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HomeMy WebLinkAbout11-3777r t"41.1 'r. r r? A Kathy Smith and Curtis Smith : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Rovegno's of Carlisle, Inc. and Richard L. Rovegno Defendant NO. 20 Civil Term 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-2+49-3166 3) WA9.M'Pda ?ti+* 947 ZfE asSisl GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS 265 Lincoln Street ; CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 Plaintiffs : NO. vs. ROVEGNO'S OF CARLISLE, INC. : CIVIL ACTION - LAW 401 East Louther Street Carlisle, Pennsylvania 17013 ; and RICHARD L. ROVEGNO 401 East Louther Street Carlisle, Pennsylvania 17013 Defendants COMPLAINT 1. Plaintiff Kathy Smith and Curtis Smith are wife and husband and adult individuals residing at 265 Lincoln Street Carlisle, Pennsylvania 17013. 2. On information and belief, Defendant Rovegno's of Carlisle, Inc., is a Pennsylvania corporation with a principal business address of 401 East Louther Street Carlisle, Pennsylvania 17013. 3. On information and belief, at all times pertinent hereto, Defendant Richard L. Rovegno is an adult individual with a business address of 401 East Louther Street Carlisle, Pennsylvania 17013. 4. On information and belief, Defendant Richard L. Rovegno is the president and/or director and/or shareholder of Defendant Rovegno's of Carlisle, Inc. 5. At all times pertinent hereto, Defendants Rovegno's of Carlisle, Inc. and Richard L. Rovegno were acting on their own behalf and/or by and through their predecessors and/or successors in interest. 6. At all times pertinent hereto, Defendants Rovegno's of Carlisle, Inc. and/or Richard L. Rovegno owned, leased, operated, possessed, maintained, and/or otherwise controlled the premises and the appurtenant sidewalks at or about 401 East Louther Street Carlisle, Pennsylvania 17013. 7. At all times pertinent hereto, Rovegno's of Carlisle, Inc. and/or Richard L. Rovegno had a duty to provide a safe premises for the public and/or business invitees including Plaintiff Kathy Smith, or in the alternative, warn the public including Plaintiff Kathy Smith of dangerous, hazardous and/or defective conditions which they knew or should have known existed thereon. 8. On or about December 21, 2009 at or about 9:00 a.m., Plaintiff Kathy Smith was a member of the public and a business invitee on the sidewalk adjoining and/or upon the premises at 401 East Louther Street Carlisle, Pennsylvania 17013. 9. At said time and place, and while on the above mentioned premises, Plaintiff Kathy Smith, tripped and/or slipped and fell on an accumulation of ice and snow which had formed into slippery, uneven hills and ridges on the sidewalk. 10. The aforementioned ice, and/or snow was not the result of an entirely natural accumulation. 11. The aforementioned incident, resulting injuries and/or damages, were in no way caused by any act or failure to act on the part of Plaintiff Kathy Smith. 12. As a direct and proximate result of the aforementioned incident, Plaintiff Kathy Smith suffered severe and painful injuries to her sciatic nerve, lumbar spine, cervical spine, sacroiliac joint, right leg, right hip and right foot. In addition Plaintiff Kathy Smith suffered an injury to her nerves and nervous systems, and increased risk of developing arthritis and other debilitating conditions, anxiety, pain, suffering and other physical ailments all or some of which are or may be permanent in nature. 13. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, Plaintiff Kathy Smith has been in the past, and may continue to be in the future, unable to attend to her usual habits, customs, vocation and enjoyment of life. 14. As a direct and proximate result of the aforementioned incident and the resulting injuries and/or damages, Plaintiff Kathy Smith has been compelled and/or may be compelled to spend money for medical aid, medicines, medical and medically related treatment, surgeries, instrumentalities and modalities. 15. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, the integrity, resilience, resistance to injury of Plaintiff Kathy Smith has been compromised so that Plaintiff Kathy Smith is more susceptible to injury and may have earlier onset of degenerative problems than Plaintiff Kathy Smith would have suffered had the above mentioned injuries not occurred. 16. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, Plaintiff Kathy Smith has suffered and/or suffers and/or will suffer from physical and mental anguish, pain, inconvenience, and/or emotional distress. 17. As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, Plaintiff Kathy Smith has suffered and/or continues to suffer and/or may in the future suffer the loss of earnings and earning capacity. COUNT 1 - NEGLIGENCE PLAINTIFF KATHY SMITH v DEFENDANT ROVEGNO' S OF CARLISLE INC 18. Paragraphs 1 through 17 are incorporated herein by reference as if set forth at length herein. 19. At all times pertinent hereto, Defendant Rovegno's of Carlisle, Inc. acted or failed to act by and through its officers, directors, employees, agents, servants, workmen and/or representatives who were acting within the course and scope of their employment and on behalf of said Defendant. 20. The aforementioned incident and the resulting injuries and/or damages were the direct and proximate result of the negligence and carelessness of Defendant Rovegno's of Carlisle, Inc. whose conduct consisted of the following: a. Failure to inspect and/or maintain the area of the aforementioned incident in a reasonable and prudent matter; b. Failure to provide an even sidewalk surface for public and/or business invitees, including Plaintiff Kathy Smith, to walk on; C. Failure to timely remove ice, snow and/or other slippery material from Defendant Rovegno's of Carlisle, Inc.'s. premises; d. Permitting or allowing snow and/or ice to form and accumulate in a slippery group of hills and ridges when Defendant Rovegno's of Carlisle, Inc. knew or should have known that said ice and/or snow would form into said slippery hills and ridges in an area where public and business invitees, including Plaintiff Kathy Smith, were required to walk; e. Failure to apply sand, salt, abrasive, or ice melting material to an area which Defendant Rovegno's of Carlisle, Inc. knew or should have known was dangerously slippery; f. Permitting and allowing Business invitees to walk in and about the area of the incident when Defendant Rovegno's of Carlisle, Inc. knew or should have known of the dangerous condition which existed; g. Failure to regard the rights, safety and position of business invitees, including, Plaintiff Kathy Smith, in and about the area of the aforesaid incident when Defendant Rovegno's of Carlisle, Inc. knew or should have known that business invitees, including Plaintiff Kathy Smith, would not realize the existence of the dangerous and defective condition of Defendant Rovegno's of Carlisle, Inc.'s premises; h. Creating a slippery and dangerous condition which was, in part, not the result of a natural accumulation of ice and snow, i. Failing to timely clear the area of the subject incident of snow and ice; Failing to provide adequate warnings as to the existence of unreasonably slippery and dangerous conditions. WHEREFORE, Plaintiff Kathy Smith hereby demands judgment in her favor and against Defendant Rovegno's of Carlisle, Inc. in an amount which does exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT H - NEGLIGENCE PLAINTIFF KATHY SMTH v DEFENDANT RICHARD L ROVE TNO 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth at length herein. 22. At all times pertinent hereto, Defendant Richard L. Rovegno participated in the creation of the defective and dangerous condition set forth herein. 23. The aforementioned incident and the resulting injuries and/or damages were the direct and proximate result of the negligence and carelessness of Defendant Richard L. Rovegno whose conduct consisted of the following: a. Participating in the management of the Rovegno's of Carlisle, Inc., as set forth herein; b. Failure to inspect and/or maintain the area of the aforementioned incident in a reasonable and prudent matter; C. Failure to provide an even sidewalk surface for public and/or business invitees, including Plaintiff Kathy Smith, to walk on; d. Failure to timely remove ice, snow and/or other slippery material from Defendant Richard L. Rovegno's. premises; e. Permitting or allowing snow and/or ice to form and accumulate in a slippery group of hills and ridges when Defendant Richard L. Rovegno knew or should have known that said ice and/or snow would form into said slippery hills and ridges in an area where public and business invitees, including Plaintiff Kathy Smith, were required to walk; f. Failure to apply sand, salt, abrasive, or ice melting material to an area which Defendant Richard L. Rovegno knew or should have known was dangerously slippery; g. Permitting and allowing Business invitees to walk in and about the area of the incident when Defendant Richard L. Rovegno knew or should have known of the dangerous condition which existed; h. Failure to regard the rights, safety and position of business invitees, including, Plaintiff Kathy Smith, in and about the area of the aforesaid incident when Defendant Richard L. Rovegno knew or should have known that business invitees, including Plaintiff Kathy Smith, would not realize the existence of the dangerous and defective condition of Defendant Richard L. Rovegno's premises; i. Creating a slippery and dangerous condition which was, in part, not the result of a natural accumulation of ice and snow; Failing to timely clear the area of the subject incident of snow and ice; k. Failing to provide adequate warnings as to the existence of unreasonably slippery and dangerous conditions. WHEREFORE, Plaintiff Kathy Smith hereby demands judgment in her favor and against Defendant Richard L. Rovegno in an amount which does exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. COUNT III - LOSS OF CONSORTIUM PLAINTIFF CURTIS SMITH v. DEFENDANT ROVEGNO'S OF CARLISLE INC AND RICHARi? L ROVEGN,Q 24. Paragraphs 1 through 23 are incorporated herein by reference as if set forth at length herein. 25. At all times material hereto, Plaintiffs Kathy Smith and Curtis Smith lived together as, and were in fact, wife and husband. 26. As a direct and proximate result of the injuries to Plaintiff Kathy Smith, Plaintiff Curtis Smith has been and/or may be compelled to expend monies for medical and surgical treatment and medications in an effort to cure his wife. 27. As a direct and proximate result of the injuries to Plaintiff Kathy Smith, Plaintiff Curtis Smith has been and/or may be compelled to expend monies for hiring help to perform the duties of the household previously performed by his wife, Plaintiff Kathy Smith. 28. As a direct and proximate result of the injuries to Plaintiff Kathy Smith, Plaintiff Curtis Smith has been and may continue to be deprived of his wife's aid, comfort, society, companionship, income and affection. WHEREFORE, Plaintiff Curtis Smith hereby demands judgment in her favor and against Defendant Rovegno's of Carlisle, Inc. and Richard L. Rovegno in an amount which does exceed the jurisdictional limit requiring arbitration referral by local rule plus interest, costs and such other remedies as this Court may deem just and reasonable. Respectfully Submitted, GRAHAM & MAUER, P.C. <31 By:i Stacy J. ickerbocker, Esquire Date: April 15, 2011 Attorney for Plaintiff VERIFICATION I, Kathy Smith, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. AaAj-?? Kathy Smith VERIFICATION I, Curtis Smith, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Curtis Smith GRAHAM & MAUER, P.C. By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS 265 Lincoln Street : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 : Plaintiffs :NO. 11-3-77.7 CA vs. ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 and RICHARD L. ROVEGNO 401 East Louther Street Carlisle, Pennsylvania 17013 Defendants TO THE PROTHONOTARY: CIVIL ACTION - LAW ENTRY OF APPEARANCE Kindly enter the appearance of Stacy J. Knickerbocker, Esquire, as attorney for Plaintiffs Kathy Smith and Curtis Smith. GRAHAM & MAUER, P.C. By. ?Aal Stacy J. ckerbocker, Esquire Attorney for Plaintiff Date: April 15, 2011 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 ?'6111 APPi 18 PM 2: 4 "1JMC'r_-ftLAtQ COUNTY PENNSYLVANIA &At H Y EMI 1H and C;URTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS 265 Lincoln Street : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, Pennsylvania 17013 Plaintiffs : NO. \V_ 3 1`l1 CI Y41 vs. ROVEGNO'S OF CARLISLE, INC. 401 East Louther Street Carlisle, Pennsylvania 17013 : CIVIL. ACTION - LAW and RICHARD L. ROVEGNO 401 East Louther Street Carlisle, Pennsylvania 17013 Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Ronald M. Graham, Esquire, as attorney for Plaintiffs Kathy Smith and Curtis Smith. & MAUER, P.C. By: Graham, Esquire )r Plaintiff Date: April 15, 2011 i JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com ` ILED-OFFICE OF THE PROTHONOTARY 20 11 JUN 15 AM 11: 4 1 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 2;;y AND NOW, this of June, 2011, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER By 443611 e e on J. Shipman, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS ROVEGNO'S OF CARLISLE. INC. AND RICHARD L. ROVEGNO AND NOW, comes the Defendants, Rovegno's of Carlisle, Inc. and Richard L. Rovegno, by and through their counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and file the following Answer and New Matter to Plaintiffs' Complaint, as follows: 1. Admitted only that Plaintiffs are adult individuals residing in Carlisle, Pennsylvania. After a reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the remaining averments of paragraph 1. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The averments contained in paragraph 5 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph 6 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 7. Denied. The averments contained in paragraph 7 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 8. Denied. The averments contained in paragraph 8 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 9. Denied. The averments contained in paragraph 9 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 10. Denied. The averments contained in paragraph 10 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 11. Denied. The averments contained in paragraph 11 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 12. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 and the same are therefore denied and strict proof is demanded at the time of trial. 15. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 and the same are therefore denied and strict proof is demanded at the time of trial. 16. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 and the same are therefore denied and strict proof is demanded at the time of trial. 17. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 17 and the same are therefore denied and strict proof is demanded at the time of trial. COUNT I 18. The answering Defendants incorporate herein by reference their answers to paragraphs 1 through 17 above, as though fully set forth herein at length. 19. Denied. The averments contained in paragraph 19 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 20. Denied. The averments contained in paragraph 20 and subparagraphs (a) through Q) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph 20 and each and every subparagraph (a) through (j) are specifically denied. WHEREFORE, the answering Defendants respectfully request that judgment be entered in their favor and that Plaintiffs Complaint be dismissed with prejudice. COUNT II 21. The answering Defendants incorporate herein by reference their answers to paragraphs 1 through 20 above, as though fully set forth herein at length. 22. Denied. The averments contained in paragraph 22 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 23. Denied. The averments contained in paragraph 23 and each and every subparagraph (a) through (k) are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in paragraph 23 and each and every subparagraph (a) through (k) are specifically denied. WHEREFORE, the answering Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III 24. The answering Defendants incorporate herein by reference their answers to paragraphs 1 through 23 above, as though fully set forth herein at length. 25. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 25, and the same are therefore denied and strict proof is demanded at the time of trial. 26. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 26, and the same are therefore denied and strict proof is demanded at the time of trial. 27. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 27, and the same are therefore denied and strict proof is demanded at the time of trial. 28. Denied. After reasonable investigation, the answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 28, and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the answering Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 29. That if it should be found that the Plaintiff did sustain an injury as a result of the alleged incident, then said alleged injury was caused by Plaintiff's own negligence, carelessness, recklessness and assumption of the risk and that Plaintiff's alleged cause of action is barred by the Pennsylvania That the Plaintiff's alleged cause of action may be barred in whole or in part by the Pennsylvania Comparative Negligence Act. Act, 42 Pa. C.S.A. §7102. 30. That Plaintiffs alleged cause of action may be barred by the applicable statute of limitations. 31. That Plaintiffs alleged injury was caused by Plaintiffs own contributory negligence including the following: (a) Failing to watch where she was walking and stepping; (b) Failing to use due caution and care under the circumstances; (c) Walking and stepping in a hurried or otherwise inappropriate manner; (d) Failing to discover or observe the alleged condition she complains of; (e) Failing to take precautions to avoid her alleged injury; (f) Failing to wear proper footwear; 32. Plaintiff's alleged cause of action may be barred by her own assumption of the risk. 33. That there was no alleged dangerous condition. 34. That the answering Defendants had no notice, actual or otherwise, of said alleged dangerous condition. 35. That if it should be found that there was any negligence on the part of the answering Defendants, which is specifically denied, then any such negligence was not a factual cause of the accident and Plaintiff's alleged injuries. 36. That Plaintiffs alleged injuries may have been pre-existing. 37. That Plaintiff may have failed to mitigate her alleged injury. 38. That Plaintiff has failed to state a proper cause of action against the answering Defendants. WHEREFORE, the answering Defendants respectfully request that judgment be entered in their favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B: re*r?& J. Ship an, Esquire ttorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June, 2011 Counsel for Defendants VERIFICATION The undersigned verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. A w4aUV l ee_z'_C*_W19 Richard L. Rovegno Date: JUNL' (c z 0/l 443653 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer and New Matter of Defendants has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on June -?-t 2011: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDNER C)W J. Shipm n 443611 GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 F1LEO-OFFICE THE PROTHONOTARY 2311 JUL -1 PM 1: 49 rt MBERLANO COUNTY ?ENNS`f LVAN1 A KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. ROVEGNO'S OF CARLISLE, INC. :NO. 11 -3777 Civil CIVIL ACTION - LAW and RICHARD L. ROVEGNO Defendants CERTIFICATE OF SERVICE I, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 5th day of July, 2011, a true and correct copy of the within Plaintiffs' Reply to Defendants' New Matter was sent by first class, postage prepaid US Mail to the following: Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 GRAHAM & MAUER, P.C. By: 6"O?lk Stacy J. c`kerbocker Attorney for Plaintiff GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 "i ..Ep-OFFICE c, IHE PROTHONOTARY s'1 I.11!± -7 FIf 1:1j 9 'U', IBERLAND COUNTY PENNSYLVANIA KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 11-3777 Civil vs. ROVEGNO'S OF CARLISLE, INC. : CIVIL ACTION - LAW and RICHARD L. ROVEGNO Defendants PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 29. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiffs specifically deny that the cause of action set forth in their Complaint is barred or any way limited by the Pennsylvania Comparative Negligence Act. To the contrary, Plaintiffs' injuries and damages as alleged in their Complaint were proximately and solely caused by the negligence of Defendants named therein. 30. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiffs specifically deny that their claims are barred by any applicable Statute of Limitations. To the contrary, Plaintiffs Complaint has been timely filed. 31. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiffs specifically deny that Plaintiffs injury was caused by Plaintiffs' contributory negligence. To the contrary, Plaintiffs injuries were solely and proximately caused by Defendants named therein. Said Complaint is incorporated herein by reference. 32. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiffs specifically deny that they assumed any risk of injuries and damages. To the contrary, all of the injuries and damages alleged in Plaintiffs' Complaint were solely and proximately caused by Defendants named therein. 33. Denied. Plaintiffs specifically deny Defendants allegation that there was no dangerous condition. To the contrary, Defendants created the dangerous condition. 34. Denied. Plaintiffs specifically deny that Defendants had no notice, actual or otherwise, of the existence of the dangerous condition as alleged in Plaintiffs' Complaint. To the contrary, Defendants had actual notice of the fact of a snow fall and constructive notice that the snow and ice accumulated on improperly cleared sidewalks would develop into hills and ridges. 35. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiffs specifically deny that such negligence was not a factual cause of the accident and Plaintiffs injuries. To the contrary, all of the injuries and damages alleged in Plaintiffs Complaint were solely and proximately the factual cause of the accident and Plaintiffs' injuries. 36. Denied. Plaintiffs specifically deny that Plaintiffs injuries were pre-existing. To the contrary, the damages suffered by plaintiffs was solely and proximately caused by the negligence of Defendants named therein. 37. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent, however, a reply may be required Plaintiffs specifically deny that Plaintiffs in any way failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place, and further deny that they in any way failed to mitigate the damages asserted. To the contrary, Plaintiffs have taken every reasonable measure to mitigate their damages. 38. Denied. Answering Plaintiffs are advised by counsel and, therefore, aver that the allegations contained in the corresponding paragraph of the Defendants' New Matter are automatically deemed denied as conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at trial, if material. To the extent however a reply may be required Plaintiffs specifically deny that their Complaint fails to state a cause of action upon which relief can be granted. On the contrary, Plaintiffs' Complaint sets forth each and every allegation necessary to sustain their cause of action. WHEREFORE, Plaintiffs Kathy Smith and Curtis Smith hereby demand judgment in their favor and against Defendants Defendant Rovegno's of Carlisle, Inc. and Richard L. Rovegno in an amount which exceeds the jurisdictional limit requiring arbitration referral by local rule in compensatory damages plus punitive damages, interest, costs and such other remedies as this Court may deem just and reasonable. Respectfully Submitted, GRAHAM & MAUER, P.C. By: O Stacy J. ckerbocker, Esquire Attorney for Plaintiff Date: July 5, 2011 VERIFICATION I, Kathy Smith, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Kathy Smith VERIFICATION I, Curtis Smith, hereby state that I am the Plaintiff in this Action and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Curtis Smith •, JOHNSON, DUFFI , STEWART & WEIDNER By: Jefferson J. ?hipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 1 043-0109 (717) 761-4540 jjs@jdsw.com Attorneys for Defendants KATHY SMITH and CURTIS SMITH, IN THE COURT OF COMMON PLEAS OF h/w : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v.l NO. 11-3777 Civil ROVEGNO'S F CARLISLE, INC. and CIVIL ACTION - LAW O RICHARD L. R VEGNO, Defendants JURY TRIAL DEMANDED CER TIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 ? TO: Kathy S mith and Curtis Smit +C C:J h Lv ` ` c/o Stacy J. Knickerbocker, Esquire Graham Mauer, P.C. = The Co mons at Valley Forge Suite 7, ox 987 Valley Fo rge, PA 19482 As a pre requisite to service of a subpoena for documents and things pursuant to Rule 4009.22, D efendant hereby certifies that: (1) A I,Notice Of Intent To Serve A Subpoena, with copies of the subpoenas attached theret?' was mailed, via Certified Mail, or delivered to each party at least twenty days prier to the date on which the subpoenas were sought to be served; (2) AI copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) N?o objection to the subpoenas has been received; and (4) TII a subpoenas to be served are identical to the subpoenas attached to the Notice Of I tent. II', JOHNS DUFFIE, STEWART & WEIDNER By:? J erson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: July 2011 Counsel for Defendants CERTIFICATE OF SERVICE I hereby) certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class postage prepaid, in Lemoyne, Pennsylvania, on July 2011: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, ox 987 Valley Forge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDNER t Ff By:-.. J erson J. Shipman JOHNSON, DUFF?E, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 117043-0109 (717) 761-4540 jjs@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and RICHARD L. OVEGNO, Defendants CE OF INTENT AND THINGS F TO: Kathy S ith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 CIVIL ACTION - LAW JURY TRIAL DEMANDED RY TO 4009.21 PLEAS TAKE NOTICE that Defendant intends to serve three (3) subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in Which to file of records and serve upon the undersigned objections to the subpoenas. If no objections are made, the subpoenas may be served. Date: June JOHNS =i!7 WART & WEIDNER By. .0-r Je rson J. Shipman, Esquire Attorney I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 12011 Counsel for Defendants CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, first class postage prepaid, in Lemoyne, Pennsylvania, on June 2011: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley F rge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDNER By: fferson J. Shipman Kathy Smith and Curtis Smith, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiffs File No.11-3777 vs Rovegno's 'of Carlisle, Inc., and Richard L. Rovegno, : Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hartford Financial Services Group (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: Complete claims files including medical records pertaining to Claim Nos. YKZ67838L 6120110 YLT77816C (3119109) regarding Kathv Smith DOB: 10122/64 SSN:1171-54-6038 at You ma deliver or mail legible copies of the documents or produce things requested by this subpoena, toget er with the certificate of compliance, to the party making this request at the address listed above. Y )u have the right to seek in advance the reasonable cost of preparing the copies or producing the thi gs 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 SUBPOE NAME: ADDRESS: WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ATTORNEY FO Jefferson J. Shipman. Esauire TELEPHONE: 11 1 SUPREME COURT T ID #: 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: Pr otary/Clerk, ivil Division Deputy DATE: Le - L-LIL Seal-of th Court (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and (Curtis Smith, Plaintiffs File No. 11-3777 vs. Rovegno's of C rlisle, Inc., and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: S (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: Complete claims file including medical records pertaining to Claim No. 06553905 8127109 re ardin Kathy Smith DOB: 10122164 ecs?- at 109. Lemovne. PA 1 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, toe party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPO NAME: ADDRESS: WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: TELEPHONE: SUPREME COURT ID #: ATTORNEY FO : Jefferson J. Shioman. Esouire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: ?2? - Prothon terk, Civil ivision Deputy DATE: Seal of th • Court (Eff. 7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and (Curtis Smith, Plaintiffs File No. 11-3777 vs. Rovegno's of C rlisle, Inc., and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Yellow Bkeeches Familv Practice (Name of Person or Entity) Within enty (20) days after service of this subpoena, you are ordered by the court to produce the following doc ments or things: All medical records, reports, office notes, correspondence, diaanostic tes results from 111105 throuah the present date reaardina Kathv Smith at You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, toe 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 FO : Jefferson J. Shipman. Esauire 301 Market Street Lemovne. PA 17043 717-761-4540 51785 Defendants BY THE COURT: Proth L * / erk, Civj Division DATE: ? Vf` Seal of th Court Deputy (Eff. 7197) • -OFF HCE 1"OTiICINOTA 2011 AUr 24 AM I I : I ? CUMBERLAND COUNTY JOHNSON, DUFFIE, STEWART & WEIDNERPEI`msyLVANIA By: John A. Lucy I . D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendants in the above-captioned matter. Respectfully JOHNSON, DUFFIE, $TR ART & WEIDNER Date: August 23, 2011 456129 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Z by, Esquire . No. 203948 301 arket Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants CERTIFICATE OF SERVICE AND NOW, this 23rd day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 JOHNSON, DUFFTE, STEWART &A4EMNER By: John A GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire . Attorney I.D. 64483 ) Cz -.a ?' By: Stacy J. Knickerbocker ,n 03 c Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 mac, Valley Forge, PA 19482 (610)933-3333 57, CJ 3 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 11-3777 Civil vs. ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants NOTICE OF DEATH •i,y ` cw? The Death of Curtis Smith, a parry to the above action, during the pendency of this action is noted upon the record. Respectfully Submitted, GRAHAM & MAUER, P.C. By: f. L' p ?' - Stacy J. -ickerbocker, Esquire Date: January 19, 2012 Attorney for Plaintiffs GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs :NO. 11-3777 Civil vs. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 20th day of January, 2012, a true and correct copy of the within Notice of Death was sent by first class, postage prepaid US Mail to the following: John A. Lucy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 GRAHAM & MAUER, P.C. By: ?At. i Stacy J. erbocker Attorney for Plaintiffs JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 In TO: Kathy Smith and Curtis Smith `Y' c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 - : rv Valley Forge, PA 19482 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 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil twenty 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) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived by Plaintiffs' counsel; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. By: Date: March Z? , 2012 NSON, DU,FFIE, STEWART & WEIDNER Jfi . Lucy, Esquire arket Street remoyne, ey I. D. No. 203948 0. Box 109 PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 PLEASE TAKE. NOTICE that Defendant intends to serve three (3) subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon dersigned objections to the subpoenas. If no objections are made, the subpoe s may )be served. , DUFjFIE, STEWART & WEIDNER Date: March ')( , 2012 JdW. Lucy, Esquire rney I.D. No. 203948 01 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, h/w Plaintiffs vs. File No. 11-3777 Rovegno's of Carlisle, Inc. and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walmart (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: All records, reports, payment or settlement records, and any other records addressing a slip and fall incident re_cardin_- Kathy Smith (maiden name Losh) DOB: 10122164 SSN: 171-54-6038 at Johnson, Duffle, 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 making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendant BY THE COURT: - Prothonotary/Clerk, Civil Division DATE: sl?il Seal o ttie C:ourt' Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, h/w Plaintiffs vs. File No. 11-3777 Rovegno's of Carlisle, Inc. and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Weis Markets, Inc. (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: All records, reports, payment or settlement records, and any other records addressing a slip and fall incident regarding Kathy Smith (maiden name Losh) DOB: 10122164 SSN: 171-546038 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 making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendant BY THE COURT: Prothonotary/ erk, Civil Division U DATE: 31U Seal of the Court Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, h/w Plaintiffs vs. File No. 11-3777 Rovegno's of Carlisle, Inc. and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Old Country Buffet (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: All records, reports, payment or settlement records, and any other records addressing a slip and fall incident that occurred on or about June 20, 2010 reQardin4 Kathy Smith DOB: 10122164 SSN: 171-54-6038 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 making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: TELEPHONE: SUPREME COURT ID #: ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendant BY THE COURT: Prothonotary/Clerk, Civil Division DATE: '3 / ('0-// - g Seal of the Court Deputy (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, first class postage prepaid, in Lemoyne, Pennsylvania, on March'' , 2012: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kristine . Trogner, Paralegal CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, first class postage prepaid, in Lemoyne, Pennsylvania, on March, 2012: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDNER i By: Kristine R. jp6gner, Paralegal JOHNSON, DUFFIE, STEWART & WEIDNER Attorneys for Defendants By: John A. Lucy, Esquire I.D. No. 203948 ``` ` ' `?''? 301 Market Street ' P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, IN THE COURT OF COMMON PLEAS OF h/w, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, : Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 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 days prior to the date on which the subpoenas were sought to be served; 496705 (2) A copy of the Notice of Intent including the proposed subpoenas, is attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day waiting period for objections was waived by Plaintiffs' counsel; and (4) The subpoenas to be served are identical to the subpoenas attached to the Notice Of Intent. P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: June, 4, 701 Counsel for Defendants JOHNSON, DUFFIE, STEWART & WEIDNER By: John y, Esquire r I.D. No. 203948 Market Street 496705 JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948. 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com Attorneys for Defendants KATHY SMITH and CURTIS SMITH, IN THE COURT OF COMMON PLEAS OF h/w, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 PLEASE TAKE NOTICE that Defendant intends to serve three (3) subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve up the undersigned objections to the subpoenas. If no objections are made, the subpo nas ma be served. JOHVtON, DU IE, STEWART & WEIDNER .r ' By: /Z / Date: May /7 2012 J06 , Esquire ?kttor e .D. No. 203948 30 Market Street P O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants 496696 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHY SMITH and CURTIS SMITH, h/w, . Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Arbv's (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: Cowes of attendance records/time sheets from 10/21109 to 1/21/10 (see attached), regarding Kathy Smith DOB: 10122/64 SSN: 171-54-6038. at Johnson, Duffle, 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 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, tie 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: DATE: / / Seal o. the Court John A. Lucv. Esouire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendants BY THE COURT: Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) 496695 Emplq?w , T Adam Treyu 6W 31 didaBouda 1796M 1967. Chmtl Moiyyr 18268114 Cc" Reed 18866335 10 Daialm Cyr 18748254 &483. Kbow Sm1h 171546M . 3363 1 ' Megan Darn 20270318 8 .! . :; Twa,v Sim 1739M 4 j: Tina Tam6con "" 1676fiZri9 ""777 5.217 s vbwDyhmft O 161323M EM 3.133 1 '. wu m Dwaa 08576738 7.933- 6, ? Pail 0 CFierge Empbyee + .. VA 3 . Timecard Igor. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record, by depositing the same in the United States Mail, certified, first class postage prepaid, in Lemoyne, Pennsylvania, on May 17 , 2012: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 X?HNSON, DUI?FIE, STEWART & WEIDNER By: Jo wAylCucy 496696 TO:917177613015 P.2 JOHNSON, DUFFLE, STEWART & WEIDNER By: John A. Lucy I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@_jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. Attorneys for Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Stacy J. Knickerbocker, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the records of the following providers: (1) Arby's, for Copies of attendance records/time sheets from 10/21/09 to 1/21/10. Date: 5 22 1Z By Stac . Knickerbocker, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy, Esq. I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com I• IL a-OFFICE OF THE PlOrTHONOTARY 2012 JUL 13 AM 11: 55 0lI N'ENSYLVANI,A TY KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. Attorneys for Defend IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA IA NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.2 TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 As a prerequisite to service of a subpoena for documents and things pursuant Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the su attached thereto, was mailed, via Certified Mail, or delivered to each party at lea twenty 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, attached to this Certificate; (3) No objection to the subpoenas has been received; the twenty day period for objections was waived by Plaintiffs' counsel; and (4) The subpoenas to be served are identical to the subpoenas attached the Notice Of Intent. JOHNSON, DUFRE, STEWART & WEIDNER By: r JohnIvy cy, EsAdire 1. D. N(6. 203948 01 MarlNWL %J et P. 0` 2 x 109 l efrioyne, PA 17043-0109 .t+^ ?-' FTelephone (717) 761-4540 Date: July, 2012 Counsel for Defendants JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy, Esq. I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and RICHARD L. ROVEGNO, Defendants Attorneys for IN THE COURT OF COMMON PLEAS 01 CUMBERLAND COUNTY, PENNSYLV* NO. 11-3777 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Kathy Smith and Curtis Smith c/o Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 PLEASE TAKE NOTICE that Defendant intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file of records and serve upon the undersigned objections to the subpoena. If no objections are made, the subpoena may be served. JOHNSON, DUFFIE, STEVy&RT & WEIDNER Date: June 2J, 2012 By: rox cy, Esquire I.D. No. 203948 ket Street 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, Plaintiffs File No. 11-3777 vs. Rovegno's of Carlisle, Inc., and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records, reports, office notes, correspondence DOB: 10122164 SSN:171-54-6038 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 th subpoena, together with the certificate of compliance, to the party making this request at the addre; listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day, 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 #: ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemovne, PA 17043 717-761-4540 203948 Defendants BY THE COURT: DATE: )o 11") Seal of the Court u ? AP-1 Prothonotary/Clerk, Civil Division U Deputy (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, Plaintiffs vs. Rovegno's of Carlisle, Inc., and Richard L Rovegno, Defendants File No. 11-3777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Walnut Bottom Radiology (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: All medical records, reports, office notes, correspondence, diagnostic test results, includina films of x-rays and MRI's reciardina Kathy Smith DOB: 10122164 SSN:171-54-6038 at Johnson, Duffle, 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 1 subpoena, together with the certificate of compliance, to the party making this request at the addrf listed above. You have the right to seek in advance the reasonable cost of preparing the copies producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day 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 ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendants BY THE COURT: DATE: -) !o 1.1)_ Seal of the Court ?a?,?d D?ta>P ?a ProthonotaryiClerk, Civil Division Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Kathy Smith and Curtis Smith, Plaintiffs File No. 11-3777 vs. Rovegno's of Carlisle, Inc., and Richard L. Rovegno, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All medical records, reports, office notes, correspondence, diagnostic test results, including films of x-rays and MRI's rwarding Kathy Smith DOB: 10122164 SSN: 171-54-6038 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 th subpoena, together with the certificate of compliance, to the party making this request at the addre: listed above. You have the right to seek in advance the reasonable cost of preparing the copies i producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) day, 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 #: ATTORNEY FOR: John A. Lucy, Esquire 301 Market Street Lemoyne, PA 17043 717-761-4540 203948 Defendants BY THE COURT: DATE: Seal of the Court v 'd -D . '&u Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy, Esq. I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH and CURTIS SMITH, h/w, Plaintiffs V. ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION - LAW RICHARD L. ROVEGNO, Defendants JURY TRIAL DEMANDED WAIVER OF 20-DAY SUBPOENA OBJECTION PERIOD I, Stacy J. Knickerbocker, Esquire, agree to waive the 20-day objection period the notice of intent to subpoena the records of the following providers: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorneys for NO. 11-3777 Civil (1) Hershey Medical Center; (2) Walnut Bottom Radiology; and (3) Carlisle Regional Medical Center. Date: -Su?' 5 gal z By: Knickerbocker, Esq. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served u the following counsel of record, by depositing the same in the United States Mail, class postage prepaid, in Lemoyne, Pennsylvania, on July, 2012: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 JOHNSON, DUFFIE, STEWART & WEIDN /V / d? - . - fi, (' h., By: Kel Nelson, Paralegal to John A. Lucy, Esq. KATHY SN9ITH and CURTIS SMITH, w/f: Plaintiffs VS ROVEGNO''S OF CARLISLE, INC'., and RICHARD L. ROVEGNO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY LVAN~ ~ ~° 11-3777 CIVII~ ACTION -~,~ ^' _~ ~;--:-~ ~ xM .C J F-r~ cn ~ 1 ~~' x> c ~ ~ r~ = _.._ ~ :, IN RE: STATUS CONFERENCE ~"'~ ~ ~-~ -V-i C7 ORDER OF COURT AND NOW, thi:~ 25th day of October, 2012, a status conference was held in the jury deliberation room of Courtroom No. 6. Present on behalf of 1?laintiffs wa:~ Stacy J. Knickerbocker, Esquire, and on behalf of Defendants was John A. Lucy, Esquire. After discussions with counsel,. the following deadlines are set in advance of bringing this case to trial: 1. Discovery is to be complete by 31 Decemk>er 2012. 2. Any dispositive motions that are going to be filed shall be filed by 28 January 2013 for argument on the 15t:h February 2013. 3. Trial is projected for the May term which requires either side to list the case by the 2nd of April 2C13 with the call of the list being the 23rd of April 2013 and the first day of the term being 20 D4ay 2013. No further relief is granted at this time. However, if the parties desire the Court to direct them towards mediation, they should file a separate motion to do so. ~--''. ~~~ ~. _s _: .,_ _-~ /~ Thomas A. acey, C.P.J.. / Stacy ~T. Knickerbocker, F;squire /For thE~ Plaint:if f s John A. Lucy, Esquire For the Defendants Court Administrator_ :mlc APR ,15=LD013 15: 13 FROM: TO:917177613015 P.2 FILED-OFFICE GRAHAM&MAUER, P.C. is E PROTHONOTARY By: Ronald M. Graham, Esquire 2013 MAY —8 AM I I: 13 Attorney I.D. 64483 By: Stacy J. Knickerbocker CUMBERLAND COUNTY Attorney I.D. 94819 PE�d�SYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs :NO. 11-3777 Civil vs. ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants ARBITRATION AGREEMENT It is hereby agreed between counsel for Plaintiff and counsel for Defendants that the above captioned matter be placed in to Arbitration. Stacy J. ckerbocker, Esquire "DateJ66 ucy, Esq uire Date Counsel for Plaintiffs or Defendants Graham&Mauer,P. C. Jo on,Duffie, Stewart& Weidner Suite 7, PO Box 987 3 Market Street Valley Forge,PA 19482 P Box 109 Lemoyne,PA 17043-0109 F F F " GRAHAM&MAUER, P.C. OF �'PUfUP;J{�5 .'t, By: Ronald M. Graham, Esquire Attorney I.D. 64483 By:By: Stacy J. Knickerbocker CUMBERLAND COUNTY Attorney I.D. 94819 PENNSYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. I1-3777 Civil vs. ROVEGNO'S OF CARLISLE,-INC. and : CIVIL ACTION -LAW RICHARD L. ROVEGNO Defendants ORDER AND NOW,this 1 t �> day of " , 2013, upon consideration of Plaintiff s request to remove the case from the Trial List and move it to the Arbitration List, it is hereby ORDERED that this matter be removed from the Trial List and placed on the Arbitration List. , BY THE COURT- (201z es 1'Yj�.t J• Thomas A.Pkacey I Common Pleas Judge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Kathy Smith and Curtis Smith w/h : Plaintiff vs No. 11-3777 Civil Term Rovegno's of Carlisle, Inc. and Richard L. Rovegno : Defendant Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the folloTpg PETITION FOR APPOINTMENT OF ARBITRATORS m tM� t�ls © C�_ TO THE HONORABLE,THE JUDGES OF SAID COURT: Stacy J. Knickerbocker d -' r-.�> counsel for the plaintiff/die t-in the above action (or actions), respectfully rep r tKat: 1. The above-captioned action (or actions) is(are)at issue. 'Is p "'CFN 2. The claim of plaintiff in the action is$ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators:Stacy J. Knickerbocker, Esquire, Ronald M. Graham, Esquire, John A. Lucy, Esquire and Jefferson J. Shipman, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, 20 in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions)as prayed for. By the Court, KEVEN A HESS, P.J. w --fie'- ICE O THE i"ROTHONOTAi;'': GRAHAM &MAUER, P.C. By: Ronald M. Graham, Esquire 2013 MAY 20 PM 3' 06 Attorney I.D. 64483 CUMBERLAND COUNTY By: Stacy J. Knickerbocker PENNSYLVANIA Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs : NO. 11-3777 Civil vs. ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants CERTIFICATE OF SERVICE 1, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 17" day of May, 2013, a true and correct copy of the within Petition for Appointment of Arbitrators was sent by first class, postage prepaid US Mail to the following: John A. Lucy, Esquire Johnson,Duffle, Stewart& Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 GRAHAM & MAUER, P.C. By: 1 Stacy J.Wickerbocker Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Kathy Smith and Curtis Smith w/h : Plaintiff • vs No. 11-3777 Civil Term • Rovegno's of Carlisle, Inc. and Richard L. Rovegno Defendant • • Rule 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the follo jg Tv w t PETITION FOR FOR APPOINTMENT OF ARBITRATORS "rn -^ N p + y, C7 a C TO THE HONORABLE,THE JUDGES OF SAID COURT: Stacy J. Knickerbocker ,4° ° -7, ,counsel for the plaintiff/ tin the above action (or actions), respectfully repry s tha :• 1. The above-captioned action (or actions) is(are)at issue. c r- � � f 2. The claim of plaintiff in the action is$ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit as arbitrators:Stacy J. Knickerbocker, Esquire, Ronald M. Graham, Esquire, John A. Lucy, Esquire and Jefferson J. Shipman, Esquire WHEREFORE,your petitioner prays your Honorable Court to appoint three(3) arbitrators to whom the case shall be submitted. Respectfully submitted, au\ co'Sxtiti ORDER OF COURT eAc.,41 p 79 AND NOW, //l a3 20/3 , in consideration of the foregoing petition, � " _ ,, �� Esq., and 1W02'L Esq., and r�.tva.� � 11/yn lj Esq., are appoin ed arbitrators in the above captioned action (or actions)as prayed for. vii�' i1�l$ 3Ud BytheCourt, .` %,•! n"J O '1'83 3W113 des, Et) o> WV CZ A C DZ KEVEN;14A .J. c„. Qr f , {a� 4, A- Lary , y Clopt'e5 0r.“14 .SA)P3/13 KATHY SMITH and CURTIS IN THE COURT OF COMMON PLEAS OF SMITH, CUMBERLAND COUNTY, PENNSYLVANIA: Plaintiffs vs. CIVIL ACTION—LAW NO. 11-3777 CIVIL ROVEGNO'S OF CARLISLE, INC. : and RICHARD L. ROVEGNO, Defendants ORDER AND NOW, this 3) ' day of May, 2013, the appointment of Stephen Tiley, Esquire, as Chairman of the.Board of Arbitrators in the above-captioned case is VACATED. Debra K. Wallet, Esquire, is appointed in his place. BY THE COURT, Kevi . Hess, P. J. /Debra K. Wallet, Esquire Court Administrator :rlm �P�G'S ..1e v1�31J�� j { Cn-'i. OF T1 PROT HONOTAR'i ?313 JUrj 19 PM 2: 23 ;UMBERLANO COUNTY PENNSYLVANIA JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendants By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal @jdsw.com KATHY SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and CIVIL ACTION — LAW RICHARD L. ROVEGNO, JURY TRIAL DEMANDED Defendants STIPULATION TO AMEND CAPTION AND NOW, It is hereby stipulated by and between the parties that the above- captioned captioned is amended and should now be read as follows: KATHY SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 11-3777 Civil RICHARD L. ROVEGNO d/b/a CIVIL ACTION — LAW ROVEGNO PROPERTIES, JURY TRIAL DEMANDED Defendant ;t It is hereby agreed to and stipulated that the above-captioned Stipulation shall not change the legal rights of the parties and that coverage is still extended to Richard L. Rovegno and Rovegno Properties under this matter. GRAHAM & MAUER, P.C. JOHN ' N, DUF IE, STEWART & 7WEI NER BY: Y: Stacy J. nickerbocker, Esquire JohnAl. Lucy, Esquire Attorney I.D. No. 94819 Atto -ey I.D. No. 203948 The Commons at Valley Forge 30 arket Street Suite 7, Box 987 P.10. Box 109 Valley Forge, PA 19482 Lemoyne, PA 17043-0109 Telephone: (610) 933-3333 Telephone: (717) 761-4540 Counsel for Plaintiff Counsel for Defendant 553660 2 k _{, CERTIFICATE OF SERVICE AND NOW, this Xr day of c').74\e- , 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Stipulation to Amend Caption upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Stacy J. Knickerbocker, Esquire Graham & Mauer, P.C. The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 Counsel for Plaintiff JO SON, DUF IE, STEWART &WEIDNER i Y: h ucy tt e+js In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No.11 t - 3"f 3 Qove!WD's of UrUSl e_ :r/t. a.l. Defendant 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 of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature cnat re i-nature Nbr& k. Wta\lat �v'�SoN �E (L2y oe l�. s�r#so,7r Name (Chairman) Name Name W nf+ees *,C U1W)c UA Ian r--IM 4 �)n6 4c-u ? 10N.M,4-11 1-0,014cl Law Firm Law Firm nn Law Firm 10 3 S K"ex 10 t 2 �� /� 24 ti. 3.a A. Sr. L-3 02h�Ltis�vn� Q4 17613 33� h1wate Kcp Address Address Address E117i4 Pat-1 (� o�J_n d� r6V,-?& vY3 .�l City, Zip Cis q, Zip City, ip Award We, the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the following award: (1I ote: If damages for delay are awarded;they shall be separately stated.) QA ins 4%e Li 4'ha Ae FrA &.,A=s AaA 9%41-43 t' AR, 10k-w1;rr . _.. . -. _......-_.., bitrator;dissents:-(-Insert-name-if applicable-)-_ . Date. of Hearing: P#,S. 6, 203 4e.Q&m4"' (Chairman) Date of Award:,,• lo, a*o -... . .= Notice of Entry of Award Now; the (o 4414- day of 20 /3 at �2'1-17 K. the above award was entered upon the docket and notice the oT given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S "4111a � y: Prothono ary Depnry �r I rf x;)�7.d�aY •.)'..;� �����`�i,�'^�♦ 'C't: r{. e i+ i Ei.di i { INN PRA liLON0 x, € � 19013 AUG -G Pry t 4 7 CUMBERLAND COUNT) PENNSYLVANIA � ,��-„�, E ;� ` �-•,,. JUG!�t � --- .t t� AfI,Y ��50t �.•:Y�"''1 `�� .:.fit!;1�hiSr}l�u"J���� � � l..f/(i F $�, f p }, 9 • �,} -d'e:' r.�1 a �} .�' ,CT;¢yt:r�42'#' .•': .< :,AR.t, .t�, •,f-:;E -"'• i,si f ` .w ���'�r,�i is +e._ �,e`,A�i�M 6 as r:�.w•r r F� n r�.�.� •9 . ' • jam. �t 1 IN THE COURT OF COMMON PLEAS KATHY SMITH CUMBERLAND COUNTY,PENNSYLVANIA VS Noll-3777 -.{ RICHARD L.ROVEGNO d/b/a ROVEGNO PROPERTIES _C7a {r, NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Kathy Smith appeals from the award of the board of arbitrators entered.in this case on August 6, 2013 A jury trial is demanded El. (Check bog if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 71. the compensation of the arbitrators has been paid,or ❑2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant ttorney for Appellant NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. 0 GRAHAM&MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Stacy J. Knickerbocker Attorney I.D. 94819 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 11-3777 Civil VS. ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants CERTIFICATE OF SERVICE 1, Ronald M. Graham, Esquire, do hereby certify that on this 23`d day of August, 2013, a true and correct copy of the within Notice of Appeal from Award of Board of Arbitrators was sent by first class,postage prepaid US Mail to the following: John A. Lucy, Esquire Johnson, Duffie, Stewart&Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 GRAHA & MAUER,P.C. By: Ronald i m Attorney lAlaintiff FILED-OFFICE GRAHAM&MAUER, P.C. + . 'I � � , Attorney for Plaintiff By: Stacy J. Knickerbocker 2013 SEP Attorney I.D. 94819 3. PM 1: 56 The Commons at Valley Forge CU6�pRLAND COUNTY Suite 7, Box 987 PENNSYLVANIA Valley Forge, PA 19482 (610)933-3333 KATHY SMITH : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 11-3777 Civil VS. RICHARD L. ROVEGNO d/b/a : CIVIL ACTION - LAW ROVEGNO PROPERTIES Defendant ' PRAECIPE FOR WITHDRAWAL OF APPEARANCE PROTHONOTARY: Kindly withdraw Stacy J. Knickerbocker, Esquire as attorney for Plaintiff Kathy Smith in the above captioned matter. GRAHAM & MAUER, P.C. By. / Stacy J� ickerbocker, Esquire Date: August 29, 2013 Attorney for Plaintiff 1.4 r"XED-OFFICE' GRAHAM& MAUER, P.C. OF. ]"HE PRO fHO 0 TA R Y By: Ronald M. Graham, Esquire .2013 SEP Attorney I.D. 64483 3 Pty 1: 56 By: Stacy J. Knickerbocker CUMBERLAND COUNTY Attorney I.D. 94819 PENNSYLVANIA The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH and CURTIS SMITH, w/h : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : NO. 11-3777 Civil VS. ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION- LAW RICHARD L. ROVEGNO Defendants, CERTIFICATE OF SERVICE I, Stacy J. Knickerbocker, Esquire, do hereby certify that on this 29th day of August, 2013, a true and correct copy of the within Praecipe for Withdrawal of Appearance was sent by first class,postage prepaid US Mail to the following: John A. Lucy, Esquire Johnson, Duffie, Stewart& Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 GRAHAM & MAUER, P.C. By: Stacy J. 1jickerbocker Attorney for Plaintiff s iw KiNO TARY °` 7kr 2: 32 ,Nt COUNTY JOHNSON, DUFFIE, STEWART&WEIDNER Attorneys for Defendant By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street, P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal @jdsw.com KATHY SMITH, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. • NO. 11-3777 Civil RICHARD L. ROVEGNO d/b/a • CIVIL ACTION — LAW • ROVEGNO PROPERTIES, • JURY TRIAL DEMANDED • Defendant MOTION OF DEFENDANT, RICHARD L. ROVEGNO d/b/a ROVEGNO PROPERTIES, FOR STATUS CONFERENCE AND NOW, comes the Defendant, Richard L. Rovegno d/b/a Rovegno Properties, by and through his counsel, Johnson, Duffie, Stewart & Weidner, and files the following Motion for Status Conference by stating the following: 1. This case arises out of an alleged slip and fall incident which occurred on December 21, 2009, at a commercial property owned by the Defendant, Richard L. Rovegno. 2. This action was commenced by Complaint dated April 15, 2011, and filed on April 18, 2011. 3. Defendant's Answer and New Matter was filed on June 15, 2011. t 4. At this time, the pleadings are closed. 5. On or about August 6, 2013, the parties engaged in compulsory mediation through the county. 6. On the same date, the Arbitrators entered an Award in favor of the Defendant, and against Plaintiff. 7. On or about August 23, 2013, counsel for the Plaintiff filed an Appeal to this Award. 8. At this time, the Defendant desires to schedule a Status Conference in order to set deadlines for discovery, expert reports, and depositions and ultimately schedule the matter for trial. 9. Defendant would have no objection to Plaintiffs counsel participating in this Status Conference via telephone, if the court so desires. 10. A previous Status Conference was held on October 25, 2012, with the Honorable Thomas A. Placey upon the request of the Plaintiff. WHEREFORE, Defendant, Richard L. Rovegno d/b/a Rovegno Properties, respectfully requests this Honorable Court enter an Order scheduling a Status Conference. Respey ully sub itted, JOHNSON, D FF , STEWART & WEIDNER BYE 4 John . Lucy, Esquire (ID No. 203948) 301 arket Street, P. O. Box 109 Le► oyne, PA 17043-0109 Te ephone (717) 761-4540 Counsel for Defendant, Richard L. Rovegno d/b/a Date: January 23, 2014 Rovegno Properties 602051 3 K Y CERTIFICATE OF SERVICE AND NOW, this 23rd day of January, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Motion of Defendant, Richard L. Rovegno d/b/a Rovegno Properties, for Status Conference upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road Suite 7, Box 987 Valley Forge, PA 19482 Counsel for Plainti JOHN •N, DUFFIE, S ' WART & WEIDNER BY: A John A. Acy T KATHY SMITH, Plaintiff " � ' ,ail l r` . I:1 Ili, 01 I v. Count?of QCumberlanb IN THE COURT OF COMMON PLEAS RICHARD L. ROVEGNO d/b/a OF THE NINTH JUDICIAL DISTRICT ROVEGNO PROPERTIES, Defendant 2011-03777 CIVIL TERM IN RE: MOTION OF DEFENDANT, RICHARD L. ROVEGNO d/b/a ROVEGNO PROPERTIES, FOR STATUS CONFERENCE • , ORDER OF COURT AND NOW, this- day of January 2014, upon consideration of the Motion of Defendant, Richard L. Rovegno d/b/a Rovegno Properties, For Status Conference, and it appearing that Defendant failed to seek concurrence of opposing counsel in accordance with C.C.R.P. 208.3(a)(9), a RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiffs and shall file proof of service. RULE RETURNABLE twenty (20) days from the date of service. B - ! - ' Thomas A. Placey C.P.J. Distribution List: c _ John A. Lucy, Esq. ri Ronald M. Graham, Esq. ;-, . CO e ft CS �M&L yS.0 (V r 36//y �1 P '11-1\.-:: 21 PM 1: I 1 CUI,I5ERLAND COOP( ENNS INAN JOHNSON, DUFFIE, STEWART & WEIDNER By: John A. Lucy, Esquire I.D. No. 203948 301 Market Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jal@jdsw.com KATHY SMITH, Attorneys for Defendant • IN THE COURT OF COMMON PLEAS OF • • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 11-3777 Civil RICHARD L. ROVEGNO d/b/a CIVIL ACTION — LAW ROVEGNO PROPERTIES, JURY TRIAL DEMANDED Defendant DEFENDANT'S PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Richard L. Rovegno d/b/a Rovegno Properties, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and hereby requests that this Honorable Court make absolute the Rule issued on January 30, 2014, and in support thereof, represents as follows: 1 On or about January 23, 2014, Defendant filed a Motion for Status Conference requesting a Status Conference to discuss scheduling deadlines and trial. 2. On or about January 30, 2014, The Honorable Thomas A. Placey issued an Order of Court and Rule to Show Cause as to why a Status Conference should not be scheduled. (See Order attached hereto as Exhibit "A ") 3. The Rule to Show Cause was returnable within twenty (20) days from the date of service. 4. As the date for service of a Response has expired, and no party has objected to the Status Conference, it is hereby requested that this Honorable Court schedule a Status Conference to discuss the above issues. WHEREFORE, your Honorable Court is respectfully requested to make the Rule absolute, and to schedule the Status Conference at the Honorable Court's discretion. Date: March , 2014 Respec Ily submitted, JO SON, DUFFI , STEWART & WEIDNER 2 John A. " ucy, Esquire Attor -y I.D. No. 203948 301 arket Street P. O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Counsel for Defendant, Richard L. Rovegno d /b /a Rovegno Properties KATHY SMITH, Plaintiff V. RICHARD L. ROVEGNO d /b /a ROVEGNO PROPERTIES, Defendant Comp of Cnmbtr(nnb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2011 -03777 CIVIL TERM IN RE: MOTION OF DEFENDANT, RICHARD L. ROVEGNO d /b /a ROVEGNO PROPERTIES, FOR STATUS CONFERENCE `4AA, ORDER OF COURT AND NOW, this day of January 2014, upon consideration of the Motion of Defendant, Richard L. Rovegno d /b /a Rovegno Properties, For Status Conference, and it appearing that Defendant failed to seek concurrence of opposing counsel in accordance with C.C.R.P. 208.3(a)(9), a RULE is issued upon Plaintiff to show cause why the relief requested should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiffs and shall file proof of service. RULE RETURNABLE twenty (20) days from the date of service. Thomas A. Placey C.P.J. Distribution List: -`` John A. Lucy, Esq. -- -; ..-. -try rn cc' err Ronald M. Graham, Esq. =rw.,, ca pct,, r� .{� a r� • t 7.r: "Di C. .- r l >cs =: 2c - .. fV 3y CO ; L0 CERTIFICATE OF SERVICE AND NOW, this gii. day of March, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition of Defendant to Make Rule Absolute upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Ronald M. Graham, Esquire Graham & Mauer, P.C. The Commons at Valley Forge 1220 Valley Forge Road Suite 7, Box 987 Valley Forge, PA 19482 Counsel for Plaintiff JOHN BY: N. DUFFI , STEWART & WEIDNER n KATHY SMITH., Plaintiff v. RICHARD L. ROVEGNO d /b /a ROVEGNO PROPERTIES, Defendant ountp of QCumberiana IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2011 -03777 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 2nd day of April 2014, upon consideration of Defendant's Petition to Make Rule Absolute, a STATUS CONFERENCE in the above - captioned case is scheduled to be held on 5 May 2014 at 11:00 a.m., in the jury deliberation room of Courtroom Number Six, of the Cumberland County Courthouse, Carlisle, Pennsylvania Distribution: ;/"�onald M. Graham, Esq. ohn A. Lucy, Esq. BY THE OURT, Thomas Placey C.P.J. GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Whitney S. Graham, Esquire Attorney I.D. 312145 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH. Plaintiff vs. Pf z U:HAY -2 PH 1: 05 eENNSAYL D COUNTY VA NIA CU : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Whitney S. Graham, Esquire, as attorney for Plaintiff Kathy Smith. By: Date: April 29, 2014 GRAHAM & ► AUER, P C. Whitney S. Graham, Esquire Attorney for Plaintiff GRAHAM & MAUER, P.C. By: Ronald M. Graham, Esquire Attorney I.D. 64483 By: Whitney S. Graham, Esquire Attorney I.D. 312145 The Commons at Valley Forge Suite 7, Box 987 Valley Forge, PA 19482 (610)933-3333 KATHY SMITH Plaintiff vs. THE P n 1014 N1A Y —2 Pfi 1: 06 CUMBERLAND PENNSYLYA C0U : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-3777 Civil ROVEGNO'S OF CARLISLE, INC. and : CIVIL ACTION - LAW RICHARD L. ROVEGNO Defendants CERTIFICATE OF SERVICE I, Whitney S. Graham, Esquire, do hereby certify that on this 29th day of April, 2014, a true and correct copy of the within Plaintiff Kathy Smith's Pre -Conference Memorandum and Entry of Appearance for Whitney S. Graham, for Plaintiff, was sent by first class, postage prepaid US Mail to the following: John A. Lucy, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 By: GRAHAM P.C. Whitney S. Graham Attorney for Plaintiff KATHY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 2011-3777 CIVIL TERM RICHARD ROVEGNO, d/b/a ROVEGNO PROPERTIES IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 5th day of May, 2014, status conference was held in the jury deliberation room of Courtroom No. 6 to establish times for the successful conclusion of this case. Following discussions with counsel, the following dates are set as deadlines to allow the case to be tried in the October trial term: 1. Any dispositive motions must be listed and filed for the 15 August 2014 Argument Court. 2. The trial must be listed for trial no later than 8 September 2014 which will give rise to a Call of the Trial List on 30 September 2014, a pretrial on the 15th of October, 2014, and trial on the 27th of October, 2014. 3. This is an appeal out of arbitration which the parties will be enlisting the aid of expert testimony, probably via video, which will make this at least a two-day trial. No further scheduling is done at this time. By the�Court, Thomas Ronald M. Graham, Esquire Whitney S. Graham, Esquire For the Plaintiff john A. Lucy, Esquire For the Defendant Court Administrator _ ld�c.L. nn : ml c 20 /.eS mai s Lam.(, s- tpi Placey, C.P.J. CERTIFICATE � J U:1 13 PM U?: v PREREQUISITE TO SERVICE OF A SUBPOENA f U t�" �'�"N $J C l l A EF�t�SYLV�t�IA PURSUANT TO RULE 4009.22 IN THE MATTER OF: Court of Common Pleas-Cumberland County,PA KATHY SMITH vs. TERM: RICHARD L.ROVEGNO D/B/A ROVEGNO PROPERI'IhS CASE No: 11-3777 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 06/10/2014 RecordTrak on behalf of /S/JOHN LUCY Attorney for Defendant RT#: 266766 RECORDS PERTAIN TO: KATHY SMITH KATHY SMITH : COURT: Court Of Common Pleas-Cumberland County,Pa vs. : TERM: RICHARD L. ROVEGNO D/B/A : DOCKET: 11-3777 ROVEGNO PROPERTIES NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: RONALD GRAHAM GRAHAM&MAUER THE COMMONS AT VALLEY FORGE SUITE 7,P.O.BOX 987 VALLEY FORGE,PA 19482 (610)983-0570 May 19, 2014 Please take notice that on behalf of JOHN LUCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s)attached to this notice. You have until June 9, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made,the subpoena(s)will be served. IF PLAINTIFF'S COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD,PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS,PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY June 9,2014 TO (610)992-1405. All records will be provided(including no record statements)as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia,PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG RECORD CUSTODIAN 1 PINKER&ASSOCIATES 2 YELLOW BREECHES FAMILY MEDICINE Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: Date: FIRM: YES,I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 266766.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHY SMITH V. RICHARD L.ROVEGNO D/B/A ROVEGNO PROPERTIES File No: 11-3777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:PINKER&ASSOCIATES (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: See attached rider. at 651 Allendale Road King of Prussia PA 19406 You may deliver or mail legible copies or 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 may have the right to seek in advance the reasonable cost of preparing copies or producing the things sought If you fail to produce the documents or things required by this subpoena within twenty(20) days afte 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:RecordTrak,JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800l 220-1291 BY THE COURT: Supreme Court ID# Attorney for:Defendant I A /t fl • ►i• ► ► •1I Prothonotary, by (?Q DATE: l�(,� Seal of the Court RE: KATHY SMITH vs. RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES CASE NO. 11-3777 RECORDTRAK FILE#: 266766; TAG 1 LOCATION:PINKER&ASSOCIATES RECORDS PERTAIN TO: KATHY SMITH SS#: ,DOB: X.ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/XX/XX TO PRESENT.. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS, CORRESPONDENCE,RADIOLOGY REPORTS,PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY&RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PAI hNTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERICATION AND RETURN WITH THE RECORDS.************* X.ALL X-RAYS,MRI SCANS,CT SCANS AND CORRESPONDING REPORTS DATED X/XX/XX TO PRESENT.. **PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH.PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING. RT: 266766.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHY SMITH V. RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES File No:11-3777 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:YELLOW BREECHES FAMILY MEDICINE (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: Sec attached rider. at 651 Allendale Road King of Prussia PA 19406 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 lista. above. You may have the right to seek in advance the reasonable cost of preparing 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: RecordTralt,JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800)22j)-1291 BY THE COURT: Supreme Court ID# Attorney for: Defendant 1 �.� �� A Prothonotary AVzi) DATE: Seal of the Court RE: KATHY SMITH vs. RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES CASE NO. 11-3777 RECORDTRAK FILE#: 266766; TAG 2 LOCATION: YELLOW BREECHES FAMILY MEDICINE RECORDS PERTAIN TO: KATHY SMITH SS if: ,DOB: X.ALL MEDICAL RECORDS IN YOUR POSSESSION DATED X/X/XX TO PRESENT.. INCLUDE OFFICE AND HAND WRITTEN NOTES,TEST RESULTS, CORRESPONDENCE,RADIOLOGY REPORTS,PATHOLOGY REPORTS, QUESTIONNAIRES/HISTORY&RECORDS RECEIVED BY OTHER PHYSICIANS. PLEASE ALSO INCLUDE THE PATIENTS INFORMATION SHEET. PLEASE BE SURE TO INCLUDE ALL ARCHIVED RECORDS AND ALL RECORDS LOCATED IN STORAGE. ************PLEASE SIGN THE ATTACHED CERTIFICATION AND RETURN WITH THE RECORDS.************** X.ALL X-RAYS,MRI SCANS,CT SCANS AND CORRESPONDING REPORTSD DATED X/X/XX TO PRESENT.. **PLEASE INCLUDE THE FORMAT FOR THE COPIES;CD OR FILMS AND THE FEE FOR EACH.PLEASE PROVIDE AN INVENTORY OF ALL FILMS,INCLUDING DATES OF STUDY PRIOR TO COPYING.** CERTIFICATE � l( r1 f CJ I r`l r AUG 18 8 PH 1: 27 PREREQUISITE TO SERVICE OF A SUBPOEIS I/ 1Qr �L A t, PURSUANT TO RULE 4009.22 PEp�h S YL RANI r{' y IN THE MA F1ER OF: Court of Common Pleas - Cumberland County, PA KATHY SMITH vs. TERM: RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES CASE No: 11-3777 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. RecordTrak on behalf of JOHN LUCY Defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) No objection to the subpoena has been received or it has been waived, and (3) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date : 08/14/2014 RecordTrak on behalf of /S/ JOHN LUCY Attorney for Defendant RT#: 266766 RECORDS PERTAIN TO: KATHY SMITH KATHY SMITH COURT: Court Of Common Pleas - Cumberland County, Pa vs. TERM: RICHARD L. ROVEGNO D/B/A DOCKET: 11-3777 ROVEGNO PROPERTIES NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS TO: RONALD GRAHAM GRAHAM & MAUER THE COMMONS AT VALLEY FORGE SUITE 7, P.O. BOX 987 VALLEY FORGE, PA 19482 (610) 983-0570 July 24, 2014 Please take notice that on behalf of JOHN LUCY, attorney for Defendant, RecordTrak intends to serve a subpoena identical to the one(s) attached to this notice. You have until August 13, 2014 to file of record and serve upon the undersigned an objection to the subpoena(s). If no objection is made, the subpoena(s) will be served. IF COUNSEL AGREES TO WAIVE THE 20 DAY NOTICE PERIOD, PLEASE INDICATE BELOW AND FAX SAME TO THE UNDERSIGNED AT YOUR EARLIEST OPPORTUNITY. IF YOU WISH TO PURCHASE COPIES OF THE RECORDS, PLEASE CONTACT RECORDTRAK FOR PRICING AND FAX THIS CORRESPONDENCE BY August 13, 2014 TO (610) 992-1405. All records will be provided (including no record statements) as produced by each record location. Daniel Wake 610.354.8348 RECORDTRAK 651 Allendale Road P. O. Box 61591 King of Prussia, PA 19406 LIST OF RECORD CUSTODIANS AND SUBPOENAS TAG 5 RECORD CUSTODIAN WALNUT BOTTOM RADIOLOGY Yes, I would like a copy of all of the records listed above. Yes, I would like specific records I have indicated above. SIGNATURE: FIRM: Date: YES, I AGREE TO WAIVE THE 20 DAY NOTICE PERIOD FOR ALL SUBPOENAS ON THIS NOTICE Signature of Plaintiff's Counsel: Date: FIRM: EMAIL: RT: 266766.5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KATHY S V. RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES File No:11-3777 SkUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: WALNUT BOTTOM RADIOLOGY (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: See attached rider. at 651 Allendale Road Kin of Prussia PA 19406 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 may have the right to seek in advance the reasonable cost of preparing 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: RecordTrak, JOHN LUCY Address: 651 Allendale Road King of Prussia PA 19406 Telephone: (800) 220-1291 Supreme Court ID# Attorney for: Defendant DATE: Seal of the Court q141) BY THE COURT: RE: KATHY SMITH vs. RICHARD L. ROVEGNO D/B/A ROVEGNO PROPERTIES CASE NO. 11-3777 RECORDTRAK FILE #: 266766; TAG 5 LOCATION: WALNUT BOTTOM RADIOLOGY RECORDS PERTAIN TO: KATHY SMITH SS #: , DOB: X . ALL X-RAYS, MRI SCANS, CT SCANS AND CORRESPONDING REPORTS. DATED XX/XX/XXXX TO PRESENT**PLEASE INCLUDE THE FORMAT FOR THE COPIES; CD OR FILMS AND THE FEE FOR EACH. PLEASE PROVIDE AN INVENTORY OF ALL FILMS, INCLUDING DATES OF STUDY PRIOR TO COPYING. * * KATHY SMITH., Plaintiff v. RICHARD L. ROVEGNO d/b/a ROVEGNO PROPERTIES, Defendant Comp of Cumberfoob IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2011-03777 CIVIL TERM IN RE: STIPULATED DEADLINES ORDER OF COURT AND NOW, this 24th day of November 2014, upon consideration of the parties' agreed Stipulated Deadlines, it is hereby ORDERED trial be set in 2015 upon a mutually convenient date later agreed upon by the parties. The Court notes that the trial itself is anticipated to occur over a two-day period. Distribution: Ronald M. Graham, Esq. John A. Lucy, Esq. etOies da/ afri i Pit" 1 A Thomas A. V.I.cey C.P.J. ry. cn C)