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Home My WebLink About12-2376 Cory A. Leshner, Esq. y Attorney ID: 310377 - - 2023 N. 2°d Street, Suite 201 Harrisburg, PA 17102 - 717-909-9999 -- 717-909-9009 (fax) cal%n,corvIeshtier. coin JAMES HERBST AND LILLIE BERRY- HERBST H/W, Plaintiffs IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA V. BOSCOVS, INC., AND BOSCOVS DEPARTMENT STORES, LLC, Defendants No.: /al - Q,37& elv(-l ler#l CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 CD (717) 249-3166 /o3.95 PD Arn/ 01114 a'.2-7383(o Law offices of Cory A. Leshner LLC By: Cory A. Leshner, Esquire PA ID # 310377 2023 N. 2nd Street, Suite 201 Harrisburg, PA 17102 717-909-9999 717-909-9009 (fax) cal@coryleshner.com Attorney for Plaintiffs JAMES HERBST AND LILLIE BERRY- HERBST H/W, Plaintiffs V. BOSCOVS, INC., AND BOSCOVS DEPARTMENT STORES, LLC, Defendants : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: : CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, James Herbst and Lillie Berry-Herbst, by and through their attorney, Cory A. Leshner, Esq., states that they have a cause of action against Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC and in support thereof avers the following: PARTIES 1. Plaintiff, James Herbst ("James"), is an adult individual residing at 2808 Fairview Road Camp Hill, PA 17011, and is the lawful spouse of Lillie Berry-Herbst. 2. Plaintiff, Lillie Berry-Herbst ("Lillie"), is an adult individual residing at 2808 Fairview Road Camp Hill, PA 17011, and is the lawful spouse of James Herbst. 3. Defendant, Boscovs, Inc. ("Boscovs") is a Pennsylvania Domestic Corporation with a principal place of business of 4500 Perkiomen Avenue Reading, PA 19606. 4. Defendant, Boscovs Department Stores, LLC. ("BDS") is a Delaware Limited Liability Company registered to do business in the Commonwealth of Pennsylvania with a principal place of business of 4500 Perkiomen Avenue Reading, PA 19606. Boscovs and/or BDS own, operate, manage, and/or maintain a retail store known as "Boscovs" located at 170 South 32nd Street, Camp Hill, PA 17011. II. JURISDICTION AND VENUE 6. Jurisdiction and Venue is proper in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania in that all events occurred at the Boscovs retail store located in Camp Hill, PA, more specifically described in averment number 5, and the defendants can be served in Cumberland County, Commonwealth of Pennsylvania. III. CHRONOLOGY OF FACTS 7. On or about April 21, 2010 ("date of incident"), Plaintiff, James, was shopping at the Boscovs retail store located at 170 South 32nd Street, Camp Hill, PA 17011. 8. James was upon the premises owned, maintained, operated, and/or managed by Defendants, specifically the outdoor retail area. 9. While walking within the outdoor retail area of the aforementioned premises, James encountered a dangerous conditioned thereon; to wit a hole in the pavement. 10. The hole in the pavement was located on the premises of the Defendants. 11. There were no warnings of any kind provided relative to the dangerous condition. 12. The hole in the pavement was approximately 1 foot in circumference, and 6 inches deep. 13. As James was walking about the outdoor retail area of the premises, his foot 2 became stuck in the aforementioned hole, which caused him to fall and incur serious and permanent personal injuries. 14. Tames immediately drove himself to Holy Spirit Hospital in search of medical care and treatment for the injuries that he sustained as a result of the fall. 15. At all material times, defendant owned, possessed, maintained or otherwise controlled the real property described above, wherein the aforesaid dangerous condition was located in their retail establishment, specifically in the outdoor retail area. 16. Plaintiff s injuries were directly and proximately caused by the carelessness and negligence of defendant which consisted of the following: a. failing to maintain said premises in a safe condition for persons lawfully upon said premises and surrounding areas. b. permitting the premises and surrounding area to become and remain in a dangerous condition constituting a menace, a danger and a nuisance for persons lawfully thereon. failing to inspect its property to ensure it was free of hazards. d. failing to warn of dangerous conditions in and around the retail establishment. e. exposing the plaintiff to an unreasonable risk of bodily injury. failing to use due care to provide appropriate maintenance, monitoring and warning concerning the hole in the pavement on which patrons regularly travelled. g. negligence per se, in failing to abide by the laws and codes of the City of Camp Hill and County of Cumberland. h. failing to repair the hole in the pavement. 3 C01 TNT I Plaintiff James Herbst v. Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC 17. Plaintiff incorporates Paragraphs 1 through 16 as if fully set forth at length herein. 18. As a result of the negligence of defendants, James has suffered, and will continue to suffer, the following injuries causing a serious impairment of bodily function. 19. Plaintiff s injuries include, but are not limited to, strains and sprains of the left wrist, torn cartilage in his left knee, contusions to his left hip, cuts and abrasions to his knees, and arms, and a quarter sized scar located on his left knee. 20. Plaintiff has treated with his primary care provider, and physical therapy, and two (2) different orthopedists. 21. James has incurred various expenses for Hospital and/or Medical treatment, was pre- vented from attending to his usual duties and activities, and incurred significant pain and suffering, all to his financial detriment. WHEREFORE, Plaintiff, James Herbst, hereby requests this Honorable Court to enter judgment in his favor and against Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC, in a sum sufficient to compensate him for the harm that has befallen him, in excess of $50,000.00, for pain, suffering, bodily injury, plus interest, and cost of suit. COUNT TWO: Loss o Consortium Plaintiff Lillie Berry-Herbst v. Defendants Boscovs, Inc., and Boscovs Department Stores, LLC 22. Paragraphs 1 through 21 are incorporated by reference as though set forth fully herein. 23. On April 21, 2010, and at all times thereafter Plaintiff James Herbst, and Plaintiff Lillie Berry-Herbst, were husband and wife. 4 24. On April 21, 2010, James was severely injured as averred supra. 25. Before suffering these injuries James was able to and did perform all of the duties of a husband and did perform all these duties, including but not limited to assisting in maintaining the home, and providing love, companionship, affection, society, moral support and solace, to Mrs. Lillie Berry-Herbst. 26. As a direct and proximate result of his injuries caused by the Defendants' negligent acts, James has been unable to perform the duties of a husband in that he can no longer and for an indefinite period of time will be unable to assist with housework or contribute to the household income. 27. Due to the nature of the injuries sustained by James and the severe physical strains they cause him, James, has been unable to and for an indefinite time will not be able to provide Mrs. Lillie Berry-Herbst with love, companionship, affection, society, moral support and solace. 28. Mrs. Lillie Berry-Hersbt is therefore deprived and will be permanently deprived of her spouse's consortium, all to Mrs. Lillie Berry-Hersbt's damage, in total amount to be established by proof at trial. WHEREFORE, Plaintiff, Lillie Berry-Herbst, hereby requests this Honorable Court to enter judgment in her favor and against Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC, for general and special damages according to proof in excess of fifty thousand and 00/100 ($50,000) Dollars, together with any other further relief that the court considers proper. Respectfully submitted: LAW OFFICES OF CORY A. LESHNER LLC By: lr7-0-ry A. , tsquire Atto for Plaintiff PA # 310377 earrisburg, N. 2nd Street, Suite 201 PA 17102 717-909-9999 717-909-9009 (fax) cal@coryleshnencom 5 VERIFICATION I, James Herbst and Lillie Berry-Herbst, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that the statements in the foregoing document are made subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities. 411111'-1 Dale Date a es Herbst 1) -, _Z?' ?ni Lilli erry-Herbst SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4tt2R' :, i,iar{? C e Jody S Smith Chief Deputy Richard W Stewart G Solicitor ? Gam' -v ? , ? ,r James David Herbst (et al.) -- C n m6 ' vs . Cas'iVu er Boscovs, Inc. (et al.) 2012-2376 SHERIFF'S RETURN OF SERVICE 04/19/2012 11:21 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2012 at 1121 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Boscovs, Inc., by making known unto Bonnie Lockhart, Human Resource Manager for Boscovs, Inc. at 170 S. 32nd Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. ELIZA ETH MULLER, DEPUTY 04/19/2012 11:21 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2012 at 1121 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Boscovs Department Stores, LLC, by making known unto Bonnie Lockhart, Human Resource Manager for Boscovs Department Stores, LLC at 170 S. 32nd Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 April 27, 2012 ELI ETH MULLER. DEPUTY SO ANSWERS, RONN'rY R ANDERSON, SHERIFF BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 1VI4,RGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal(@margolisedelstein.com JAMES HERBST AND LILLIE BERRY- HERBST, H/W C-) C _!O? xrn x;u u,r gyp. A c=+ N cn -O tv Attorneys for Defendant Boscov's, Inc. and Boscov's Department Stores, LLC File# 24200.4-00048 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BOSCOVS, INC. AND BOSCOVS DEPARTMENT STORES, LLC. NO. 12-2376 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC, in the above-captioned matter. Date: q , Z MARGOLIS DELSTEIN arty A. lp;nthal ID# 55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendants Boscovs, Inc., and Boscovs Department Stores, Inc. r7i f c`a -4c c0 ?1 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this I 1 4?day of 2012, served a true and correct copy of the foregoing upon the person(s) and in anner indicated below: Service by First Class Mail. Postage Prepaid Addressed as Follows: Cory Leshner, Esquire 2023 N. 2`d Street, Suite 201 Harrisburg, PA 17102 By: MARGOLIS EDELSTEIN Qje? Yk----, Carol Moose M:lmdir\l Travelers\24200.4-00048 Herbst v. Boscovs\Pleadinp\EOA.4-30-12.wpd JAMES HERBST AND LILLIE BERRY- IN THE COURT OF COMMON PLEAS, HERBST, HW Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 12-2376 -CIVIL TERM BOSCOVS, INC. AND BOSCOVS CIVIL ACTION -LAW `~" ~ DEPARTMENT STORES, LLC rn ~~, cry ~ `fi't ~,~..~_ Defendant ~ ~ ~ ~ r~~+~ JURY TRIAL DEMANDED -<~' cn ~ ~' r ~ .~ c~ -a r.~ ~ -~ z~, ~' ~ a~.~ ~`' IMPORT ANT NOTICE ~ ~ --: cn .~ TO: BOSCOVS, INC. -~ Date of Notice: September 4, 2012 YOU ARE IN DEFAULT BECAUSE YOU ?IAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA "'^" ^ (717) 249-; AVISO IMPORTANTE A: BOSCOVS, INC. FECHA DEL AVISO: September 4, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 / Attor T Supreme Court ID No. ~/D 3 ~~ JAMES HERBST AND LILLIE BERRY- HERBST, HW Plaintiff v. BOSCOVS, INC. AND BOSCOVS DEPARTMENT STORES, LLC Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 12-2376 -CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PROOF OF SERVICE I hereby certify that I am an employee of the Law Offices of Cory A. Leshner LLC, and that I served the foregoing 10 day Notice of Intent to Take Default Judgment by depositing in the US MAIL a true and correct copy thereof to the following: Boscovs, Inc. 170 South 32nd Street, Camp Hill, PA 17011 Barry Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hil Dated: ~ f JAMES HERBST AND LILLIE BERRY- HERBST, HW Plaintiff v. BOSCOVS, INC. AND BUSCOVS DEPARTMENT STORES, LLC Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 12-2376 -CIVIL TERM ~ ~ ~'' -v ~ rr1~ ~ ~n --t ~-~•y CIVIL ACTION -LAW z~ ~ ~ ~- ~~ r ~~ ~ ~ 3 JURY TRIAL DEMANDEDy~ ~ ~~~ x; c c r3 --~ ~ ._ IMPORTANT NOTICE ~~ ~~ ~ i TO: BOSCOVS Department Stores, LLC. Date of Notice: September 4, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GU TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 ~~ (717) 249-3166 s) AVISO IMPORTANTE A: BOSCOVS Department Stores, LLC. FECHA DEL AVISO: September 4, 2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PRC'PIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-316 Attorney For !f'~''hf~'~_ Telephone: ~~ ~" `4 Dg' ~ 4~ Supreme Court ID No. 3 ~O3 ~'~" JAMES HERBST AND LILLIE BERRY- HERBST, HW Plaintiff v. BOSCOVS, INC. AND BOSCOVS DEPARTMENT STORES, LLC Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 12-2376 -CIVIL TERM CIVIL ACTION -LAW JURY TRIAL DEMANDED PROOF OF SERVICE I hereby certify that I am an employee of the Law Offices of Cory A. Leshner LLC, and that I served the foregoing 10 day Notice of Intent to Take Default Judgment by depositing in the US MAIL a true and correct copy thereof to the following: Boscovs, Department Stores, LLC. 170 South 32nd Street, Camp Hill, PA 17011 Barry Kronthal, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Dated: ~~ ! Cow. Leshner, Esq. c JAMES HERBST AND LILLIE BERRY-HERBST, H/W Plaintiffs V. BOSCOVS, INC., AND BOSCOVS DEPARTMENT STORES, LLC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-2376 CIVIL IN RE: PLAINTIFFS' OBJECTIONS TO DEFENDANTS' PROPOSED SUBPOENAS ORDER OF COURT AND NOW, this 18th day of October, 2012, upon consideration of Plaintiffs' Objections to Defendants' Proposed Subpoenas, IT IS HEREBY ORDERED AND DIRECTED that the Defendants shall file a Memorandum of Law with the Court on or before November 2, 2012, which addresses Plaintiff's Objections and explains why the request in each subpoena (1) is reasonably calculated to lead to discovery of relevant admissible evidence; (2) is not aver-broad, vexatious or oppressive; (3) would not cause unreasonable annoyance, embarrassment, oppression, burden and expense; (4) is not beyond the scope of permissible discovery as set forth in Pa.R.C.P. 4003.1- 4003.6 and (5) does not seek information and documentation which is protected by privilege and confidentiality; IT IS FURTHER ORDERED AND DIRECTED that a brief argument on the matter will be held at the status conference previously scheduled for Friday, November 30, 2012, at 8:30 a.m. in Chambers of Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, {~, ~', `- !, `~.J~--~ M. L. Ebert, Jr., `j / Cory A. Leshner, Esquire Attorney for Plaintiffs 2023 N. 2nd Street, Suite 201 Harrisburg, PA 17102 Barry Kronthal, Esquire Attorney for Defendants 3510 Trindle Road Camp Hill, PA 17011 ;,~ Center City Legal Reproductions, Inc. 1315 Walnut Street, Suite 601 Philadelphia, PA 19107 Hopi P,S ~, ~%~l /0~/9/ia ~~ BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com .A ~~- i~}~~~~'~~t~~~~ Attorneys for Defendant Boscovs, Inc. and Boscov's Department Stores, LLC File# 24200.4-00048 JAMES HERBST AND LILLIE BERRY- HERBST, H/W VS. BOSCOVS, INC. AND BOSCOVS DEPARTMENT STORES, LLC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-2376 CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION FOR CONTINUANCE OF HEARING AND NOW, come Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC (collectively referred to as "Boscovs"), by and through their counsel, Margolis Edelstein, and hereby files this Motion for Continuance of Hearing, averring the following in support thereof: 1. There is a Status Conference and Hearing on the Motion to Compel Discovery scheduled for November 30, 2012, at 8:30 a.m. before this Honorable Court. 2. Attorney for Boscovs has a conflict previously scheduled for that day, and must respectfully ask the Court for a continuance of said date to a mutually convenient time. 3. As of the filing of this Motion, I have not heard from Plaintiffs' counsel as to his concurrence or non-concurrence with the same. WHEREFORE, Defendants, Boscovs, Inc., and Boscovs Department Stores, LLC, respectfully requests that this Honorable Court issue an order granting a continuance of the November 30, 2012, hearing to a mutually convenient date and time. Respectfully submitted: Date: { ~ ~ Z ~ g thal, Esquire ID# 55 2 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this ~ day of November, 2012, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service via U.S. First Class Mail: Cory A. Leshner, Esquire 2023 N. 2"d Street, Suite 201 Harrisburg, PA 17102 By MARGOLIS EDELSTEIN C1~y~_ M:~ndirU Travelers\24200.4-00048 Herbst v. Boscovs\Pleadings\Ivlotion for Continuance.l 1-16-12.wpd ~~ 1 JAMES HERBST AND LILLIE BERRY-HERBST, H/1IV Plaintiffs V. BOSCOVS, INC., AND BOSCOVS DEPARTMENT STORES, LLC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-2376 CIVIL SCHEDULING ORDER OF COURT AND NOW, this 30th day of November, 2012, after status conference with counsel in this case, IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery shall be completed by April 30, 2013; 2. Plaintiffs' counsel shall serve upon defense counsel all expert reports by June 1, 2013; 3. Defendants' counsel shall serve upon Plaintiffs' counsel all expert reports by July 8, 2013; 4. Plaintiffs' counsel shall serve on defense counsel any and all rebuttal reports by August 5, 2013; 5. All dispositive motions and briefs shall be filed by September 2, 2013. Any counsel filing a dispositive motion shall set down the cause for argument on or before September 9, 2013; 6. Argument on the dispositive motions shall be held on September 27, 2013; 7. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for November 12, 2013. 8. Pre-trial Conference for this case will be held on November 27, 2013. i 9. Trial in the matter will be held beginning December 9, 2013. By the Court, r~~ M. L. Ebert, Jr., J. ~ Cory A. Leshner, Esquire Attorney for Plaintiffs 2023 N. 2~d Street, Suite 201 Harrisburg, PA 17102 ./ Barry Kronthal, Esquire Attorney for Defendants 3510 Trindle Road Camp Hill, PA 17011 ~rlad~~~ r~ ~,., -- ;~ = ~ -~~ rn ~ ~ '~ ~ ~? c~ ` ~ ~:~ ~ ~ `~' c.~a , _~~: =~. c,,~ ..~,