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Home My WebLink About13-3066 r Supreme Courtof Pennsylvania Cou C,om n Pleas > For Prothonotary Use Only: et f cum '. Docket No: SST County r 3- 3dp(�o The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint 0 Writ of Summons ❑ Petition ❑ Notice of Appeal i S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking ; E C Lead Plaintiff's Name: Lead Defendant's Name: T Barbara Miller Wegmans Food Markets, Inc. I ❑ Check here if you are a Self-Represented (Pro Se)Litigant O Name of Plaintiff/Appellant's Attorney: Timothy A.shouenneryer N Are money damages requested?: ❑x Yes ❑No Dollar Amount Requested: within arbitration limits (Check one) X outside arbitration limits A Is this a Class Action Suit? ❑ Yes D No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑x Premises Liability ❑ Zoning Board S ❑ Product Liability(does not include ❑ Statutory Appeal:Other . E mass tort) El Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ C ❑ Other: Employment Dispute:Other T Judicial Appeals ❑ MDJ-Landlord/Tenant I ❑ Other: ❑ MDJ-Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.CA 205.5 212010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. l Y,. .70 Civil Action- Law JURY TRIAL DEMANDED BARBARA MILLER and WILLIAM G. WEGMANS FOOD MARKETS, INC., MILLER, Plaintiffs Defendant 442 Bethany Drive 6416 Carlisle Pike, Suite 200 Mechanicsburg, PA 17055 versus Mechanicsburg, PA 17050 M.CV ' Cr- f- F". PRAECIPE FOR WRIT OF SUMMONS :;>C-) X. °- TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (x ) Sheriff TIMOTHY A. SHOLLENBERGER, ESQUIRE Shollenberger&Januzzi, LLP i f Attorney 2225 Millennium Way Supreme Court I.D. No. 34343 Enola, Pennsylvania 17025 5 24 113 (717) 728-3200 Date: WRIT OF SUMMONS cfil- YOU 1c11,3 TO THE ABOVE NAMED DEFENDANTO S : WEGMANS FOOD MARKETS, INC.ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Pro ary/Clerk of Courts Civil Division Date: Q l>d �Q by Deputy ( ) Check here if reverse is issued for additional information -F,1 r 'l Th'L► 0 T/A }° SHOLLENBIERGER & JANUZZI, LLP � f fit,t �� P! 2225 Millennium Way Enola, Pennsylvania 17106-0545 COMBERLAND � Telephone Number: (717) 728-3200 PENNSYLVANIA�� Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. WEGMANS FOOD MARKET, INC. CIVIL ACTION — LAW Defendant MOTION FOR PRE COMPLAINT DISCOVERY PURSUANT TO PA RCP 4003.8 AND NOW, come the Plaintiffs, Barbara Miller and William G. Miller, by their attorneys, Shollenberger and Januzzi, LLP and do respectfully represent the following: 1. On May 28, 2013, the Plaintiffs filed a Writ of Summons versus the Defendant named in the caption above. 2. The Plaintiffs seek to engage in the following pre-complaint discovery: a. The designation deposition of an employee of Wegmans Food Market with knowledge of the incident which occurred on September 30, 2012 involving Plaintiff, Barbara Miller; b. Review and inspection of the videotape Defendant, Wegmans Food Markets, Inc. has in its possession of the incident which occurred on Sunday, September 30, 2012, between 1:15 and 2:00 p.m. involving Plaintiff, Barbara Miller; C. Review and inspection of the maintenance records Defendant, Wegmans Food Markets, Inc. has in its possession which were used in the denial of the claim filed by Plaintiff, Barbara Miller; and d. Any and all statements regarding the incident which occurred on September 30, 2012, involving Plaintiff, Barbara Miller. 3. Deposing an employee of Wegmans Food Markets, Inc. with knowledge of the incident which occurred on September 30, 2012, involving Plaintiff, Barbara Miller, is material and necessary to the filing of the complaint because it will allow the Plaintiff to determine the legal theories upon which it will proceed. 4. Review and inspection of the videotape Defendant, Wegmans Food Markets, Inc. has in its possession of the incident which occurred on Sunday, September 30, 2012, between 1:15 and 2:00 p.m. involving Plaintiff, Barbara Miller is material and necessary to the filing of the complaint because it will allow the Plaintiff to determine the legal theories upon which it will proceed and the nature and extent of the harm done to the Plaintiff. 5. Review and inspection of the maintenance records Defendant, Wegmans Food Markets, Inc. has in its possession which were used in the denial of the claim filed by Plaintiff, Barbara Miller, is material and necessary to the filing of the complaint because it will allow the Plaintiff to determine the legal theories upon which it will proceed and the nature and extent of the harm done to the Plaintiff. 6. Review and inspection of the statements regarding the incident which occurred on September 30, 2012, involving Plaintiff, Barbara Miller, is material and necessary to the filing of the complaint because it will allow the Plaintiff to determine the legal theories upon which it will proceed and the nature and extent of the harm done to the Plaintiff. 7. Such pre-complaint discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to the Defendant because an employee of Defendant, Wegmans Food Market, Inc. with knowledge of the incident which occurred on September 30, 2012, involving Plaintiff, Barbara Miller, would be required to give a deposition during the course of the litigation and Plaintiff would be entitled to view and inspect the videotape Defendant, Wegmans Food Markets, Inc. has in its possession of the incident which occurred on Sunday, September 30, 2012, involving Plaintiff, Barbara Miller and any and all statements regarding the incident and/or maintenance records would be discoverable. 8. Plaintiff's counsel is cognizant of the requirement that they provide a copy of this motion to opposing counsel and seek their concurrence or non concurrence in the Motion. However, Rule 4003.8 cannot be reconciled with Rule 1037 (a) which permits a Defendant to request the Prothonotary to issue a rule upon the Plaintiff to file a complaint. WHEREFORE, the Plaintiffs, Barbara Miller and William G. Miller, respectfully request this Honorable Court to grant the Plaintiffs' Request to conduct pre-complaint discovery as outlined in the Motion. Respectfully submitted SHOLLENBERGER & JANUZZI, LLP Attorneya for Plainti By' V erg sq. Attorney I. D. No. 34343 Date: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17106-0545 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARBARA MILLER.and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. WEGMANS FOOD MARKET, INC,. , CIVIL ACTION.— LAW Defendant . CER TIFICATE OF SERVICE And now this� da of Ma 2013 I hereby certify that a co of the Y Y� � Y fY copy foregoing Motion for Pre Complaint Discovery has been served upon the following, via U.S. Mail: Paula J. Mott Wegmans,Food Market, Inc. P.O. Box 30844 Rochester, NY 14603=0844 SHOLLENBERGER & JANUZZI, LLP _ By: VTi A hollenberger, Esq. orney ID# 34343 J BARBARA MILLER and WILLIAM G. MILLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT WEGMANS FOOD MARKET, INC., Defendant 2013-03066 CIVIL TERM IN RE: MOTION FOR PRE COMPLAINT DISCOVERY PURSUANT TO PA RCP 4003.8 ORDER OF COURT AND NOW, this day of June 2013, upon consideration of the Motion for Pre Complaint Discovery Pursuant to Pa RCP 4003.8, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFFS shall effectuate service of this Rule upon Defendant. Proof of service must be filed prior to the court entertaining a motion to make rule absolute. RULE RETURNABLE twenty (20) days from the date of service by Plaintiffs. BY THE COURT, Thomas Placey C.P.J. Distribution: .00"�Timothy A. Shollenberger, Esq. Paula J. Mott Lek CD SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t'l I.CIJ-Uf 1'it z Sheriff IHFPROTNO!dCT ii' Jody S Smith 2013 JUN 14 AM 8: 53 Chief Deputy Richard IN Stewart CUMBERLAND COUNTY Solicitor — PENNSYLVANIA Barbara Miller let al.) Case Number vs. Wegmans 2013-3066 SHERIFF'S RETURN OF SERVICE 05/31/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Wegmans, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 06/05/2013 The requested Writ of Summons served by the Sheriff of Dauphin County upon Jennifer Smith, who accepted for Wegmans, at c/o CT Corporation, 116 Pine Street, Harrisburg, PA 17101. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS,�/)�j],� June 12, 2013 RONNY R ANDERSON, SHERIFF She Ruh] Jack Duignan Rem 1121'Deputy v_ �e++ % - Cbief Rio Matthew L. Owens r ' Michael W. Rinehart Solicitor Assislan+Chief Dept, ➢nnphin Coun, ItIl Market 5'. llmnsbnu,Pcnreyl'juco 17101-IOW ph (717)780-6590fax (717)255-2889 Jack Lotwick Shenrr Commonwealth of Pennsylvania BARBARA MILLER AND WILLIAM G. MILLER VS County of Dauphin WEGMANS FOOD MARKETS,INC. Sheriffs Return No. 2013-T-1683 OTHER COUNTY NO. 2013-3066 And now.JUNE 5,2013 at 9:22.00 AM served the within WRIT OF SUMMONS upon WEGMANS FOOD MARKETS, INC. by personally handing to JENNIFER.SMITH 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at C/O CSC, 2595 INTERSTATE DR, STE 103 HARRISBURG PA 17110 CUSTOMER SERVICE ASSOCIATE Sworn and subscribed to So Answers, before me this 6TH day of June,2013 ( e Sheriff of Dauphin County, Pa. By COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff NOTARIAL SEAL Deputy: NAN A MILLER Karen M.c olunce,Nobby Public C11y of Hatrubc ,Dauphin Couna Sheriff's Costs: $41.25 6/4/2013 M,Ce, ici.,s Ewires Anaust 31_2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW BARBARA MILLER and No. 13-3066 Civil r"rn WILLIAM G. MILLER, Plaintiffs -mac ' ° D V. CQ -x7 p;j �C:) WEGMANS FOOD MARKETS, INC., a> � Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant Wegmans Food Markets, Inc. in the above-captioned action. / FITZPATRICK LENTZ&BUBBA,P.C. Dated: f �ao�3 Byaoseph S. D'Amico,J . I.D.No. 55645 4001 Schoolhouse Lane P. O. Box 219 Center Valley, PA 18034-0219 Phone: (610)797-9000 Attorney for Defendant ti CERTIFICATE OF SERVICE I,Joseph S. D'Amico,Jr.,attorney for the Defendant, do hereby certify that a copy of the within document has been served on all parties or their counsel of record via First Class, regular mail, at the following address: Timothy A. Shollenberger, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 FITZPATRICK LENTZ&BUBBA,P.C. DATED: CP BY: Y-' 41 a--"�/j o eph S.D'A m- icd,Jr. I.D.No. 55645 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Phone: 610-797-9000 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r CIVIL ACTION—LAW , ..- rM BARBARA MILLER and No. 13-3066 Civil WILLIAM G. MILLER, Plaintiffs _ t V. --t C_fl C:) WEGMANS FOOD MARKETS, INC., Defendant DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRE-COMPLAINT DISCOVERY PURSUANT TO Pa. R.C.P. 4003.8 Defendant Wegmans Food Markets, Inc.'s ("Wegmans") by and through its counsel, Fitzpatrick Lentz & Bubba, P.C., responds in Opposition to Plaintiffs' Motion for Pre-Complaint Discovery as follows: I. Admitted upon information and belief. 2. Admitted. In further response, the discovery sought by Plaintiffs' counsel is not necessary for the filing of a Complaint. The nature of the action is a straightforward claim for alleged personal injuries arising from a slip and fall. Plaintiffs' counsel has already advised Wegmans that he is aware of the approximate time of the incident and obviously could obtain information from his clients as to the nature of the matter. Moreover, Plaintiffs' counsel, by letter dated January 7, 2013, has advised Wegmans that he has a"witness statement'' supporting his theory of the action. (See Ex. "A", attached hereto). Therefore, the discovery sought by Plaintiffs' counsel is not materially necessary to the drafting of a pleading, but instead merely an attempt by Plaintiffs' counsel to pre-determine whether to invest in pursuit of a personal injury claim. There is nothing in the requested discovery that is necessary to materially advance the preparation of a complaint beyond the information Plaintiffs' counsel may already have or believe based upon his own investigation in consultation with his clients. Further, the discovery sought by Plaintiffs is overbroad in multiple respects including but not limited to the following: a. Requesting the designation of an employee to be deposed for preparation of pre-complaint discovery is unnecessary and Wegmans should not have to subject its employees to a deposition before it knows what allegations the Plaintiffs make; b. Plaintiffs' counsel has already intimated that it possesses a witness statement setting forth information concerning the incident; therefore, access to Wegmans' own security video pre- complaint is unnecessary. The fact that said information may be discoverable after the filing of a complaint is not determinative of whether pre-complaint discovery is allowed. The video is not needed to draft a pleading; C. Requesting maintenance records that Wegmans utilized in its "denial" of the claim is overly burdensome and in fact attempts to obtain information from Wegmans concerning the considerations and issues it reviewed in determining whether Plaintiffs' claim had merit. Thus, as interpreted, it also seeks information concerning Wegmans' claims evaluation. It is overbroad as discovery of mental impressions is impermissible; and d. To the extent statements exist, they are not material or necessary to advance Plaintiffs' preparation of a complaint. Instead they are mere post-Complaint discovery issues which can and should be pursued under normal channels. 3. Denied for the reasons more fully set forth in response to paragraph 2,which is incorporated by reference as if fully set forth herein. 4. Denied for the reasons more fully set forth in response to paragraph 2, which is incorporated by reference as if fully set forth herein. Reviewing the video-tape is unnecessary to formulate a theory and make allegations supportive of the alleged case. This is especially true in light of Plaintiffs' counsel's suggestion that he has a"witness statement". 5. Denied for the reasons more fully set forth in response to paragraph 2,which is incorporated by reference as if fully set forth herein. 6. Denied for the reasons more fully set forth in response to paragraph 2, which is incorporated by reference as if fully set forth herein. Reviewing witness statements as pre-complaint discovery is not necessary to formulate a legal theory. Plaintiffs are conflating assessment of potential likelihood of success with the theory of liability, the latter of which, in an action such as this, is straightforward and well settled law. 7. Denied. Merely because Plaintiffs have an opportunity to depose a representative after the pleadings have been initiated is not a basis to allow pre- complaint discovery which respectfully submitted, is unduly burdensome and annoying. The Pennsylvania Supreme Court, and Pa. R.C.P. 4003.8, specify pre- complaint discovery should be limited and only allowed to the extent materially necessary to formulate a complaint. See McNeil v. Jordan, 586 Pa. 413, 894 A.2d 1260 (2006). Further, as Judge Masland of this Court has noted, pre-complaint discovery should be restrictively allowed, narrow and only allowed if a prima facie claim can not be pled without it. School Boards Ins. Co. of Pennsylvania v. Cozen O'Connor,2011 WL 4577 807(Cumberland Cty. 2011). 8. Plaintiffs' counsel served a copy of the Motion on Defendant Wegmans who properly forwarded it to the undersigned counsel. The instant Motion was filed by Plaintiffs prior to Wegmans forwarding the Writ of Summons and discovery to counsel. However, since then attempts to address the discovery dispute without resorting to this response have been attempted but have not been successful. WHEREFORE, Wegmans Food Markets, Inc. respectfully requests this Honorable Court deny Plaintiffs' Motion for Pre-Complaint discovery. FITZPATRICK LENTZ&BUBBA, P.C. Dated: B �. y: seph S. D'Amico,Jr. .No. 55645 4001 Schoolhouse Lane P. O. Box 219 Center Valley, PA 18034-0219 Phone: (610) 797-9000 Attorney for Defendant Wegmans Food Markets,Inc. CERTIFICATE OF SERVICE I,Joseph S. D'Amico,Jr.,attorney for the Defendant, do hereby certify that a copy of the within document has been served on all parties or their counsel of record via First Class, regular mail, at the following address: Timothy A. Shollenberger, Esquire Shollenberger&Januzzi, LLP 2225 Millennium Way Enola, PA 17025 FITZPATRICK LENTZ&BUBBA,P.C. DATED: BY: 57,1 g L]� J seph S. D'Amico, D.No. 55645 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Phone: 610-797-9000 Attorney for Defendant Wegmans Food Markets,Inc. EXHIBIT"A" 585-429-3313 01:4716 p.m, 06-12-2013 10/11 L " EMU R Tttti&w A.SHoLLEt miGm,E9Q. W.� Zzl., �� KASL J.JAtNU271,ESQ. °At LAW ADAPT T.WOM,Este. E January 7, 2013 Via Qg_rU&d and First-Class Mail i Ms.Paula Mott,Accident Services Wegmans 1 500 Brooks Avenue Box 30844 Rochester,New York 14803-0844 Re: Our Client: 8$rbara Miller Date of Loss:9130/12 Door Ms.Mott: During our recent conversation,you indicated you have a videotape,a statement from an eyewitness and maintenance records all in support of Wegmans decision to deny this claim. I indicated that I have a witness statement as well and I am happy to supply it to you and in fact have enclosed 8 with this letter. Pennsylvania Rule of Civil Procedure allows for pre Complaint discovery and provides as follows: Rule 4003.8. Pre-Complaint Discovery (a)A plaintiff may obtain pre-complaint discovery where the Information sought is material and necessary to the filing of the complaint and the discovery will not cause unreasonable annoyance, embarrassment, oppression, burden or expense to any I person or party. (b) Upon a motion for protective order or other objection to a plaintiff's pre-complaint discovery, the court may require the plaintiff to state with particularity how the discovery will materially advance the preparation of the complaint In deafding the motion or other objection, the court shalt weigh the importance of the discovery request against the burdens imposed on any person or party from whom the discovery is sought. Pa.R. Civ. P. 4003.8 Kuw Off'm 2225 Miliewdum Way I Enola,PA 17025 ( Phone 717-728-320O I Fax 717-728-a4w ( Toll Free 80D-813-1366 HAMWOURG Ormcr 9811 ionestown Road,Suite 2211 Harrisburg,PA 17109 1 Phone 717-671-6400 (Please do not and twit to tim Harrisbwg address) Please r151t www.sholljaalaw."M SOS-429-3313 01:48:01 p.m. 06-12-2013 11 111 As I explained, I am more than happy to objectively evaluate the Information that Wegmans has in support of its denial with my client and advise you promptly as to whether my client will pursue the claim in light of those materials. If Wegmans decision is that they will not provide them without formal discovery I will file a Writ of Summons and serve it along with Pre Complaint Discovery and we can go from there. will diary my file ahead for Wednesday.January 21,2013. If there has been no response from Wegmans by then I will proceed to file the Writ and Pre Complaint discovery. 1 await your response. Very ours, ./h/e4er&/ TAS/hlo Enclosure cc: Barbara Miller Retum Receipt Requested., 7196 9008 9115 53311577 GITIM CASE FILES-OPENVNIUer,BarbarMCorrespondence1010713 Iv to 3rd ply ad)re denial[tasi.dom r cc fF THE Pipr SHOLLENBERGER & JANUZZI, LLP a#JGTp,,?Y 2225 Millennium Way 1113 JUN 26 PH 2; 4 Enola, PA 17025 �'El��i��r ��; t} COUNTY Telephone Number: (717) 728-3200 �f� dS Y[,D Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 WEGMANS FOOD MARKET, INC., CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED I AFFIDAVIT OF SERVICE t I, Timothy A. Shollenberger, Esquire, do hereby swear and affirm that I caused to be served a Rule Issued Upon Defendant To Show Cause Why The Relief Requested Should Not Be Granted via certified mail return receipt requested. A copy of the letter and proof of service is attached hereto as Exhibit "A." Dated:/ 1 n , Esquire SWORN TO AN SUBSCRIBED before me this ay of 2013 V all COMMONWEALTH 0f PENNSYLVANIA Nota Public xmAnr�t.. �ESSicA tuRd LM= jg8"Cip"s huf 21,2014 NOWYPW& My COM Writer's Direct Email: ierb shollianlaw.com June 5, 2013 Via Certified Mail Return Receipt and Regular Mail Ms. Paula Mott, Accident Services Wegmans 1500 Brooks Avenue Box 30844 Rochester, New York 14603-0844 Re: Our Client: Barbara Miller Date of Loss:9/30/12 Dear Ms. Mott: Enclosed please find an Order of Court issuing a Rule upon Defendant to show cause why the relief requested should not be granted, as well as a copy of Plaintiff's Motion for Pre Complaint Discovery Pursuant to PA R.C.P. 4003.8. Should you have any questions, please do not hesitate to contact me. Very truly yours, Jessica M. Erb, RP, Pa.C.P. Paralegal to Timothy A. Shollenberger /jme Enclosure Return Receipt Requested: 71969008911555325831 G:\TIM PORTAL\TIM CASE FILES-OPEN\Miller, Barbara\Correspondence\060513 LT 3rd pty adj encl Order re Rule to Show Cause Qme].docx EXHIBIT Postage QS Postal I m - • Certified Fee L uI Return Receipt Fee postmark i I ru (Endorsement Required) Here rn tJ7 - - • � Restricted Delivery Fee Domestic Y (Endorsement Required) R •: " ' ' Total Postage&Fees ,N i Govera lT' Sent To: I ° tit i i N10tt Ir Accicicint ervic6s t a 1500 [3 ()ok s Ave r` Box Rochester, MY 14GU3-08414 t I US postal Service® Certified Mail"Re „p PS Form 3800,January 200. 1 't Or ALI — . SECTION ON DELIVERY 1 2. Artl l A eceived a Print Clearly) B. Date of Delivery }l} C. Sign f: Agent I Addressee 7196. 900'8: 9115 '5532 58.31 D. if YES,enerdreeedifrerentfromitem,� oyes. If YES,enter delivery address below: ❑No CERTIFIED j .3. Service,Type.C MAIL'" 4. Restricted Delivery?(Extra Fee) Yes w ES T�j fir•,,•. -'� 1 Article Addressed to ,i. i � 11' X013 'P w i' utiw � J � I � Ail i> r 304 c c ..a c r 4:„, , eAs r r , .� r,�t °! t' •'f ”` �omesjic Return Receipt 20051 tt It 4 e i1ItfI6 ta. �I 'If PS Formt3811,iJanuary' 'i�, 9 t � l,,ta� SHOLLENBERGER & JANUZZI, LLP -,, 2225 Millennium Way J 1�� L Enola, Pennsylvania 17025 ! 'U1MI3 RL, I'D C0UINTY Telephone Number: (717) 728-3200 Pbi- NSYUVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant 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 entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 REDUCE FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral and Information Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, BARBARA MILLER and WILLIAM G. MILLER, wife and husband, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiff, BARBARA MILLER is an adult individual who currently resides at 442 Bethany Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, WEGMANS FOOD MARKETS, INC., is a New York Corporation with a principal address of 1500 Brooks Avenue, Box 30844, Rochester, New York 14603-0844 and a local business address of at 6416 Carlisle Pike, Suite 200, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The facts and circumstances hereinafter set forth took place on September 30, 2012, at approximately 1:15 p.m. in the Food Court Section at WEGMANS FOOD MARKETS, INC. 4. On the aforesaid date, Plaintiff, BARBARA MILLER, was purchasing food at the Food Court section of WEGMANS FOOD MARKETS, INC. and as she carried her tray to the checkout station, she slipped on a liquid substance on the floor and fell, landing hard on her right knee. 5. As a result of the aforesaid incident, Plaintiff, BARBARA MILLER, has suffered serious and permanent injuries, including but not limited to the following: a. Right patellar fracture with joint effusion; and b. Aggravation of pre-existing degenerative disc disease in and around the lumbar spine. 6. As a result of the aforesaid incident, Plaintiff, BARBARA MILLER, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 7. As a further result of the aforesaid injuries, Plaintiff, BARBARA MILLER, has sustained scarring and disfigurement for which damages are claimed. 8. As a further result of the aforesaid injuries, Plaintiff, BARBARA MILLER, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, BARBARA MILLER, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, BARBARA MILLER, has been and may continue to be subjected to further medical procedures and treatments, and all accompanying risks, hazards, pain, suffering, discomfort and economic losses associated therewith, and may be compelled to expend money for medicine and medical attention, for which damages are claimed. COUNT BARBARA MILLER v. WEGMANS FOOD MARKET, INC. 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 12. The aforesaid incident and resulting injuries to the Plaintiff, BARBARA MILLER, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, WEGMANS FOOD MARKET, INC., which consisted of: a. Creating or allowing a situation where it would be necessary for patrons and invitees to encounter dangerous conditions in the course of walking through the Food Court Section; b. Creating or allowing a dangerous condition and/or permitting such a condition to remain in the nature of a liquid substance on the floor; C. Failing to exercise the duty of reasonable care required of business establishments to protect patrons and invitees from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; and d. Failing to ensure there was sufficient staff and/or employees on duty to properly and adequately maintain the Food Court Section for its invitees; e. Failing to maintain the Food Court Section in a safe and proper condition that provided a safe walking area for its patrons and invitees; f. Failing to properly and adequately warn its patrons and invitees of the above-referenced dangerous condition, g. Failing to properly and adequately inspect for hazards in the Food Court Section in order to determine its condition and/or ensure that it was safe for patron and invitee use; h. Failing to exercise reasonable care to correct the condition so as to prevent injury to its patrons and invitees; i. Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the floors; and j. Violating standards for quality and/or regulations as established by Defendant and/or its governing industry. WHEREFORE, the Plaintiff, BARBARA MILLER, demands judgment against the Defendant, WEGMANS FOOD MARKET, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Timot A. Shollenberger, Esquire Attorney I.D. No. 34343 2225 Millennium Way Enola, PA 17025 243� 717-728-3200 Dated: VERIFICATION I , hereby acknowledge that I am a Plaintiff in this action and that I have r ad the and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Ygnature Date: _ .� o-y X63 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS(SET-UPS)\Verification.wpd SHOLLENBERGER&JANUZZI,LLP 2225 Millennium Way,Enola,PA 17025 (717)728-3200!FAX(717)728-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thisx day of June, 2013, 1 hereby certify that I have served the within Complaint on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 034-0219 By. mo h enberger, uire SHOLLENBERGER & JANUZZI, LLP J Mfr �/ t Ei! Jf ,� 2225 Millennium Way ,, ` " ` Pv Enola, Pennsylvania 17025 ��''�'RERLANI) GOt T Telephone Number: (717) 728-3200 �ENNSYLVAtilU Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thi day of June, 2013, 1 hereby certify that I have served the within Request for Production of Documents on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 8034-0219 By: of y A. Shollenberger, Esquire � rfIA6 SHOLLENBERGER & JANUZZI, LLP i ' 2225 Millennium Ways Enola, Pennsylvania 170251Er�� CUU Telephone Number: (717) 728-3200 [NNSYLVANtA Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW thi day of June, 2013, 1 hereby certify that I have served the within Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 By y . S ollenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17106-0545 1!i j j i 1, C0U1=T`( Telephone Number: (717) 728-320054" '' i Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. )3. _�4(Xa WEGMANS FOOD MARKET, INC. CIVIL ACTION — LAW Defendant i PRAECIPE TO WITHDRAW PLAINTIFFS' MOTION FOR PRE COMPLAINT DISCOVERY PURSUANT TO PA RCP 4003.8 Kindly withdraw, without prejudice, Plaintiffs' Motion for Pre Complaint Discovery Pursuant To PA. R.C. P. filed with this Court on May 30, 2013. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: &it1_0"00000r Timothy A. Shollenberger, Esq. Date: of* 0 , 13 Attorney ID# 34343 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17106-0545 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiffs BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. WEGMANS FOOD MARKET, INC. CIVIL ACTION — LAW Defendant ERTIFICATE OF SERVICE And now, thi day of June, 2013, 1 hereby certify that a copy of the foregoing Praecipe to Withdraw Plaintiffs' Motion for Pre Complaint Discovery has been served upon the following, via U.S. Mail: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 SHOLLE ERGER & JANUZZI, LLP By: imothy A. Shollenberge , E q. Attorney ID# 34343 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW BARBARA MILLER and No. 13-3066 Civil WILLIAM G. MILLER, Plaintiffs V. WEGMANS FOOD MARKETS, INC., M co c_ M rn__ Defendant :• �" cou NOTICE TO PLEAD ' >C:: ;r TO: Barbara Miller William G. Miller c/o Timothy A. Shollenberger, Esquire Shollenberger& Januzzi, LLP 2225 Millennium Way Enola, PA 17025 YOU ARE HEREBY NOTIFIED THAT YOU MUST FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. FITZPATRICK LENTZ & BUBBA, P.C. Date: (o By: C � J seph S. D Amico, Jr. I.D. No. 55645 Attorneys for Plaintiff 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 (610) 797-9000 Attorney for Defendant Wegmans Food Markets, Inc. r y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW BARBARA MILLER and No. 13-3066 Civil WILLIAM G. MILLER, Plaintiffs V. WEGMANS FOOD MARKETS, INC., Defendant ANSWER AND NEW MATTER TO COMPLAINT Defendant, Wegmans Food Markets, Inca("Wegmans") by and through its counsel, Fitzpatrick Lentz&Bubba,P.C.,Answers Plaintiff's Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part. Denied in part. Wegmans admits Plaintiff makes claim for an incident that occurred on September 30, 2012 at the approximate time of 1:15 PM in the Prepared Foods area of the Wegmans market. Wegmans denies the complained of incident gives rise to a cause of action against Wegmans upon which relief can be granted. 4. Admitted in part. Denied in part. Upon information and belief, Wegmans admits that it believes Barbara Miller was intending to purchase food. Further, Wegmans admits Plaintiff fell. Wegmans denies Plaintiff slipped and fell on a liquid substance on the floor or that Wegmans had notice of any alleged danger. Wegmans denies it is liable for the complained of incident. Wegmans lacks sufficient knowledge or information to form a belief as to the truth of Plaintiffs alleged injuries; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. 5. Denied as stated. Wegmans lacks sufficient knowledge or information to form a belief as to the truth of the averments concerning the Plaintiffs alleged injuries; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. 6. Denied. After reasonable investigation, Wegmans lacks sufficient knowledge or information to form a belief as to the truth of the averments of Plaintiff Barbara Miller's alleged injuries, pain and suffering; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. In further response, Wegmans denies it is liable to Plaintiff for the reasons more fully set forth in this Answer and New Matter. 7. Denied. After reasonable investigation Wegmans lacks sufficient knowledge or information to form a belief concerning Plaintiffs alleged scarring and disfigurement; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. In further response, Wegmans denies it is liable to Plaintiff for the reasons more fully set forth in this Answer and New Matter. 8. Denied. The averments of paragraph 8 contain a conclusion of law to which no responsive pleading is required. To the extent a response is deemed required, Wegmans denies it is liable for the alleged incident, Plaintiffs alleged injuries and her claimed diminution in her ability to enjoy life and life pleasures. On the contrary, for the reasons more fully set forth in this Answer and New Matter, Wegmans lacks sufficient knowledge o , and information to form a belief as to the truth of Plaintiffs alleged injuries and damages; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. 9. Denied. After reasonable investigation, Wegmans lacks sufficient knowledge and information to form a belief as to the truth of the averments Plaintiffs alleged future expenses; therefore, such averments are denied and strict proof in support thereof is demanded at the time of trial. In further response, Wegmans denies it is liable to Plaintiff for the reasons more fully set forth in this Answer and New Matter. 10. Denied. The averments of paragraph 10 are denied for the reasons more fully set forth in response to paragraphs 5-9 of this Answer which responses are incorporated by references as if fully set forth herein. Count I 11. Wegmans incorporates by reference paragraphs 1-10 of its Answer to Plaintiff's Complaint as if fully set forth herein. 12. Denied. The averments of paragraph 12 contain a conclusion of law to which no responsive pleading is required. To the extent a response is deemed required, Wegmans denies it was negligent, careless, reckless, or inattentive generally or in the particulars as alleged by Plaintiff. Further, Wegmans denies the averments of subparagraphs a j pursuant to pursuant to Pa.R.C.P. 1029(e). At all material times, Wegmans maintained and operated the market in a reasonable and non-negligent fashion. Further, Wegmans denies having notice of any alleged danger or that its alleged acts or omissions were a cause or contributing factor to Plaintiffs accident. WHEREFORE, Wegmans Food Markets, Inc. respectfully requests this Honorable Court enter judgment in its favor and against the Plaintiff together with an award of costs of suit. NEW MATTER 13. Wegmans incorporates by reference paragraphs 1-12 of its Answer as if fully set forth herein. 14. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 15. Wegmans denies there was any dangerous or hazardous condition as alleged by Plaintiff. 16. Alternatively, Wegmans denies it knew or should have known of the alleged dangerous condition. 17. Wegmans had no notice, constructive or actual, of any alleged danger. 18. The lack of notice of the alleged transient condition precludes Plaintiff's claim. 19. Alternatively, Plaintiff's alleged accident and injuries, if any, were solely the result of her own carelessness, negligence, recklessness, and inattentiveness; generally, and in the following particulars: a) Plaintiff failed to take note of the then existing conditions and conduct herself accordingly; b) Plaintiff failed to proceed in a reasonable and attentive manner; and c) Plaintiff failed to wear appropriate footwear providing sufficient traction under the attendant circumstances. 20. Plaintiff's recklessness or negligence was the cause of her complained of incident; therefore, her claim should be barred or her damages reduced by the doctrine of comparative negligence as applied and interpreted under Pennsylvania law. See 42 Pa.C.S.A. §7102. 21. Wegmans alleged conduct was not a substantial contributing factor to Plaintiffs alleged accident and injuries. 22. Alternatively, the alleged condition for which the Plaintiff complains was open and obvious. 23. Plaintiff knowingly encountered the open and obvious condition for which she complains and assumed the risk of injury resulted from her failure to proceed with caution. WHEREFORE, Wegmans Food Markets, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiff together with an award of costs of suit. FITZPATRICK LENTZ&BUBBA,P.C. Dated: 7 f��I 1� By: c oseph S. 'Amico, Jr. I.D.No. 55645 4001 Schoolhouse Lane P. O. Box 219 Center Valley, PA 18034-0219 Phone: (610) 797-9000 Attorney for Defendant Wegmans Food Markets,Inc. 07:04:22 a.m. 07-10-2013 2/29 —VERIFICATION I, Paul S. Speranza, Jr., do hereby verify that I wn Vice Chairman, General Counsel and Secretary for Wegmans Food Markets,Inc.,and that I am authorized to make this Verification on its behalf and that the statements made in the foregoing document an true and correct to the best of my knowledge,information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904,relating to unworn falsification to authorities. WEGMANS FOOD MARKET-S,INC. DATED: PLI-S.Speranza,Jr. Vice Chairman,Generaluounsel and Secretary CERTIFICATE OF SERVICE I, Joseph S. D'Amico, Jr., attorney for the Defendant, do hereby certify that a copy of the within document has been served on all parties or their counsel of record via First Class, regular mail,at the following address: Timothy A. Shollenberger, Esquire Shollenberger&Januzzi, LLP 2225 Millennium Way Enola, PA 17025 FITZPATRICK LENTZ&BUBBA, P.C. 1 DATED: i J BY: c l Aseph S.D'Amico,Jr. I.D.No. 55645 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Phone: 610-797-9000 Attorney for Defendant Wegmans Food Markets, Inc. s F iji-•F10E SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way 7013 JUL 22 PH 2' 21 Enola, Pennsylvania 17025 cUMBBLAND COUNTY Telephone Number: (717) 728-3200 pE&dt sYLVANIA Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW l Defendant JURY TRIAL DEMANDED l STIPULATION Al AND NOW, this b day of , 2013, the parties to this action hereby stipulate and agree as follows. 1. The caption in this matter will be amended to remove the William G. Miller as a Plaintiff. By: t y hollenberger, Esquire Attorney for Plaintiff BY: se h D'Amico, Esquire A rney for Defendant, We ans Food Markets, Inc. t n O THE PR0T(0Fjq0'TAR ,' SHOLLENBERGER & JANU77I, LLP 2013 �� ?2 PH +, i 2225 Millennium: Way ��11`fiBERI.G�g COUNTY Enola, Pennsylvania 17025 �'�N L YLD COU Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil I WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, Barbara Miller, by and through her attorneys SHOLLENBERGER &-JANUZZI, and files this Reply to New Matter of Defendant, Wegmans Food Markets, Inc., respectfully representing the following: 13. Paragraphs 1 through 12 of the Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 14. The above referenced averment is a conclusion of law to which no answer is required. To fhe extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 15. The above referenced averment is-a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 16. The above referenced averment is a conclusion of law to which no answer is required. To t'he extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 17. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 18. The above referenced averment is a conclusion of law to which no answer Q is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 19. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 20. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 21. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 22. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). 23. The above referenced averment is a conclusion of law to which no answer is required. To the extent an answer is required; same is denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, the Plaintiff respectfully request that the Defendant's New Matter be dismissed and judgment entered in favor of the Plaintiff as a matter of law. Respectfully Submitted, SHOLLENBERGER & JANUZZI, LLP Attorneys for the Plaintiff By: i o ftShollenberger Attorney I.D. 34343 Date: 2.01 141Y 4 , SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER.and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIF"ICATE OF`SERVICE AND NOW this day of July, 2013, I hereby certify that I have served the foregoing Plaintiff's Reply to Defendant's New Matter on the following by forwarding a true and correct:copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire i Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 By: y . Sh lenberger, Esquire SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED ORDER And now, this 2 day of , 2013, pursuant to the Stipulation, entered into between the parties, Plaintiff is hereby permitted to amend the caption to remove William G. Miller, as a Plaintiff. The caption shall read Barbara Miller, Plaintiff v. Wegmans Food Markets, Inc. J. Thomas A. Placey Distribution: Common Pleas Judge Timothy A. Shollenberger, Esquire vghollenberger&Januzzi, LLP 2225 Millennium Way Enola, Pa 17025 • d • r_ oseph S. D'Amico, Esquire S \ �1 -mo=w f hl Fitzpatrick, Lentz and Bubba l' -.`.r,-} 4001 Schoolhouse Lane • Stabler Corporate Center � (1-)1 1.: Center Valley, PA 18034 i" --_ 4c , u� C c cc, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—LAW BARBARA MILLER and • No. 13-3066 Civil WILLIAM G. MILLER, • Plaintiffs • • WEGMANS FOOD MARKETS, INC., • :>C) Defendant : w c=3 5 - ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant, Wegmans Food Markets, Inc., and certify that I am authorized to do so. Fitzpatrick Lentz &Bubba, P.C. Date:V48 By: d•ph S. D'Amico, J . Attorney I.D. No. 55645 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 Attorney for Defendant Wegmans Food Markets, Inc. l IL„ SHOLLENBERGER & JANUZZI, LLP 2!3 OCT I I pH 12: 2225 Millennium Way OUNIBERLAND Ca ire 7 .,j, Enola, Pennsylvania 17025 PENNSYLVANIA' Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER and WILLIAM G. IN THE COURT OF COMMON PLEAS MILLER, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of October, 2013, I hereby certify that I have served the within Plaintiffs Answers to Defendant's Interrogatories on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 By: • othy A. Shollenberger, sq ire 1 t f '. 1't\- SHOLLENBERGER & JANUZZI, LLP 1 ; 2225 Millennium Way 111 CBET Enola, Pennsylvania 17025 FCUgl*RL; I •i� U (° Telephone Number: (717) 728-3200 PENNS 'LVMNIA Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this day of October, 2013, I hereby certify that I have served the Y Y Y within Plaintiffs Response to Defendant's Request for Production of Documents on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 8034-0219 By: 'mothy A. S olle'b-rger, Esquire 11 � s1 tr SHOLLENBERGER & JANUZZI, LLP vi', -Z t`' 2225 Millennium Way Enola, Pennsylvania 17025 � �'A�R Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE And now, this day of P'2013, I hereby certify that a copy of the foregoing Notice of Deposition of Josh left has been served upon the following, via U.S. Mail: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 180 -0219 By: mothy A. Sho enberger, Esquire SHOLLENBERGER & JANUZZI, LLP e 3 DEC P{ L' 2225 Millennium Way Enola, Pennsylvania 17025 CMCE1;L ;l' D COW 'r' Telephone Number: (717) 728-3200 EN'r4HS''i'LVA WA Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing And now, this day of kr N Y Y pY Notice of Deposition of Karolyn Kane has been served upon the following, via U.S. Mail: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 180 4-0219 By: % / 'thy A. olle --=rg , s• •re SHOLLENBERGER & JANUZZI, LLP r t F 2225 Millennium Way 2: 30 Enola, Pennsylvania 17025 11' is t 't C 0 Telephone Number: (717) 728-3200 ' L' i5'rlt/r, �� Fax Number: (717) 728-3400 Attorneys for Plaintiff BARBARA MILLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 13-3066 Civil WEGMANS FOOD MARKETS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 26f,t And now, thi a of W013, I hereb certif that a copy of the foregoing Y hereby certify Notice of Deposition of An Seifert has been served upon the following, via U.S. Mail: Joseph S. D'Amico, Jr., Esquire Fitzpatrick Lentz & Bubba 4001 Schoolhouse Lane P.O. Box 219 Center Valley, PA 18034-0219 By: 4s/A/VA ,,�j/ e rimer ' ..uire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW BARBARA MILLER, v. WEGMANS FOOD MARKETS, INC., Plaintiff No. 13-3066 Defendant (--) PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: The within suit is Settled, Discontinued, Ended and costs paid. X The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: DATE: WITNESS (If signer is other than a registered attorney): Timothy A. Shollenberger, Esquire Attorney or Notary Type or print name of above signer COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID, INCLUDING SHERIFF'S COSTS; AND HEREBY VERIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SEC. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TI' 0 Y A. SHO LENBERGER