-mail: dchristopher@angino-rovner.com
llUNNlr: N. SHUMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
v.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff Donnie N. Shomper is an adult individual and a citizen of the
Commonwealth of Pennsylvania who resides at 860 Walnut Street, Apartment SA, Lemoyne,
Cumberland County, Pennsylvania.
2. Plaintiff Donnie N. Shomper is the Administrator of the Estate of Lee Ann
Shomper, Deceased, by Letters of Administration duly issued by the Register of Wills,
Cumberland County, Pennsylvania. A Short Certificate is attached hereto as Exhibit A.
3. Plaintiff Donnie N. Shomper brings this action under the Wrongful Death and
Survival Act for the death of his wife, Lee Ann Shomper, who died on October 29, 2008.
4. Decedent, Lee Ann Shomper, married Plaintiff, Donnie N. Shomper, on July 7,
2001.
5. Defendant Brooke R. Rhodes is an adult individual and citizen of the
Commonwealth of Pennsylvania who resides at 623 Hilltop Drive, New Cumberland,
Cumberland County, Pennsylvania, 17070.
424268
6. Defendant David E. Salter is an adult individual and citizen of the
Commonwealth of Virginia who resides at 7822 Roundabout Way, Springfield, Fairfax County,
VA 22153.
7. At the time of the events hereinafter related, Defendants Brooke R. Rhodes and
David E. Salter owned the apartment building located at 210 Third Street, New Cumberland,
Cumberland County, Pennsylvania, 17070.
8. On or around August 2008, Plaintiff Donnie N. Shomper visited the subject
apartment building to look at an apartment to rent. Defendant Rhodes showed Mr. Shomper the
apartment.
9. At that time, Mr. Shomper noticed that the handrail in the stairwell leading to the
third floor was loose.
10. At that time, Mr. Shomper told Mr. Rhodes that Lee Ann Shomper had difficulty
walking and that the handrail needed to be fixed as a condition of he and his wife agreeing to move
in to the property.
11. Defendant Rhodes promised to fix the loose handrail in the immediate future.
12. Defendant Rhodes did not repair the handrail.
13. There was a second staircase leading to the third floor apartments; however, the
handrail for that staircase was in even worse shape, and the staircase was missing large sections of
handrail.
14. The facts and occurrences hereinafter related took place on or about September 10,
2008, at approximately 12:30 p.m. at 210 Third Street, New Cumberland, Cumberland County,
Pennsylvania, 17070.
424268 2
15. Decedent Lee Ann Shomper went out of her apartment into the third-floor
stairwell to go down the stairs.
16. At that time, Mr. Shomper was in the apartment.
17. As she attempted to go down the stairs, Lee Ann Shomper grabbed the handrail.
It pulled out of the wall, causing her to lose her balance, fall, and tumble down two flights of
stairs.
18. Mr. Shomper heard his wife go tumbling down the two flights of stairs and ran
out to see if she was okay.
19. Mr. Shomper found the wooden handrail pulled out of the wall.
20. The wooden handrail failed because it was not securely fastened to the stairwell
wall.
21. The aforementioned condition of the stairwell and handrail represented a
condition which existed for a significant period of time before Decedent Lee Ann Shomper's
fall.
22. Plaintiff Donnie N. Shomper notified the landlord in August 2008 that the
handrail at issue was loose and in disrepair.
23. Based on the width of the stairwell, Defendants Brooke R. Rhodes and David E.
Salter knew, or should have known, that the stairwell was required to have two handrails.
24. Defendants Brooke R. Rhodes and David E. Salter had actual notice of the
defective and unsafe condition of the handrail in the third floor stairwell and had promised to fix
it.
424268 3
25. Defendants Brooke R. Rhodes and David E. Salter were under a duty to properly
maintain the stairwell and to follow through on Mr. Rhodes's promise to Mr. Shomper to repair
the handrail.
26. Immediately following her fall, Mrs. Shomper was complaining of a sore wrist,
but believed that she was able to go to the bank.
27. While at the bank, Mrs. Shomper was involved in a very minor traffic accident
and was taken to the Holy Spirit Hospital by EMS due to her prior wrist injury.
28. Mrs. Shomper was diagnosed with and treated for a fractured right wrist.
29. Then, on October 29, 2008, Mr. Shomper found his wife unresponsive.
30. He immediately called for an ambulance who rushed her to the hospital where she
died as a result of multiple pulmonary emboli.
31. Mrs. Shomper's wrist injury and death were direct and proximate results of the
Defendants' failure to properly repair the handrail of which they had actual or constructive
notice.
COUNTI
DONNIE N. SHOMPER, Administrator of the Estate of LEE ANN SHOMPER, Deceased
v. BROOKE R. RHODES and DAVID E. SALTER
NEGLIGENCE
32. All prior paragraphs of this Complaint are incorporated herein by reference.
33. The aforementioned fall and all injuries and damages as set forth hereinafter
sustained by Decedent Lee Ann Shomper are the direct and proximate result of the negligent and
careless conduct of Defendants Brooke R. Rhodes and David E. Salter as follows:
a) failure to properly maintain the handrail in the third floor stairwell;
b) failure to properly inspect the handrail in the third floor stairwell to ensure
that it was securely fastened to the stairwell and that it would not fail under
normal use;
424268 [~
c) failure to properly secure the handrail to the stairwell;
d) failure to properly attach the handrail to the wall so that it would not come out
of the wall during foreseeable use;
e) failure to provide handrails on both sides of a wide stairwell; and,
f) failure to follow through on the promise to repair the loose handrail.
34. As a direct and proximate result of the aforementioned conduct of Defendants
Brooke R. Rhodes and David E. Salter, Decedent Lee Ann Shomper sustained painful and severe
injuries, which include, but are not limited to, a fractured right wrist, bruising, loss of mobility,
and an increased risk of developing the pulmonary emboli from which she died on October 29,
2008.
CLAIM I -SURVIVAL ACTION
DONNIE N. SHOMPER, Administrator of the Estate of LEE ANN SHOMPER, Deceased
v. BROOKE R. RHODES and DAVID E. SALTER
35. All prior paragraphs of this Complaint are incorporated herein by reference.
36. Plaintiff, Donnie N. Shomper, brings this action on behalf of the Estate of Lee Ann
Shomper, under and by virtue of the Act of 1976, July 9, P.L. 586, No. 42, ~2, Pa.C.S.A. §8302.
37. Defendants are liable to the Estate of Lee Ann Shomper for damages as set forth
herein.
38. Plaintiff, Donnie N. Shomper, Administrator of the Estate of Lee Ann Shomper,
hereby makes claims on behalf of the Estate for all the damages suffered by his wife and her estate,
including the pain and suffering Lee Ann Shomper underwent prior to death, her loss of earnings
and earning power, and for all other damages sustained by the Estate as stated below.
39. By reason of the aforesaid injuries sustained by Decedent Lee Ann Shomper, she
was forced to incur liability for medical treatment and medications, she required assistance with
424268 5
activities of daily living, and similar miscellaneous expenses in an effort to restore herself to health,
and claim is made therefor.
40. By reason of the aforesaid injuries sustained by Decedent Lee Ann Shomper, she
suffered pain, suffering, difficulty with her day-to-day activities, and loss of life's pleasures and
enjoyment, and claims are made therefor.
41. By reason of the aforesaid injuries sustained by Decedent Lee Ann Shomper, she
suffered embarrassment, frustration, and humiliation, and claims are made therefor.
42. By reason of her injuries and death, Mrs. Shomper suffered a permanent diminution
of her earning power and potential, and a claim is made therefor.
43. Decedent, Lee Ann Shomper, did not bring an action for these injuries during her
lifetime.
WHEREFORE, Plaintiff Donnie N. Shomper, Administrator of the Estate of Lee Ann
Shomper, demands judgment against Defendants Brooke R. Rhodes and David E. Salter in an
amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess
of any jurisdictional amount requiring compulsory arbitration.
CLAIM II -WRONGFUL DEATH
DONNIE N. SHOMPER, Administrator of the Estate of LEE ANN SHOMPER, Deceased
v. BROOKE R RHODES and DAVID E. SALTER
44. All prior paragraphs of this Complaint are incorporated herein by reference.
45. Plaintiff, Donnie N. Shomper, Administrator of the Estate of Lee Ann Shomper,
brings this action for the wrongful death of Lee Ann Shomper on behalf of all persons entitled to
recover, therefore, under and by virtue of the Act of 1976, July 9, P.I. 589, No. 142 §2, 42
Pa.C.S.A. §8301.
424268 6
46. The following are the names of all persons entitled by law to recover damages for
such wrongful death and their relationship to the decedent:
Name: Relationship: Address:
Donnie N. Shomper Husband Lemoyne, PA
47. As a result of the death of the Decedent, Lee Ann Shomper, Mr. Shomper has
suffered a pecuniary loss and has been, and in the future will be, deprived of the Decedent's
companionship, contribution, support, comfort, services and so on, and claims are made therefor.
48. As a direct and proximate result of the death of Decedent, Lee Ann Shomper,
Plaintiff, Donnie N. Shomper, has incurred funeral, burial, and related expenses, as well as expenses
for performing the duties of the Executor of the Decedent's estate, and claims are made therefor.
49. Plaintiff, Donnie N. Shomper, has lost the future maintenance and support of his
wife, and claims are made therefor.
50. Plaintiff, Donnie N. Shomper, has lost the ability to maintain or sustain a familial
relationship with his wife, and claims are made therefor.
S 1. Plaintiff, Donnie N. Shomper, surviving spouse, has suffered the loss of the society,
comfort, and consortium of his wife, and claims are made therefor.
WHEREFORE, Plaintiff Donnie N. Shomper, Administrator of the Estate of Lee Ann
Shomper, demands judgment against Defendants Brooke R. Rhodes and David E. Salter in an
424268 ']
amount in excess of Fifty Thousand ($50,000) Dollars, exclusive of interest and costs and in excess
of any jurisdictional amount requiring compulsory arbitration.
Date: ~~'~ /~ ~l
Respectfully submitted,
ANGINO & ROVNER, P.C.
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Daryl E. Christopher, Esquire
PA LD. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchri stopher@angino-ro vner. com
Counsel for Plaintiff
424268
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
estate of LEE ANN SHnMPFR
_ ~rirsr, rvvadie, ~astJ
in said county, deceased,
SHORT CERTIFICATE
I, GLENDA EARNER STRASBAUGH
Register for the Probate of Wills and Granting
Letters of Administration in and for
CUMBERLAND County, do hereby certify that on
the 3rd day of December, Two Thousand and Eight
Letters of ADMINISTRATION
in common form were granted by the Register of
said County, on the
late of NEW CUMBERLAND BOROUGH
to DONNIE N SHOMPER
(First, Midd/e, Lastl
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of said office at CARLISLE, PENNSYLVANIA, this 3rd day of December
Two Thousand and Eight.
File No.
PA File No.
Date of Death
S.S. ##
2008- 01197
21- 08- 1197
10/29/2008
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
VERIFICATION
I, Donnie N. Shomper, Plaintiff hereby verify that the facts set forth in the foregoing Complaint are
true and correct to the best of my knowledge, information and belief. I understand that any false statements
therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to
authorities.
WITNESS:
~ ~ _v.,
DONNIE N. SHOMPER
Date: 3 ~~
441380
SHERIFF'IS OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody SSmith
Chief Deputy
Richard W Stewart
Solicitor E ~_ .r ~_
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Donnie N. Shomper
vs. Case Number
David E. Salter (et al.) 2010-4227
HERIFF'S RETURN OF SERVICE
06/25/2010 On this date Ronny R, nderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Da id E. Salter, 7822 Roundabout Way, Springfield, VA 22153.
06/29/2010 06:00 PM -Shawn Harr on, Deputy Sheriff, who being duty sworn according to law, states that on June
29, 2010 at 1755 hours, he served a true copy of the within Complaint and Notice, u the within named
defendant, to wit: Brook R. Rhodes, by making known unto Maggie Salter, Wife o de ndant at 623
Hilltop Drive, New Cum erland, Cumberland County, Pennsylvania 1707 it ont nts nd at the same
time handing to her pe onally the said true and correct copy of the sa
S WN HARRISON, DEPUTY
07/15/2010 Ronny R. Anderson, Sh riff, who being duly sworn according to law, states that he served the within
Complaint and Notice u on the within named defendant, David E. Salter, in the following manner: On
June 25, 2010 the Sheri mailed by certified mail, return receipt requested a true and correct copy of the
within Complaint and N tice to the defendant's last known address of 7822 Roundabout Way, Springfield,
VA 22153. The certifie mail return receipt card was received by the Cumberland County Sheriffs Office
signed by an adult in ch rge.
SHERIFF COST: $71.50 SO ANSWERS,
July 15, 2010 RON R ANDERSON, SHERIFF
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LAW OFFICES
WILLIAM J. FERREN ASSOCIATES
BY: James H. Rohlfing, squire
Attorney I.D. No.: 59094
BY: James P. Bradley, E quire
Attorney I.D. No. 20424
1500 Market Street -Suit 2920
29rn Floor -West Tower
Philadelphia, PA 19102
(267) 675-3019
(267) 675-3037
Attorneys for Defendant ,
Brooke R. Rhodes and D id E. Salter
DONNIE N. SHOMPER, Administrator of
The Estate of Lee Ann Sh miler, Deceased
v.
BROOKE R. RHODES
DAVID E. SALTER
r
201Q.~~~ 1 ~ ~~'~~i ~~
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10-4227
RANCE/JURY TP
TO THE PROTHONOT Y:
Kindly enter our pearances on behalf of Defendants, Brooke R. Rhodes and David E.
Salter, with regard to the ve-captioned matter.
A jury of twelve (1 )persons is hereby demanded.
WILI~AM J. FERREN & ASSOCIATES
BY:
J S H. ROHLFING, ESQU$(E''
J S P. BRADLEY, ESQUIRE
Attorneys for Defendants,
Brooke R. Rhodes and David E. Salter
DATED: July 15, 2010
CERTIFICATE OF SERVICE
I, JAMES H.
E. Salter, hereby certify
class mail upon the
G, ESQUIRE, on behalf of Defendants, Brooke R. Rhodes and David
the foregoing Entry of Appearance was served via United States first
counsel::
Daryl E. Christopher, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
WILLIAM J. FERREN & ASSOCIATES
BY:
DATED: July 15, 2010
LAW OFFICES
TO: PLAINTIFF
YOU ARE HEREBY NOTIFIED TO ANSWER
THE ENCLOSED NEW MATTER AND
COUNTERCLAIM WITHIN TWENTY (20) DAYS
OF SERVICE HEREOF.
/s/ James H. Rohlfmy- Esquire
JAMES II. ROMFING, ESQUIRE
WILLIAM J. FERREN & ASSOCIATES
BY: James H. Rohlfmg, Esquire
Attorney I.D. No.: 59094
BY: James P. Bradley, Esquire
204240
10 N
Attomay
o-
1500 Market Street - Suite 2920
29TH Floor - West Tower f
Philadelphia, PA 19102
(267) 675-3019
(267) 675-3037 - ;ti
Attorneys for Defendants,
Brooke R. Rhodes and David E. Salter
DONNIE N. SHOWER, Administrator of :
The Estate of Lee Ann Shomper, Deceased :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
BROOKE R. RHODES and
DAVID E. SALTER
NO.: 10-4227
DEFENDANTS, BROOKE IL RHODES AND DAVID E. SALTER'S, ANSWER TO
PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM
Defendants, Brooke R. Rhodes and David E. Salter, hereby answer Plaintiff's Complaint
and aver New Matter and Counterclaim as follows:
Admitted.
2. Admitted.
3. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
4. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
5. Admitted.
6. Admitted.
7. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
8. Denied. By way of further answer, Answering Defendants at all times acted
reasonably. Strict proof to the contrary is demanded at the time of trial.
9. Denied. By way of further answer, Answering Defendants at all times acted
reasonably. Strict proof to the contrary is demanded at the time of trial.
10. Denied. By way of further answer, Answering Defendants at all times acted
reasonably. Strict proof to the contrary is demanded at the time of trial.
11. Denied.
12. Denied.
13. Denied.
14. Denied.
15. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
16. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
2
17. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
18. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
19. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
20. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
21. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
22. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
23. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
24. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
25. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
26. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
27. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
3
28. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
29. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
30. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
31. This paragraph does not provide enough information to admit or deny the
allegations alleged therein.
WHEREFORE, Answering Defendants, Brooke R. Rhodes and David E. Salter, demand
that judgment be entered in their favor and against the Plaintiff together with an award of
attorney's fees and costs incurred in defense of this matter.
COUNTI
DONNLE N. SHOWER, Administrator of the Estate of LEE ANN SHOM PER. Deceased
v. BROOKE R. RHODES and DAVID E. SALTER
NEGLIGENCE
32. Answering Defendants hereby incorporate by reference their responses to
paragraphs 1 through 31 above as though same were fully set forth at length herein.
33. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
34. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
WHEREFORE, Answering Defendants, Brooke R. Rhodes and David E. Salter, demand
that judgment be entered in their favor and against the Plaintiff together with an award of
attorney's fees and costs incurred in defense of this matter.
4
CLAIM I - SURVIVAL ACTION
DONNIE N SHOWER., Administrator of the Estate of LEE ANN SHOMPER. Deceased
v. BROOKE IL RHODES and DAVID E. SALTER
35. Answering Defendants hereby incorporate by reference their responses to
paragraphs 1 through 34 above as though same were fully set forth at length herein.
36. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
37. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
38. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
39. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
40. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
41. Denied: This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
42. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
43. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
WHEREFORE, Answering Defendants, Brooke R. Rhodes and David E. Salter, demand
that judgment be entered in their favor and against the Plaintiff together with an award of
attorney's fees and costs incurred in defense of this matter.
CLAIM H - WRONGFUL DEATH
DONNIE N. SHOWER, Administrator of the Estate of LEE ANN SHOMPEX Deceased
v. BROOKE R. RHODES and DAVID E. SALTER
44. Answering Defendants hereby incorporate by reference their responses to
paragraphs 1 through 43 above as though same were fully set forth at length herein.
45. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
46. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
47. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
48. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
49. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
50. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
51. Denied. This paragraph is denied as a conclusion of law to which no responsive
pleading is required under the Pennsylvania Rules of Civil Procedure.
6
WHEREFORE, Answering Defendants, Brooke R. Rhodes and David E. Salter, demand
that judgment be entered in their favor and against the Plaintiff together with an award of
attorney's fees and costs incurred in defense of this matter.
NEW MATTER
52. Answering Defendants hereby incorporate by reference all of their preceding
responses to all of Plaintiffs allegations in this Answer to Plaintiffs Complaint as though same
were fully set forth at length herein.
53. Plaintiff's claims are barred in whole or in part by the provisions of the
Pennsylvania Comparative Negligence Act.
54. Plaintiff's claims are barred in whole or in part by the applicable Statute of
Limitations.
55. Plaintiff's claims are barred in whole or in part by the Doctrine of Assumption of
Risk and/or Comparative Negligence.
56. Plaintiffs Complaint fails to state a cause of action upon which relief may be
granted against the Answering Defendants.
57. The Answering Defendants specifically deny any negligence, carelessness and/or
failure in any duties allegedly owed to the Plaintiff on their part.
58. Answering Defendants specifically deny that any dangerous, hazardous, and/or
unsafe conditions existed on the property in question and that Answering Defendants had or
should have had actual or constructive notice of any alleged dangers, hazards, and/or unsafe
conditions, the existence of same being herein denied.
59. If the Plaintiff sustained any damages as alleged in the Complaint, these facts
being specifically denied by the Answering Defendants, then those damages were caused by the
7
acts or omission of persons other than the Answering Defendants over whom/which the
Answering Defendants had neither control nor right to control.
WHEREFORE, Answering Defendants Brooke R. Rhodes and David E. Salter
respectfully request that judgment be entered in their favor and against Plaintiff along with
attorney's fees and other costs that the Court deems just and proper.
COUNTERCLAIM AGAINST PLAINTIFF, DONNIE N SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER, Deceased
60. Answering Defendants hereby incorporate by reference their answers to
paragraphs 1 through 59 above as though the same were fully set forth at length herein.
61. Should Plaintiff's losses be proven, liability therefore is that of Plaintiff Donnie
Shomper due to his negligence, carelessness, recklessness, etc. as set forth in Plaintiff's
Complaint which is incorporated herein by reference and re-alleged against Plaintiff Donnie
Shomper, any liability on the part of Answering Defendants being hereby expressly denied for
the reasons set forth above and being otherwise negligent, careless and reckless under the
circumstances as will be further established by discovery to be produced in the future.
62. Answering Defendants hereby assert that Plaintiff Donnie Shomper is alone liable
to himself or liable over to Answering Defendants or jointly or severally liable or liable to
Answering Defendants directly.
WHEREFORE, should judgment be entered against Defendants, Brooke R. Rhodes and
David E. Salter, liability for which is strictly denied, then Answering Defendants, Brooke R.
8
Rhodes and David E. Salter, hereby demand that judgment be further entered against Plaintiff
Donnie Shomper, by way of contribution and/or full indemnity.
BY:
P. BRADLEY, ESQUIRE
Attorneys for Defendants,
Brooke R. Rhodes and David E. Salter
DATED: August 11, 2010
9
WILLIAM J. FERREN & ASSOCIATES
VERIFICATION
I, JAMES H. ROHLFING, ESQUIRE, hereby verify that the statements made in the
foregoing Answer with New Matter and Counterclaim are true and correct to the best of my
knowledge, information and belief. I further verify that I am authorized to take this Verification on
behalf of Defendants, Brooke R. Rhodes and David E. Salter, in the capacity of Defendants'
attorney, and also for the reason that Defendants' Verifications cannot be obtained within the
required pleading period. It is intended that Defendants' personal Verifications will be substituted
. subsequently.
I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unworn falsification to authorities.
? Lzlw 9?
J S H.. ROHLFING,
DATED: August 11, 2010
CERTIFICATE OF SERVICE
I, JAMES H. ROHLFING, ESQUIRE, on behalf of Defendants, Brooke R. Rhodes and David
E. Salter, hereby certify that the foregoing Answer with New Matter and Counterclaim was served
via United States first class mail upon the following counsel::
Daryl E. Christopher, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg, PA 17110-1708
WILLIAM J. FERREN & ASSOCIATES
BY: IZ9 /? 6a??
?"S H. ROHLFING, ESQtKE
DATED: August 11, 2010
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney 1D# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher?aangino-rovner.com
T
ARY
?Q AUUU 25 AN 10: 17
AtVtq
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM
New Matter
51 This paragraph contains no averments of fact that can be admitted or denied. To
the extent that this paragraph is deemed to contain averments of fact, they are specifically
denied.
53. Denied. At all times relevant hereto, Plaintiff and his decedent conducted
themselves as reasonable and prudent persons under the circumstances.
54. Denied. Plaintiff filed this action well within the applicable two-year statute of
limitations.
447793 ORIGINAL
55. Denied. At all times relevant hereto, Plaintiff and his decedent conducted
themselves as reasonable and prudent persons under the circumstances. It is specifically denied
that Plaintiff or his decedent assumed the risk of injury. By way of further answer, Mr. and Mrs.
Shomper relied on the assurance by Mr. Rhodes that he would repair the stairway when they
moved into the apartment. When the Defendants chose not to repair the stairway, the Plaintiffs
were forced to live in an apartment without safe stairway access through no choice or fault of
their own.
56. Denied. This paragraph is denied as a conclusion of law and contains no
averments of fact that can be admitted or denied. To the extent that this paragraph is deemed to
contain averments of fact, they are specifically denied.
57. Denied. This paragraph contains no averments of fact that can be admitted or
denied. To the extent that this paragraph is deemed to contain averments of fact, they are
specifically denied. By way of further answer, Plaintiff incorporates the allegations set forth in
the Complaint as if stated herein.
58. Denied, A dangerous condition did exist, and Defendants had actual and
constructive notice of the defective and dangerous condition of the stairwell in question. By way
of further answer, Plaintiff incorporates the allegations set forth in the Complaint as if stated
herein.
59. Denied. Regardless of whether they hired contractors to perform work for them,
the Defendants remained responsible for the condition of their rental property. It is admitted that
the Plaintiff sustained damages alleged in the Complaint. Defendants are responsible for all of
Plaintiff s injuries.
447793 2
WHEREFORE, Plaintiff demands judgment against the Defendants in an amount in
excess of $50,000, exclusive of interest and costs and in excess of any jurisdictional amount
requiring compulsory arbitration.
Counterclaim
60. This paragraph contains no averments of fact which can be admitted or denied.
To the extent that this paragraph is deemed to contain averments of fact, they are specifically
denied.
61. Denied. At all times relevant hereto, Plaintiff Donnie Shomper conducted himself
as a reasonable and prudent person under the circumstances and was not responsible in any way
for the injuries suffered by his wife. Plaintiff incorporates the allegations set forth in his
Complaint as if stated herein.
62. Denied. Plaintiff incorporates herein by reference his answer to paragraph no. 61.
WHEREFORE, Plaintiff Donnie Shomper demands judgment in his favor and against the
Defendants, along with attorney's fees and other costs that the Court deems just and proper.
Respectfully submitted,
Date: '/ -'VI 6)
ANGINO & ROVNER, P.C.
Daryl >. Christopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
447793 3
AFFIDAVIT
1, Daryl E. Christopher, Esquire, counsel for the Plaintiff, state that Plaintiff's foregoing
Response to Defendants' New Matter and Counterclaim contains no new facts that must be
verified.
Date:
c
Respectfully submitted,
ANGINO & ROVER, P.C.
5
Daryl E. hristopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
447793
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PLAINTIFF'S RESPONSE TO
DEFENDANTS' NEW MATTER AND COUNTERCLAIM upon all counsel of record via postage
prepaid first class United States mail addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29th Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
Ma T. raets
Dated:
447793
.
S U
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
{717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. ,SHOMPER, Administrator of
the Estate of SEE ANN SHOMPER,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
v
BROOKE R. RHODES and ]DAVID E.
SALTER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff 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.
Respectfully submitted,
Date: I Y /
454160
ANGINO ROVNER, P.C.
Daryl . Chri er, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
ORIGINAL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Donnie N. Shomper, Administrator of
The Estate of Lee Ann Shomper,
deceased
Plaintiff/s
versus :No. 10-4227-Civil Term
Brooke R. Rhodes and David E.
Salter
Defendant/s
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Housing and Redevelopment Authority of the County of Cumberland
114 North Hanover St., Suite 104
Carlisle, PA 17013
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 documents relating in any way to
inspections performed of 210 Third Street, New Cumberland, Cumberland County,
Pennsylvania; applications for Section 8 status of said property; approval, denial, or revocation
of Section 8 status of said property; and any and all documents reflecting violation of any
building or property maintenance codes or standards of said property. You may limit your
response to documents relating to January 1, 2005, to present. Please produce to Daryl
Christopher, Esquire, at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110.
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 service, the
parry 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: Daryl E. Christopher, Esquire
Address: 4503 North Front Street
Harrisburg, PA 17110
Telephone: (717) 2:38-6791
Supreme Court ID #: 91895
Attorney for: Plaintiff
Date:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
454159
Return of Service:
On the day of
served
(name of person served)
by: (Describe method of Service)
with the foregoing subpoena
I verify that the statements in the Return of Service are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S:A. Section 4904 relating to
unsworn falsification to authorities.
Date:
(Signature)
454159
CERTIFICATE OF SERVICE
1, Mary T. Geraets, an employee of the law firms of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE
A SUBPOENA upon all counsel of record via postage prepaid first class United States mail
addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29'h Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
A
Mary T. Ger ets "
Dated:
454160
FILED-OFFICE
OF THE PROTHONOTARY
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
2010 NOV 22 AM 11: S9
CUMBERLAND COUNTY
PEI°INISYLVA IA
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
AND NOW COMES Plaintiff, Donnie Shomper, by and through his attorneys, Angino &
Rovner, P.C., and respectfully moves this Honorable Court to compel Defendants to provide full
and complete answers to Plaintiffs Request for Production of Documents and Interrogatories
and in support thereof avers:
1. This lawsuit was initiated by Complaint filed on or around June 23, 2010.
2. Both Defendants were served no later than July 19, 2010.
3. Defense counsel entered his appearance on or around July 19, 2010, and sent
initial discovery requests to the Plaintiff on the same date.
452551
4. Defendants filed their Answer with New Matter on or around August 13, 2010.
5. Plaintiff filed his Reply to New Matter and Counterclaim on or around August 23,
2010.
6. Plaintiff provided full and complete answers to Defendants' Interrogatories and
Request for Production of Documents on August 25, 2010.
7. Plaintiff sent out his first set of Interrogatories and Request for Production of
Documents to the Defendants on August 23, 2010.
8. Defendants had not responded or objected by October 1, 2010, so Plaintiff's
counsel sent a letter requesting responses within the next two weeks. A copy of Plaintiff's
counsel's letter is attached as Exhibit A.
9. Defendants still have not provided responses to the Plaintiff's initial discovery
requests.
10. All of the discovery sought by Plaintiff through his Interrogatories and Request
for Production of Documents is relevant to the present action.
11. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an
appropriate Order and sanction when a party fails to properly answer interrogatories or request
for production of documents.
12. Plaintiff requests that Defendants be Ordered to provide full and complete
responses to Plaintiff's requests within 20 days or be given an appropriate sanction by the Court.
13. Plaintiff is represented by Daryl Christopher, Esquire, of Angino & Rovner, P.C.,
4503 N. Front Street, Harrisburg, PA 17110; phone - 717-238-6791.
452551 2
14. Defendants are represented by James H. Rohlfing, Esquire, of William J. Ferren &
Associates, 1500 Market St., Suite 2920, 29th Floor, West Tower, Philadelphia, PA 19102-2100;
phone - 267-675-3019.
15. Plaintiff s counsel sought concurrence of defense counsel on October 21, 2010, by
emailing Attorney Rolfing a copy of Plaintiff s Motion.
16. Defense counsel did not respond and therefore, Plaintiff assumes he does not concur
in this Motion.
17. No other Judge has ruled upon any other issue in the same or related matter on this
case.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
compelling Defendants to provide Plaintiff with answers to his Interrogatories and Request for
Production of Documents.
Respectfully submitted,
ANGINO & ROVNER, P.C.
aryl istopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
Date:
V
452551 3
CERTIFICATE OF CONCURRENCE/NON-CONCURRENCE PURSUANT TO LOCAL
RULE 208.2(d)
On October 21, 2010, I contacted defense counsel seeking concurrence with Plaintiff s
Motion To Compel Discovery. Defense counsel never responded and therefore, Plaintiff assume
he does not concur in the Motion.
Date:
Respectfully submitted,
ANGINO & ROVNER, P.C.
Daryf E. Christopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
452551
Arangino-rovner
4503 NORTH FRONT STREET
HARRISBURG, PA 17110.1799
717/238-6791
FAX 717/238.5610
W W W.ANGINO•ROVNER.COM
F,MAIL. DCHRISTOPHER@ANGINO-ROVNER.COM
October 1, 2010
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29th Floor, West Tower
Philadelphia, PA 19102-2100
RE: Shomper v. Rhodes, et al., Cumb. Co. No. 10-4227 Civil Term
Dear Mr. Rohlfing:
RICHARD C. ANGINO
NEIL J. ROVNER
DAVID L. LUTZ
MICHAEL E. Kosm
RICHARD A.SADLOCK
LISA A B. WOODBURN
DARYL E. CHRISTOPHER
Your clients' responses to my initial discovery requests are overdue. Please provide full and complete
answers and responsive documents within the next two weeks. Thank you for your prompt attention to this
matter.
Very truly yours,
Daryl E. Christopher
DEC/
450924
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PLAINTIFF'S MOTION TO
COMPEL DISCOVERY upon all counsel of record via postage prepaid first class United States
mail addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29th Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
T. eraets
Dated:
452551
S
NOV23?yv
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term c3
c a
x
CIVIL ACTION - LAW =? . -m
r
<>
x-
? C)
r = --Icy
JURY TRIAL DEMANDED
3> a z
?
DC N C)rn
ORDER .., a
-< cn -,
AND NOW, this ;Y ?' day of Mtleom fto?- , 2010, upon consideration of
Plaintiff's Motion to Compel Discovery, IT IS HEREBY ORDERED that Defendants shall
provide full and complete Answers to Plaintiffs Requests for Production of Documents and
Interrogatories within 20 days of the date of this Order.
119%4- na'4 .r?.,a .r.
If Defendants fail to comply with this Order
y
they shall b&jweo4xfed-fl1Ly111-
putting ur-ml
evidence at trial.
BY THE COURT:
Distribution:
Daryl E. Christopher, Esquire, Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA
17110, Counsel for Plaintiff
James H. Rohlfmg, Esquire, of William J. Ferren & Associates, 1500 Market St., Suite 2920, 29"'
Floor, West Tower, Philadelphia, PA 19102-2100, Counsel for Defendants
Cop; e5 rya.. lead l 1 /a V110
flo
452551
t;"I0 Qrr, -g 4M II :
"UMBERLAN 0 0Jtg4Ty
PENNS )'LMNHA
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
TO: Housing and Redevelopment Authority of the County of Cumberland
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff 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
456321
(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: 1.117110
Respectfully submitted,
ANGINO & ROVNER, P.C.
?4a2ryl E. Christopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
456321
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You
have twenty (20) days from the dale 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.
Respectfully submitted,
ANGINO R VNER, P.C.
Daryl . Chn er, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Date: Counsel for Plaintiff
454160
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Donnie N. Shomper, Administrator of
The Estate of Lee Ann Shomper,
deceased
Plaintiffs
versus : No. 10-4227-Civil Term
Brooke R. Rhodes and David E.
Salter
Defendant/s
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
To: Housing and Redevelopment Authority of the County of Cumberland
114 North Hanover St., Suite 104
Carlisle, PA 17013
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 documents relating in any way to
inspections performed of 210 Third Street, New Cumberland, Cumberland County,
Pennsylvania; applications for Section 8 status of said property; approval, denial, or revocation
of Section 8 status of said property; and any and all documents reflecting violation of any
building or property maintenance codes or standards of said property. You may limit your
response to documents relating to January 1, 2005, to present. Please produce to Daryl
Christopher, Esquire, at Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110.
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 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 #:
Attorney for:
Daryl E. Christopher, Esquire
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
91895
Plaintiff
BY THE COURT:
Date:
Seal of the Court
Prothonotary/Clerk, Civil Division
Deputy
454159
Return of Service:
On the day of
served
(name of person served)
by: (Describe method of Service)
with the foregoing subpoena
I verify that the statements in the Return of Service are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unworn falsification to authorities.
Date:
(Signature)
454159
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the NOTICE OF INTENT TO SERVE
A SUBPOENA upon all counsel of record via postage prepaid first class United States mail
addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29?' Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
taw ? ,?• ..
Mary T. G ®r ets
Dated: 1)-q-\D
454160
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the CERTIFICATE PREREQUISITE
TO SERVICE OF A SUBPOENA upon all counsel of record via postage prepaid first class United
States mail addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29th Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
Mary T. eraets
Dated: l -a' '-? ' 1 V
456321
_1C_
i. h ."ft_ '€ta? ?iuDTAi
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
_2 PM 3.46
,f+ 3ERLAND COL14TY
'?.-ONSl'LVANIA
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION FOR APPROVAL OF WRONGFUL DEATH AND SURVIVAL SETTLEMENT
AND PROPOSED DISTRIBUTION OF PROCEEDS
AND NOW COMES Donnie N. Shomper, Administrator of the Estate of Lee Ann
Shomper, Deceased, by and through his attorneys, Angino & Rovner, P.C., and hereby Petitions
this Honorable Court pursuant to Pa.R.C.P. 2206 for an Order approving the proposed settlement
and approving the proposed distribution of proceeds.
1. On October 10, 2008, Petitioner's decedent, Lee Ann Shomper, was injured when
she fell down a flight of stairs at her apartment located at 210 Third Street, New Cumberland,
Cumberland County, Pennsylvania. Mrs. Shomper died on October 29, 2008, as a result of a
pulmonary embolism.
460632
2. Plaintiff believes and averred in his Complaint that his wife's fall down the steps
caused or contributed to her death.
3. On December 3, 2008, Plaintiff Donnie Shomper applied for and was granted
Letters of Administration by the Cumberland County Court of Common Pleas in Estate No.
2008-01197.
4. At the time of her death, Mrs. Shomper left behind only one heir and only one
wrongful death beneficiary, her husband, Donnie Shomper.
5. The crux of Plaintiff's case against the Defendants is that the handrail of the
stairwell was loose and caused or contributed to Mrs. Shomper's fall.
6. Were it to proceed to trial, the present case would involve difficult questions
regarding the mechanics of Mrs. Shomper's un-witnessed fall and whether the fall was related to
her death.
7. Plaintiff/Petitioner and his counsel believe that settling the present case in
exchange for $250,000.00 is in the Plaintiff's best interest as an Estate beneficiary, as a wrongful
death beneficiary, and as the Administrator of his wife's Estate.
8. Attached as Exhibit A is a copy of the proposed settlement and release.
9. The settled claims include two separate causes of action: a survival action
asserted under 42 Pa.C.S.A. §8302, and a wrongful death action asserted under 42 Pa.C.S.A.
§8301.
10. At the time of her death, Mrs. Shomper was married to her husband, the
Plaintiff/Petitioner Donnie Shomper, and had no children or surviving parents.
11. Under Pennsylvania law, Mr. Shomper is the sole wrongful death beneficiary and
the sole beneficiary of his wife's Estate.
460632
2
12. Plaintiff/Petitioner engaged the services of the law firm of Angino & Rovner,
P.C., to prosecute a personal injury claim on behalf of his wife's Estate and on behalf of him as
the wrongful death beneficiary. A copy of the Power of Attorney & Fee Agreement is attached
as Exhibit B.
13. Pursuant to the Power of Attorney & Fee Agreement, Angino & Rovner is entitled
to 35% of the gross settlement.
14. Pursuant to the Power of Attorney & Fee Agreement, Angino & Rovner is also
entitled to recover its out-of-pocket expenses associated with the present case. The costs
chargeable to Mr. Shomper are $3,616.21. Attached as Exhibit C is a list of the expenses being
charged by Angino & Rovner, P.C.
15. Plaintiff/Petitioner proposes a distribution of the settlement proceeds as follows:
a. Counsel fees - $87,383.79 ($87,500 less a fee concession of $116.21);
b. Reimbursement of out-of-pocket expenses - $3,626.12;
C. 80% of the balance, or $127,200, to the Wrongful Death Action;
d. 20% of the balance, or $31,800, to the Survival Action.
16. Prior to filing the subject Petition, Plaintiff/Petitioner contacted the Pennsylvania
Department of Revenue regarding the proposed distribution between wrongful death and survival
actions and received the Department's consent. Attached as Exhibit D is a letter from the
Department of Revenue consenting to the proposed distribution.
17. A proposed Distribution Sheet showing the final distribution of this settlement is
attached as Exhibit E.
460632 3
WHEREFORE, the Plaintiff/Petitioner respectfully requests that this Court issue an
Order approving the proposed settlement and distributing funds as described in paragraph 15
above.
Date:
Respectfully submitted,
ANGINO & ROVNER, P.C.
Daryl 'Christopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff(s)
460632 4
VERIFICATION
I, Donnie Shomper, Plaintiff, hereby verify that the facts set forth in the foregoing Petition
are true and correct to the best of my knowledge, information and belief. I understand that any false
statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn
falsification to authorities.
WITNESS:
Donnie Shomper, Administrator of the Estate
of Lee Ann Shomper
Date: •? ??
460632
O?pt/r
READ IT CAREFULLY
KNOW ALL BY THESE PRESENTS, that I, Donnie N. Shomper, individually
and as Administrator of the Estate of Lee Ann Shomper, deceased, intending to be legally
bound hereby, for the full and sole consideration of the sum of Two Hundred and Fifty
Thousand Dollars ($250,000.00), to paid me at the time of the signing, sealing and
delivery of this Release, the receipt and sufficiency of which is hereby acknowledged,
have release, discharged, and acquitted by these presents, do for myself, my heirs,
executors, administrators, acquit and forever discharge, Brooke R. Rhodes, David E.
Salter, Travelers Casualty Insurance Company of America and any and all other persons,
firms and corporations (hereinafter Releasees), each and all of them from any and all
claims, rights, demands, damages, actions or causes of action of whatsoever kind and
nature which 1, individually, jointly or separately, now have, ever had, or may at any time
hereafter have arising out of or in any way connected with any and all known and
unknown, foreseen and unforeseen, physical or psychological injuries and the expenses
and the consequences thereof or any other loss or damage sustained by Lee Ann
Shomper, or me, Donnie N. Shomper, individually and as the administrator of the estate
of Lee Ann Shomper, deceased, as a result of or in any way connected with an incident
which occurred on or about October 10, 2008, on the premises located at 210 Third
Street, New Cumberland, PA 17070, or the death of Lee A. Shomper, who was
pronounced dead on arrival at Harrisburg Hospital on or about October 29, 2008,
including but not limited to the injuries, losses or damages claimed or which could have
been claimed in the suit pending in the Court of Common Pleas of Cumberland County,
Docket No. 10-4227, which case shall be marked satisfied and/or settled, discontinued
and ended with prejudice.
IT IS UNDERSTOOD AND AGREED, that, T acknowledge and assume all
risks, chance or hazard that the said injury or damage may be or become permanent,
progressive, greater, or more extensive than is now known, anticipated or expected. No
promise or inducement which is not herein expressed has been made to me and in
executing this Release, 1 do not rely upon any statement or representation made by any
person, firm or corporation, hereby released, or any agent, physician, doctor or any other
person representing them or any of them, concerning the nature, extent or duration of said
damages or the legal liability therefore.
FURTHERMORE, 1, Donnie N. Shomper, individually and as the Administrator
of the Estate of Lee Ann Shomper, deceased, intending to be legally bound hereby, do
expressly stipulate and agree in consideration of the aforementioned payment of Two
Hundred and Fifty Thousand Dollars ($250,000.00) to indemnify and hold forever
harmless Releasees and their parent, subsidiary, affiliated and inter-related companies
and their officers, directors, agents, servants, employees, successors and assigns, and
each or any of them, against any lien or loss from any other claims, including Worker's
Compensation liens or any other lien for wages or medical bills, demands, or actions
which may hereafter or at any time be made or brought against each or any of them to
enforce any claim for personal injuries, wages, medical bills, or any other damages
sustained by me arising out of or in any way connection with the incidents of October 10,
2008 and October 29, 2008, by or on behalf of me, my heirs, executors, administrators,
J'
next-of-kin, successors, or assigns, or each or any of them, or any claimant deriving their
claim from or through me.
IT IS FURTHER UNDERSTOOD AND AGREED THAT this settlement is
the compromise of a doubtful and disputed claim and that payment made is not to be
construed as an admission of liability on the part of the Releasees and Releasees deny any
liability for the personal injuries or any other loss or damage sustained by me and the
settlement and this Release and any payment shall never be treated as evidence of
liability nor as an admission of liability or responsibility by Releasees at any time or in
any manner whatsoever.
I certify that I have made this compromise settlement after consultation with, and
advice from my attorney, Daryl E. Christopher who has explained to me the nature and
extent of my legal rights and the effect of this Release.
FURTHERMORE, the undersigned hereby declare that the terms of this
settlement and release have been completed read and are fully understood and accepted
for purpose of making a full and final compromise, adjustment and settlement of any and
all claims against Releasees or against any other person, firm, corporation, or entity
disputed or otherwise, on the account of the injuries and damages above stated and for the
express purpose of precluding forever any further or additional claims for personal
injuries, damages or losses sustained by me against any person, firm, corporation, or
entity arising out of the aforesaid incidents of October 10, 2008 and October 29, 2008.
The undersigned further declares that this Release contains the entire agreement
between the undersigned and Releasees and declare that no promise, inducement, or
agreement not herein expressed has been made to the undersigned, and that the terms of
the Release are contractual and not a mere recital.
IN WITNESS WHEREOF, and intending to be legally bound hereby, I hereunto
set my hand and seal this day of , 2011.
Signed, sealed and delivered in the presence of the below-described witness.
WITNESS
PRINT NAME
ADDRESS
Donnie N. Shomper,
Adminstrator of Estate of Lee Ann Shomper, Deceased
Sworn to and subscribed
before me this day
of , 2011.
NOTARY PUBLIC
??N?B?T
POWER. OF ATTORNEY AND FEE AGREEMENT
-BY SIGNING THIS AGREEMENT, I (WE)ACKNOWLEDGE THAT I (WE) HAVE ENGAGED THE LAW FIRM OF ANGINO & ROVNER, P.C.
(HEREIN-AFTER A &R),-TO REPRESENT ME (US) UNDERTHE FOLLOWING TERMS AND CONDITIONS:
A & R may on my (our) behalf secure medical, -work and other similar records, conduct an investigation, negotiate, and
if necessary start suit against anyone responsible for my (our) injures and- losses with respect to
+_ _ ?0^SftI Ja,4, A }$4l } with foil-power and -authority to appear on behalf ofthe undersigned in any
Court of record or in any administrative or other proceeding, to do and perform all and every act -and thing whatsoever
that may be requisite and necessary to be done in connection with the above claim as fully as the undersigned might or
could do if personally present; hereby ratifying ar--id confirming all that- said attorneys shall lawfully do or cause to be
done therein by virtue of this power of attorney.
2. I (we) understand that so long- as the -case is handled by an A & R attorney, I (we) will not be responsible for any-fees
and/or expenses unless a recovery or benefit is obtained.
3. If my (our) case is handled to a successful completion by an A & R attorney, I (we) agree to pay A & R all reasonable
out-of-pocket expenses without the payment of interest, plus a fee for time expended as follows:
A & R ME (US)
a. SETTLEMENT PRIOR TO STARTING SUIT 30% 70%
b. SETTLEMENT FOLLOWING SUIT BUT PRIOR TO PRETRIAL CONFERENCE OR APPOINTMENT OF
ARBITRATORS FOR ARBITRATION 35% 65%
c. SETTLEMENT AT OR AFTER A PRETRIAL CONFERENCE OR SETTLEMENT AFTER THE
APPOINTMENT OF ARBITRATORS FOR ARBITRATION; SETTLEMENT OR VERDICT AT TRIAL OR
.ARBITRATION; SETTLEMENT AFTER TRIAL, ARBITRATION, OR APPEALS. 40% 60%
d: IF NO- ULT COVERY OR NON- TARY RI C ANGIO 750); J. OVNER ($450);
IA 40 UR NOT TO.E GEED 40% O AL R F AL ENE
e. OTHER CASES
4. Once ar -attorney fee is established based upon work performed to achieve a--settlement or verdict, any additional
settlements. will be at the same percentage or possibly higher if additional work is performed to achieve the settlement or
verdict.
5. If my (our) case was forwarded/referred to A&R-by another attorney-or-law firm, A&R may pay a portion of its fee
to forwarding counsel. You will not pay a larger fee because of the fee splitting arrangement.
6. If for any reason I (we) take my (our) case to another attorney or law firm including a former A & R attorney or- handle
it myself (ourselves), I (we) recognize that A & R has, in good faith, expended money and time for my (our), benefit and
I (we) therefore agree to pay, or have my (our) new attorney pay, immediately, upon severing the A & R attorney/client
relationship, all the out-of-pocket expenses incurred on-my (our) case plus interest at the-rate of 6% per annum from the
data o€ each expenditure. In addition, when the case-is successfully concluded, I (we)-agree to pay or to direct my (our)
new attorney to pay as a fee 20%--of the gross recovery to A & R.
.7.. In the event that any settlement is made on a structured or deferred payment basis, A & R shall be entitled to receive
their percentage based on the present value of the structured settlement, if paid as a lump sum at the time of settlement.
If by settlement or operation of law, benefits are to be paid periodically in the future, the attorneys' fee due to Angino &
Rovner, P.C., on such benefits will be calculated by taking the present value of such future payments at the time of the
award based upon the then existing federal funds discount rate and will be paid in a lump sum to the attorneys at the
time of settlement or verdict.
I (we) agree not to settle or discuss settlement of my (our) case without the written consent of A & R.
362178 (revised 10/09)
1 ? ? 1 ?'
PLEASE COMPLETE PERSONAL INFORMATION BELOW
Receiving Support from Dept of Welfare or Public
Assistance (Including Cash Yes (circle one)
Receivin Medicare7Medicaid Yes circle one Medicare #
Under child support order? Yes circle one
Are you in arrears es with child support? Yes- CS V_
(circle one
Are you currently in ban.1-ruptcy? Yes (circle one)
Tnjured'sName ,rnn, ' c
If Married, Spouse's-Name-
Injured's Social Security Number 2 U V _ tI _ S.7.Sl a
If Married, Spouse's S,orial SecurityNumber
Injured's Date of Birth
If Married, Spouse's Date of Birth
Address Street 117,
City, State, Zip C z-, e- 4 ti 7 ? 7 d
E-Mail Address
Telephone Home 7 / 7 7
Work
Cellular F V 2 L G
BY SIGNING THIS AGREEMENT, THIS ? DAY OF 1.9 -f C ^ /5 e ` , 20-1/I (WE) ACKNOWLEDGE THAT I -(WE) HAVE READ,
UNDERSTOOD, AND RECEIVED A COPY OF SAME AND AGREE WITH iT=RMS AND CONDITIONS.
WITNESS(ES):
CLIENT(S):
(SEAL)
(SEAL)
I recognize that in order to investigate my claim, Angino & Rovner, P.C., will obtain my medical records and other personal medical
information. I understand Angino & Rovner may disclose my medical information to experts, insurance carriers, defendants, other attorneys
and/or other individuals necessary to pursue my case. I have been informed that I have the right to privacy in my medical records under the
Health Insurance Portability and Accountability Act, 42 U.S.C. § 1320,-et seq. If this Act would be deemed to apply to disclosures made by
Angino & Rovner, I hereby waive any rights I may-have under the aforementioned Act and hereby hold Angino & Rovner, P.C., harmless for
any actions which may be affected by HIPAA or the regulations thereunder. 1:7 "0' (Client's initials)
I understand-that Angino & Rovner will retain my file for a period of five years after the conclusion of my case. I further- acknowledge that
Angino-i Rovner will destroy my file at the end of the five year period. Exceptions to-this ipolicy may include cases involving minors,
annuities/structured settlements, and worker's compensation cases settled by partial compromise and release. I have no expectation that my
file will be retained permanently. /2 XI'S (Client's Initials)
I (We) acknowledge pursuant to Act 109 of 2006, which became law on July 7, 2006, that a statutory lien has been created by the
Pennsylvania Legislature which requires me (us) to provide information concerning any Orders or Agreements to pay child support and any
arrearages that may be due at the time of settlement or verdict. I (we) also recognize that the law requires the law firm of Angino and
Rovner, P.C. to verify with the Pennsylvania Department of Public Welfare whether there are any arrearages in my (our) support obligation at
the time of settlement. I (we) understand that the law requires my attorney pay the amount of the arrearages to the Pennsylvania State
Disbursement Unit prior to distribution to me of the net proceeds of any settlement or award to me in any case where the net proceeds to
client exceed $5000.00. I acknowledge that if there are child support arrearages owed at the time of settlement or verdict that it is statutory
lien which Angino and Rovner, P.C. must confirm and honor. )9 Xis (Client's Initials)
362178 (revised 10/08)
C1
J
•
Angino & Rovner, P.C.
** CASE/ACCOUNTING REGISTER **
FILE NUMBER ............: 08197
PREPARED: 2/03/2011
PAGE: 1
CLIENT.: ............... : SHOMPER, ESTATE OF LEE ANN
DATE IN OFFICE.........: 12/10/2008
TYPE OF CASE...........: S&F
DEFENDANT(S)...........: BROOKE RHOADS
ATTORNEY IN CHARGE.....: DEC
FORWARDER ..............:
REFERRAL ...............:
SPECIAL NOTE(S)........: W-9
---------- --------------------------------------
*** --------------
FILE EXPENSES ---------
*** -------------- ------------ ---
DESCRIPTION DATE QUANTITY UNIT/PRICE AMOUNT PERSON
FAX CHARGES (PER PAGE) 2/19/2010 4.00 1.00 4.00
FAX CHARGES (PER PAGE) 1/11/2011 6.00 1.00
--- 6.00
---------
EXPENSE TYPE TOTAL: FAX CHARGES (PER PAGE) 10.00
INVESTIGATION TIME EXPENSE 8/20/2009 .50 70.00 35.00 MAS
INVESTIGATION TIME EXPENSE 9/17/2009 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 1/21/2010 .50 70.00 35.00 MAS
INVESTIGATION TIME EXPENSE 1/27/2010 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 6/01/2010 .75 70.00 52.50 MAS
INVESTIGATION TIME EXPENSE 9/30/2010 1.50 70.00 105.00 MAS
INVESTIGATION TIME EXPENSE 1/04/2011 .50 70.00 35.00 MAS
INVESTIGATION TIME EXPENSE 1/31/2011 .25 70.00
--- 17.50
--------- MAS
EXPENSE TYPE TOTAL: INVESTIGATION TIME EXPENSE 385.00
DIGITAL C.D. 8/20/2009 6.00
DIGITAL C.D. 1/04/2011
-- 6.00
---------
EXPENSE TYPE TOTAL: INVESTIGATION EXPENSE - 12.00 *
LANG DISTANCE 2/02/2011 5.00
-
-
-
EXPENSE TYPE TOTAL: LONG DISTANCE --- --
----
5.00
MILEAGE 1/27/2010
-- 9.50
---------
EXPENSE TYPE TOTAL: MILEAGE - 9.50
COLOR COPIES 8/20/2009 28.00 .50 14.00
blk;b(l C
Angino & Rovner, P.C.
** CASE/ACCOUNTING REGISTER **
PREPARED: 2/03/2011
FILE NUMBER ............: 08197
CLIENT .......... .......: SHOMPER, ESTATE OF LEE ANN
------------------------------------------
COLOR COPIES ADDL ------------------
8/28/2009 - - - --
31. --
00 --------------
.25 ------------- - --
7.75
COLOR COPIES 8/25/2010 67. 00 .25 16.75
PHOTOCOPIES 2/02/2011 1,639. 00 .25 409.75
PHOTOCOPIES 2/02/2011 200. 00 .25
- 50.00
-----------
EXPENSE TYPE TOTAL: PHOTOCOPIES 498.25
POSTAGE 9/10/2009 .44
POSTAGE 8/09/2010 .44
POSTAGE 10/14/2010 .44
POSTAGE 11/24/2010 2. 00 .44 .88
POSTAGE 1/04/2011 5.20
POSTAGE 1/04/2011 6.70
POSTAGE 1/21/2011 1.39
POSTAGE 2/02/2011 60.33
POSTAGE 2/02/2011 .44
EXPENSE TYPE TOTAL: POSTAGE 76.26
SUB-TOTAL 996.01 **
----------------------------------------------------------------------------------------------------
*** CHECK EXPENSES ***
DESCRIPTION DATE CHECK# AMOUNT
HEALTHPORT 12/30/2008 77888 38.56
STAR-MED LLC 1/07/2009 77930 53.81
WEST SHORE EMERGENCY 1/07/2009 77931 37.92
DAUPHIN COUNTY TREASURER 1/12/2009 77959 150.00
DAUPHIN COUNTY TREASURER 1/29/2009 78096 50.00
ISIDORE MIHALAKIS, M.D. 3/18/2009 78475 1,050.00
INTERNAL REVENUE SERVICE 8/27/2009 79966 39.00
INTERNAL REVENUE SERVICE 8/27/2009 79967 156.00
INTERNAL REVENUE SERVICE 9/16/2009 80154 57.00
INTERNAL REVENUE SERVICE 9/16/2009 80155 228.00
INTERNAL REVENUE SERVICE 9/30/2009 79966 39.00-
INTERNAL REVENUE SERVICE 9/30/2009 79967 156.00-
LOWER ALLEN TOWNSHIP POLICE 1/27/2010 81237 15.00
STAR-MED LLC 1/28/2010 81257 34.00
STAR-MED LLC 2/17/2010 81402 49.41
CONRAD M. SIEGEL, INC. 2/17/2010 81404 250.00
PROTH OF CUMBERLAND COUNTY 6/23/2010 82398 92.00
SHERIFF OF CUMBERLAND COUNTY 6/23/2010 82399 100.00
BOROUGH OF NEW CUMBERLAND 10/20/2010 83306 15.00
BOROUGH OF NEW CUMBERLAND 10/28/2010 83347 15.00
PROTH OF CUMBERLAND COUNTY 12/01/2010 83529 3.00
JAMES C. DRUECKER, PE 2/02/2011 84012 385.00
SUB-TOTAL
- 2,623.70 **
------
-
------------ -------------------------------------
-------------
TOTAL EXPENSES
-------------------- -
---
3,619.71 ***
-----------------
xxxxx RECEIPTS x xxxx
PAGE: 2
Angino & Rovner, P.C.
** CASE/ACCOUNTING REGISTER **
PREPARED: 2/03/2011
FILE NUMBER ............: 08197
PAGE: 3
CLIENT .................: SHOMPER, ESTATE OF LEE ANN
----------------------------------------------------------------------------------------------------
SHER. OF CUMB. CO. RTN. 7/30/2010 28.50
------------
RECEIPTS TOTAL 28.50 ***
----------------------------------------------------------------------------------------------------
* OUTSTANDING INVOICES *
CUSTOMER NAME INV# INV DATE $BILLED $PAID $DUE
OUTSTANDING INVOICE TOTAL .00 ***
------------
TOTAL... 3,591.21-
----------------------------------------------------------------------------------------------------
** END OF FILE **
0•t
,511'21+
X11 ?aX 2 5.00}
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y
} pennsylvania
DEPARTMENT OF REVENUE
1A - I"
February 16, 2011
Daryl Christopher, Esquire
Angino & Rovner, PC
4503 North Front Street
Harrisburg, PA 17110
Re: Estate of Lee Ann Shomper
File Number 2108-1197
Court of Common Pleas Cumberland County
Dear Mr. Christopher:
The Department of. Revenue has received.the Petition. for, Approval of Settlement Claim to be
filed on behalf of the above4eferenced Estate in regard to a- wrongful death and survival action. It has
been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid.to
settle the actions.
Pursuant to the Petition, the'44-yeariold decedent died.as a result of injuries received in a fall..
Decedent is survived by her husband.
Please be advised that, based upon these facts and for inheritance tax purposes only, this
Department has no objection to the proposed allocation of the net proceeds of this action, $127,200.00 to
the wrongful death claim and $ 31,800.00 to the survival claim. Proceeds of a survival action are an asset
included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax. 42
Pa.C.S.A. §8302; 72 P.S. §9106, 9107. Costs and fees must be deducted in the same percentages as the
proceeds are allocated. In re Estate of Me an, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this matter. As
the Department has no objections to the Petition, an attorney from the Department of Revenue will not be
attending any hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau.
Sin rely,
annon E. Baker
Trust Valuation Specialist
'. Inheritance Tax Division
1 A
` , t u
i i ,i3Ci ;U;
TOW
?J!s f7
j) [ -,i 1701
Bureau of Individual Taxes PO Box 280601 1 Harrisburg, PA 17128 1 717.783.5824 1 shabaker@state.pa.us
C
?????T
anglno-rovner
4503 NORTH FRONT STREET RICHARD C. ANGINO
HARRISBURG, PA 17110-1799 NEIL J. ROVNER
PHONE: (717) 238-6791 DAVID L. LUTZ
FAX: (717) 238-5610 MICHAEL E. KOSIK
RICHARD A.SADLOCK
www.angino-rovner.com LISA M. B. WOODBURN
E-mail: dchristopher@angino-rovner.com DARYL E. CHRISTOPHER
DONNIE M. SHOWER, ADMINISTRATOR of the ESTATE of LEE ANN SHOWER, DECEASED and
DONNIE M. SHOMPER, Individually v. BROOKE R. RHODES and DAVID E. SALTER
DISTRIBUTION SHEET
TOTAL AMOUNT OF SETTLEMENT $250,000.00
DEDUCTIONS:
Attorney's Fee (35%) $87,500.00
Balance $162,500.00
Reimbursement of expenses paid by attorneys
to others for records, experts, etc. $3,616.21
Balance $158,883.79
PLUS: FEE CONCESSION 116.21
BALANCE TO CLIENT PLUS ANY INTEREST EARNED
WHILE HELD IN BANK ESCROW $159,000.00
FINAL DIVISION:
Attorney's Fee $87,383.79
Client's Balance $159,000.00
Reimbursement of Expenses $3,616.21
This settlement/verdict may be taxable. We recommend that you consult your accountant or tax attorney for the
calculation of your tax liability and any deductions to which you may be entitled.
WARRANTY
AND NOW, this day of , 2011, I acknowledge that I have read, understood,
approved and obtained a copy of this Distribution Sheet. I further acknowledge that the above balance constitutes my
total reimbursement for medical expenses, wage losses, pain and suffering and any other losses sustained or claims
resulting from our accident. I warrant that if there are any outstanding medical bills, child support arrearages or claims
other than as set forth above, they will be my responsibility; I further warrant that I will pay any outstanding Blue Cross,
Blue Shield, Public Assistance, Medicare/Medicaid, medical subrogation liens or any other liens and expenses not noted
above.
WITNESS
DONNIE M. SHOMPER
461114
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PETITION FOR APPROVAL OF
WRONGFUL DEATH AND SURVIVAL SETTLEMENT AND PROPOSED DISTRIBUTION
OF PROCEEDS upon all counsel of record via postage prepaid first class United States mail
addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
290' Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
Miry It Geraets
Dated: 3-)-h
460632
r•
?J
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this day of R (R1/'0 , 2011, upon consideration of
the Petition for Approval of Wrongful Death and Survival Settlement and Proposed Distribution,
the Petition is hereby granted.
Plaintiff/Petitioner is authorized to settle his case in exchange for $250,000.00 by signing
the Release attached to this Petition. The proceeds are to be distributed as follows:
Angino & Rovner, P.C. - attorney's fees - $87,383.79;
2. Angino & Rovner, P.C. - out-of-pocket expenses - $3,616.21;
s
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3. 80% of the balance, or $127,200, to the Wrongful Death Action;
4. 20% of the balance, or $31,800, to the Survival Action.
BY THE COURT:
Distribution:
?Daryl E. Christopher, Esquire, Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA
17110; Counsel for Plaintiff
? James H. Rohlfing, Esquire, William J. Ferren & Associates, 1500 Market St., Suite 2920, 29`"
Floor, West Tower, Philadelphia, PA 19102-2100; Counsel for Defendants
C"Pie-% P&Id
-511111
DYE
460632
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1Ir re??T{?4l'0TAR
2911 MAC, 22 A14 i f : 02
CUMBERLAND COUNTY
RE0SYLVANIA
ANGINO & ROVNER, P.C.
Daryl E. Christopher, Esquire
Attorney ID# : 91895
4503 North Front Street
Harrisburg, PA 17110-1708
(717) 238-6791
FAX (717) 238-5610
Attorneys for Plaintiff
E-mail: dchristopher@angino-rovner.com
DONNIE N. SHOMPER, Administrator of
the Estate of LEE ANN SHOMPER,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 10-4227- Civil Term
V.
BROOKE R. RHODES and DAVID E.
SALTER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
To the Prothonotary of Cumberland County:
Please mark the above-captioned action settled, satisfied, and discontinued.
Respectfully submitted,
ANGINO & ROVNER, P.C.
Date: V.X10
443332
Daryl . Christopher, Esquire
PA I.D. No. 91895
4503 N. Front Street
Harrisburg, PA 17110
(717) 238-6791
dchristopher@angino-rovner.com
Counsel for Plaintiff
ORIGINAL
a i
CERTIFICATE OF SERVICE
I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby
certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of
record via postage prepaid first class United States mail addressed as follows:
James H. Rohlfing, Esquire
William J. Ferren & Associates
1500 Market St., Suite 2920
29'' Floor, West Tower
Philadelphia, PA 19102-2100
Attorney for Defendants
?7' . -1
Dated: -1 Mary T.
443332