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HomeMy WebLinkAbout13-3772 V Supreme C°ui of`Pennsylvania C J "�� For Prothonotat , Use Onl o. f- Comrno Pleas v } / r ' I = it v_.er Uh Docket No: l s1, l Cum erland g3' County �� L 3 3 rJ� Pig The information collected on this form is used solely for court administration purposes. This form. does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S F1 Complaint 0 Writ of Summons ❑ Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Linda Hershey Ahold U.S.A. Inc and Giant Food Stores, LLC T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes 0 No (check one) ®outside arbitration limits O N Is this a Class Action Suit? 0 Yes X' No Is this an MDJAppeal? Yes E No A Name of Plaintiff /Appellant's Attorney: Karl E. Rominger, Esqquire D Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) 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 J Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment O Motor Vehicle ❑ Debt Collection: Other Q Board of Elections Nuisance M Dept. of Transportation -i Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include mass tort) ®Employment Dispute: E 0 Slander/Libel/ Defamation Discrimination C fix; Other: Employment Dispute: Other 0 Zoning Board , Personal Injury ( Other: I 0 Other: O MASS TORT Asbestos N 0 Tobacco G Toxic Tort - DES J Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment n Common Law /Statutory Arbitration B 0 Other: Cs Eminent Domain /Condemnation w ] Declaratory Judgment 0 Ground Rent Mandamus ® Land I ord/Ten ant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY a Mortgage Foreclosure: Commercial ® Quo Warranto fJ Dental 0 Partition - Q Replevin F Legal ❑ Quiet Title Other: L=! Medical Other: f Other Professional: Updated 1/1/2011 LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED -„� Z3 rrt Q0 C_ -� -7 PRAECIPE FOR WRIT OF SUMMONS �� rte - 01 :�0 6 -<> -�. c:) To the Prothonotary: {' C:) - Please issue a writ of summons in the above captioned action. A C? c,.; Writ of Summons shall be issued and forwarded to Rominger & Associates Law Firm at 155 South Hanover Street, Carlisle, Pennsylvania 17013. Dat : Respectfully submitted, MINGER & ASSOCIATES Karl 4. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241 -6070 Supreme Court ID #81924 WRIT OF SUMMONS To The Above Named Defendants: Ahold U.S.A. Inc. a/k/a/Giant Food Stores, LLC 1149 Harrisburg Pike Carlisle, PA 17013 0.3 eO l �f Giant Food Stores LLC . 67 1149 Harrisburg Pike �- a 9 Z S Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. - 'Cz:� onotar Date: By: 1 Deputy , �+ F:\FILES\Clients\9500 MAC\9500.Curent\9500.642\9500.642.pral.wpd Revised: 7/22/13 10:08 AM George B. Faller, Jr., Esquire r`;L 1"it--"'j F i I.D. Number 49813 _ F' t i H U �', �' R. Christopher VanLandingham, Esquire I.D. Number 307424 � �_ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-3772 CIVIL ACTION - LAW AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendants in the above matter and issue a rule upon the Plaintiff to file a Complaint within twenty (20) days from service thereof or suffer judgment of non pros. Defendants hereby demand a twelve juror jury trial in the above captioned action. MARTSON W rE S -By George B. Faller, Jr., Esquire I.D. No. 49813 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7/22/13 Attorneys for Defendants RULE AND NOW,this C -J aday of 'TI , 20t l;a Rule is issued upon the Plaintiff Taint within twenty to file a Comp 20 days( ) from service hereof. Prothonotary ""� a� M CERTIFICATE OF SERVICE I,Nichole L.Myers,an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle,PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire ROMINGER&ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7/22/13 LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER E2 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEP. 1 r.. Cumberland County Bar Association uo 32 South Bedford Street - Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, LINDA HERSHEY, by and through her attorney Lee Mandarino, Esquire, and avers in support of her complaint as follows: INTRODUCTION 1. This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania due to the negligence of Defendants, AHOLD U.S.A, INC. AND GIANT FOOD STORES, LLC (hereinafter"Giant"). 2. It is alleged that the Defendants did allow a puddle of water to gather in their store in the area of the registers, creating a hazard of slip and falls. 3. Plaintiff, Linda Hershey, did slip and fall on said hazard suffering bodily injuries. PARTIES 4. Plaintiff, Linda Hershey, is an adult individual residing at 26 Lurgan Avenue, Shippensburg, Franklin County, Pennsylvania 17257. 5. Defendant, Ahold U.S.A, Inc., is a foreign registered Corporation authorized to do business in the state of Pennsylvania, and the parent company of Defendant Giant Food Stores, LLC. 6. Defendant, Giant, is a foreign registered LLC authorized to do business in Pennsylvania. FACTS 7. Previous paragraphs are incorporated by reference as if fully set forth herein. 8. On July 3, 2011, Plaintiff Linda Hershey was shopping at Giant Food Store 6277, located at 7673 Lake Raystown Shopping Center, Huntingdon, Pennsylvania, 16652. 9. As Plaintiff was walking away from the registers toward the exit, she slipped on a puddle of water that was laying in the pathway in front of the registers. 10. As Plaintiff fell, she landed on her knees injuring the same, as well as suffering injuries to her back and shoulder. 11. There were no signs warning of the wet floor or warning of any other obstacles. .12. There were multiple employees in the vicinity of the puddle that made no attempts to clean the hazard or warn plaintiff of the hazard. 13. Defendant had ample opportunity to clean the puddle or warn the patrons of the hazard. COUNT I—NEGLIGENCE 14. Previous paragraphs are incorporated by reference as if fully set forth herein. 15. The occurrence of the aforementioned incident and the resultant injuries to Plaintiff, Linda Hershey, are the direct and proximate result of the negligence of Giant Food Stores, LLC, as set forth below: a. In Failing to maintain the pathway adjacent to the entrance of Giant in a safe condition to insure that the Plaintiff or any other patrons would not be caused to slip and fall as a result of obstacles or hazards which existed and which were known or should have been known to the Defendants by proper inspection of the premises; b. In failing to remove or remedy any obstacles or hazards from said pathway when they knew, or should have known that there would be heavy foot traffic due to the pathway's use as a route of ingress and egress to/from Giant; c. In failing to warn patients of a wet floor and resultant slipping hazard; and 16. As a direct and proximate result of the negligence of the Defendant, the plaintiff, Linda Hershey, has suffered injuries to her right knee,back and shoulder that required her to seek medical assistance. 17. As a direct and proximate result of the Defendant',s negligence, Plaintiff Linda Hershey has suffered great physical pain, discomfort and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional, and financial detriment and loss. 18. As a direct and proximate result of the Defendant's negligence, Plaintiff Linda Hershey has been compelled, in order to affect a cure for the aforesaid injuries, to spend money for medicine and/or medical attention, and may be required to expend money for the same purposes in the future, to her great detriment and loss. 19. As a direct and proximate result of the Defendants' negligence., Plaintiff Linda Hershey has been, and may in the future be, hindered from attending to her daily duties, to her great detriment, loss,humiliation, and embarrassment. 20. As a direct and proximate result of Defendant's negligence, Plaintiff Linda Hershey continues to suffer from pain in her right knee. 21. As a direct and proximate result of the Defendants' negligence, Plaintiff Linda Hershey has suffered a loss of life's pleasures, and will continue to endure the same in the future, to her great detriment and loss. 22. Plaintiff Linda Hershey believes and, therefore, avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Linda Hershey, seeks damages from Defendants in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interest and costs. Respectfully submitted, ROMINGER & ASSOCIATES Date: �JL e Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Lee Mandarino, Esquire, certify that I this day served a copy of the within Complaint upon the following by depositing the same in the United States Mail, postage pre-paid, via first class mail, addressed as follows: George B. Faller, Jr., Esquire Marston, Law Offices 10 East High Street Carlisle, PA 17013 Date: %� �3 Respectfully submitted, ROMINGER & ASSOCIATES Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiffs LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date• ���� FAFILES\Clients\9500 MAC\9500.Current\9500.642\9500.642.ansl.wpd Revised'. 9/10/13 10M AM George B. Faller, Jr., Esquire z rn r=y I.D. Number 49813 czr, ' -or—, R. Christopher VanLandingham, Esquire I.D. Number 307424 CD MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER > d MARTSON LAW OFFICES 3 10 East High Street -< 0-1 =f Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-3772 CIVIL ACTION - LAW AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: LINDA HERSHEY, Plaintiff, and her attorney, KARL E. ROMINGER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendants, Ahold U.S.A., Inc., and Giant Food Stores, LLC , by and through their attorneys,MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,and hereby responds to Plaintiff s Complaint as follows: 1. The averments of this paragraph constitutes a conclusion law to which no response is required. To the extent a response is required,it is denied that Ahold U.S.A.Inc.,is a proper party or that Defendant Giant Food Stores, LLC was negligent. 2. The averments in response to Paragraph 1 are hereby incorporated by reference. The remaining averments are denied pursuant to Pa. R.C.P. 1029(e). 3. Denied pursuant to Pa. R.C.P. 1029(e). 4. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. I 5-6. Admitted. 7. The averments of Paragraphs 1 through 6 are hereby incorporated by reference. 8-13. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. COUNT I -NEGLIGENCE 14. The averments in response to Paragraphs 1 through 13 are hereby incorporated by reference. 15-22. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 23. Plaintiff's Complaint fails to state a cause of action against Defendant Ahold U.S.A., Inc. 24. Ahold U.S.A., Inc., did not operate, possess or control the grocery store in which Plaintiff's accident occurred. WHEREFORE, Defendant demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. MARTSON LAW OFFICES By _� bA! � George B. 1%1ler, Jr., Esquire I.D. Number 49813 R. Christopher VanLandingham, Esquire I.D. Number 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: 9/10/13 VERIFICATION I,BRUCE ASTRACHAN,Manager,General Liability,on behalf of Giant Food Stores,LLC, acknowledge that I have the authority to execute this Verification on behalf of Giant Food Stores, LLC, and certify that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent that this Answer is based upon information which I have given to my counsel,it is true and correct and to the best of my knowledge,information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Giant F Stores, LLC Bruce Astrachan Manager- General Liability Dated: liq 13 F:\FILES\Clients\9500 MAC\9500.Current\9500.642\9500.642.ansl.wpd CERTIFICATE OF SERVICE 1, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire ROMINGER& ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES Iy Cckt(k Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/13/13 F LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Cn Defendant : JURY TRIAL DEMANDED =CD PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER ' AND NOW, comes Linda Hershey by and through her counsel, Lee Mandarino, Esquire . and provides the following Answer to Defendant's New Matter: 23. Defendant has stated a conclusion of law to which no response is required. Should a response be deemed required, the same is denied and strict proof of the same is demanded at trial. 24. Denied. Strict proof of the same is demanded at trial. Date: September 27, 2013 Respectfully submitted, ,ROMING R& ASSOCIATES Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Lee Mandarino, Esquire, certify that I this day served a copy of the within Answer to New Matter upon the following by depositing the same in the United States Mail, postage pre- paid,via first class mail, addressed as follows: George B. Faller, Jr., Esquire Marston, Law Offices 10 East High Street Carlisle, PA 17013 Date: September 27, 2013 Respectfully submitted, ROMINGER 4, ASSOCIATES Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff F:\FILES\Clients\9500 MAC\9500.Current\9500.642\9500,642.mot.compel I.wpd s I336( RS C f;:Revised: 11/18/13 9:13AM George Number r., Esquire D. 49813 E OTH ' `A 'r Seth T. Mosebey, Esquire I.D. Number 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 13-3772 : CIVIL ACTION - LAW AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, • Defendants : JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL ANSWERS OF PLAINTIFF TO DEFENDANT'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendants Ahold U.S.A., Inc., and Giant Food Stores, LLC (collectively, "Defendants"), by their undersigned attorneys,Martson Law Offices,move this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Linda Hershey ("Defendant"), to answer Defendants' First Set of Interrogatories, and in support thereof state as follows: 1. In this case; Plaintiff filed a Complaint against Defendants alleging negligence as a result of a slip-and-fall at the Giant grocery store located in Huntingdon, Pennsylvania, on July 3, 2011. 2. On August 23, 2013, Defendants served Plaintiff with a First Set of Interrogatories and a Request for Production of Documents. 3. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff had thirty(30)days in which to provide answers to the written discovery to Defendants. 4. Plaintiffs answers to Defendants' discovery were due on or before September 22, • 2013. • 5. On October 7,2007,Defendants sent correspondence to Plaintiff's counsel requesting an update on the status of discovery. 6. Thereafter, Plaintiff's counsel contacted counsel for Defendants' and stated that Defendants would receive answers to the discovery by October 23, 2013. 7. Defendants'counsel followed up again with Plaintiff's counsel on November 7,2013. 8. To date,Defendants have still not received answers to the discovery that was served on August 23, 2013. 9. Plaintiff's counsel does not concur with the relief requested in this Motion. 10. No Judge has previously ruled on any other matter in this case. WHEREFORE, Defendants respectfully request that this Court enter an Order compelling Linda Hershey to respond fully to Defendants' outstanding Interrogatories and Request for Production of Documents within ten (10) days of the date of the Order, along with payment of Defendants' reasonable attorney's fees for preparing and presenting its Motion to Compel under penalty of further sanctions pursuant to Pa.R.C.P. 4019. MARTSON LAW OFFICES B `) ` Y George B. Faller, Jr., Esquir I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: November 18, 2013 i „ e CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Lee Mandarino, Esquire ROMINGER& ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES By fd1W-PaArk Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 18, 2013 Lj T " 'lf'0 i i , U George B. Faller, Jr., Esquire 114 I.D. Number 49813 L313 OY 25 AM 11: � ! Seth T. Mosebey, Esquire I.D. Number 203046 "UMBERLAIND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERENN5YLVANIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 13-3772 CIVIL ACTION - LAW AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, Defendants JURY TRIAL DEMANDED ORDER AND NOW,this�fday of l✓e-rA IW , 2013,upon consideration of Defendants' Motion to Compel Answers to Defendants' First Set of Interrogatories and Request for Production of Documents, it is hereby ORDERED that Linda Hershey shall� t�r Cfullysof"endants' First Set of Interrogatories and Request for Production of Documents within tenrtt"b) days hereof, under penalty of further sanctions, along with payment of Defendants' reasonable attorney's fees for preparing and presenting its Motion to Compel. BY THE COURT: J. Distribution: /George B. Faller, Jr., Esquire /Lee Mandarino, Esquire 21G� r F:\FILES\Clients\9500 MAC\9500.Current\9500.642\9500.642.mot.compel2.wpd Revised: 11/7/14 7:11 AM • George B. Faller, Jr., Esquire I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants .f" ILEU-OF F ICS:._ CiF T} -LP .0TH0ia0ii 2614 NOV -1 hM 9:.13 CU PE N4 YL�VAN ACOUNTY LINDA HERSHEY, Plaintiff v. AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-3772 : CIVIL ACTION - LAW : •JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR SANCTIONS TO COMPEL FULL AND COMPLETE ANSWERS OF PLAINTIFF TO DEFENDANTS' FIRST SET OF INTERROGATORIES Defendants Ahold U.S.A., Inc., and Giant Food Stores, LLC (collectively, "Defendants"), by their undersigned attorneys, Martson Law Offices, move this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Linda Hershey ("Plaintiff"), to supplement her answers to Defendants' First Set of Interrogatories, and in support thereof state as follows: 1. In this case, Plaintiff filed a Complaint against Defendants alleging negligence as a result of a slip -and -fall at the Giant grocery store located in Huntingdon, Pennsylvania, on July 3, 2011. 2. On August 23, 2013, Defendants served Plaintiff with a First Set of Interrogatories and a Request for Production of Documents. 3. Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff had thirty (30) days in which to provide answers to the written discovery to Defendants. 4. Plaintiff's answers to Defendants' discovery were due on or before September 22, 2013. 5. When answers to Defendants' discovery were not forthcoming, Defendants filed a Motion to Compel Plaintiff to Answer discovery on November 18, 2013. 6. On November 25, 2013, The Honorable Albert Masland granted Defendants' previous Motion to Compel, giving Plaintiff 15 days to" [a]nswer fully Defendants' First Set of Interrogatories and Request for Production of Documents." A copy of Judge Masland's Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 7. Plaintiff then served answers to Defendants' initial written discovery on December 2, 2013. 8. Plaintiff's answers to Defendants' initial written discovery were incomplete. 9. In Defendants' Interrogatory No. 14, Defendants requested a full statement of Plaintiff's economic loss claimed to have been suffered as a result of the alleged slip-and-fall. A true and correct redacted copy of Defendants' First Set of Interrogatories is attached hereto as Exhibit "B" and is incorporated herein by reference. 10. In Plaintiff's answer to Interrogatory No. 14, she states that she "has incurred out of pocked medical expenses, specific amounts will be supplemented under separate cover." A true and correct copy of Plaintiffs Answer to Interrogatories is attached hereto as Exhibit "C" and is incorporated herein by reference. 11. On March 3, 2014, counsel for Defendants requested an itemization of special damages. A true and correct copy of the correspondence dated March 3, 2014, is attached hereto as Exhibit "D" and is incorporated herein by reference. 12. To date, Defendants have received neither a response to their correspondence nor an itemization of the special damages claimed by Plaintiff. The requested information is simply asking for the amount of recoverable medical bills and wages. 13. Pursuant to Pa. R.C.P. No. 4006, Plaintiff's Answer to Defendants' Interrogatories were required to be answered fully and completely. 14. Pursuant to Pa. R.C.P. No. 4007.4, Plaintiff has a duty to supplement her responses to Defendants' Interrogatories. 15. Because Plaintiff has failed to either fully and completely answer Defendants' Interrogatories or supplement her Answer in accordance with the Pennsylvania Rules of Civil Procedure, Defendants have been unable to properly evaluate the case. 16. Pa. R.C.P. No. 4019 provides the court with authority to impose sanctions upon a party for failure to sufficiently answer written interrogatories. 17. Pursuant to Pa. R.C.P. No. 4019(c), the court may, among other things, enter an order refusing to allow the disobedient party to support designated claims or prohibiting such party from introducing into evidence designated documents or evidence of physical or mental condition. 18. Defendants request that this Court enter an order a. 'refusing to allow Plaintiff to support any claim for lost wages, lost earning capacity, out-of-pocket expenses or recoverable medical expenses; and b. refusing to allow Plaintiff to enter evidence of her physical and mental condition. 19. Counsel for Defendants provided a copy of this Motion to Plaintiff's counsel of record, and Plaintiffs counsel does not concur with the relief requested in this Motion. 20. Judge Masland ruled on the previous Motion to Compel in this matter. WHEREFORE, Defendants respectfully request that this Court enter an Order (a) refusing to allow Plaintiff to support any claim for lost wages, lost earning capacity, out-of-pocket expenses or recoverable medical expenses and (b) refusing to allow Plaintiff to enter evidence of her physical or mental condition, along with payment of Defendants' reasonable attorney's fees for preparing and presenting its Motion to Compel under penalty of further sanctions pursuant to Pa.R.C.P. 4019. MARTSON LAW OFFICES George B. Faller, Jr., E I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Date: November 7, 2014 1 I, •♦ George B. Faller, Jr., Esquire I.D. Number 49813 Seth T. Mosebey, Esquire I.D. Number 203046 • ii -EO Itf i iCL THE Pf OTHO,NO iial� 2013 NOY 25 AM 11: 21 CUMBERLAND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEIRENNSYLVANIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, Plaintiff v. AHOLD U.S.A. INC., and GIANT FOOD STORES,LLC, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-3772 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER !O AND NOW, this 017 day of Mr ✓E w► `L✓ , 2013, upon consideration of Defendants' Motion to Compel Answers to Defendants' First Set of Interrogatories and Request for Production of Documents, it is hereby ORDERED that Linda Hershey shall ps}ivpr fully eodants' First Set of Interrogatories and Request for Production of Documents within ten-(iO) days hereof, under penalty of further sanctions, along with payment of Defendants' reasonable attorney's fees for preparing and presenting its Motion to Compel. Distribution: 7George B. Faller, Jr., Esquire /Lee Mandarino, Esquire eop; e5 Wiz,*(ed i11 //3 g -/4P BY THE COURT: Exhibit "A" 1 41101:, RECYCLED PAPER Its Of RECYCLABLE Exhibit B F.TILES Client 0500 MAC.9500 Cuercrit \ 9500 642 \ 9500 612 int 1 wpd Revised. 8(22/13 ):39PM George B. Faller, Jr., Esquire I.D. Number 49813 R. Christopher VanLandingham, Esquire I.D. Number 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .---_;• ' Li v. : NO. 13-3772 —a AHOLD U.S.A. INC., and GIANT FOOD STORES, LLC, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF TO: LINDA HERSHEY, Plaintiff, and her attorney, KARL E. ROMINGER, ESQUIRE Enclosed are Interrogatories propounded by Defendant to be answered under oath by the aforesaid Plaintiff pursuant to Pa. R.C.P. No. 4005, within thirty (30) days from the date of service hereof. A copy of said Answers shall be served upon counsel for Defendant at the address below. These Interrogatories shall be deemed to be continuing Interrogatories and if, between the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone acting in your behalf learn of any further information not contained in your said Answers, you shall promptly furnish said information to the undersigned by supplemental answers. As used herein, the words "accident" or "occurrence" refer to the event or events described in your Complaint and all related events and circumstances. The word "you" or "your" includes your attorneys, representatives, insurers, and all others purporting to act on your behalf. Unless otherwise specified, response to the following Interrogatories shall give the requested information for the period from July 3, 2012 to the present (hereinafter sometimes referred to as the "time period"). Exhibit "B" It is hereby certified that a true and correct copy of these Interrogatories was mailed to counsel for the Plaintiff on this date by the undersigned. MARTSON LAW OFFICES 7 r-1, By George B. FaIlPr, Jr., Esqui Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: 8/23/13 Interrogatory No. 1 Do you contend that the Plaintiff was a trespasser, a licensee or invitee? Please identify all facts which would support your allegations concerning the status of the Plaintiff. ANSWER: Interrogatory No, 2 Did you observe the alleged dangerous condition prior to the fall described in the Complaint? If so, please describe. If not, please identify why the condition was not observed. ANSWER: Interrogatory No, 3 State your full name, any aliases, prior names, nicknames, your social security numbers, date of birth, and place of birth. ANSWER: e Interrogatory No. 4 State the addresses at which you resided during the period five (5) years prior to the said occurrence, and to the present time, setting forth the periods of residence at each address. ANSWER: Interrogatory No. 5 Have you ever been involved in any other legal action for personal injury or property damage, either as a Plaintiff or Defendant? If so, state: (a) The date and place each such action was filed, giving the name of the court, the identity of the other party or parties involved, the number of such action, and the identity of the attorneys representing each party; (b) A description of the nature of such action; and Q The result of each such action, whether there was an appeal, and the result of the appeal. ANSWER: Interrogatory No. 6 Exactly what kind of work, services and duties did you perform during the five (5) year period prior to the said occurrence? ANSWER: 11 Interrogatory No. 7 State the names and addresses of your employers during the period of five (5) years prior to the said occurrence and state the sums paid by each of said employers to you as wages, salary, bonuses, commissions, tips or other compensation (before payroll deductions) during each of said five (5) calendar years. List the same information to the present time. ANSWER: Interrogatory No. 8 Since the date of said occurrence have you engaged in one or more gainful occupations? If so, state: (a) The names and addresses of your employers and the dates between which you worked for each such employer; (b) The nature of the work in each such occupation and the wage or salary received by you in each such occupation; If you were self-employed or a partner since the said occurrence, state the nature of your business or professional activity. ANSWER: Interrogatory No. 9 For each health care practitioner Plaintiff has seen since the date of the accident (whether in connection with the injuries suffered in the accident or not), provide the identity of same, the purpose of seeing practitioner, the number and inclusive dates of each visit, a description of all medication recommended or prescribed, a description of any treatment received or recommended, a listing of any charges incurred and the identity of the person or entity paying same if not Plaintiffs. ANSWER: Interrogatory No. 10 Identify any health care practitioner that you have seen for ten (10) years prior to the incident in question, including but not limited to, your family physician and give the name and address of each, ANSWER: Interrogatory No. 11 State whether, as a result of the said occurrence, you required any medical or vocational rehabilitation services; that is, services necessary to reduce disability and to restore the physical, psychological, social and vocational functions, including but not limited to: medical care, diagnostic and evaluation procedures, physical and occupational therapy, other necessary therapies, speech pathology and audiology, optometric services, nursing care under the supervision of a registered nurse, medical social services, vocational rehabilitation and training services, occupational licenses and tools, and transportation necessary to secure such services. If so, state fully: The names and addresses of all medical, rehabilitation facilities, hospitals and/or clinics at which you were examined or attended; the names and addresses of all individuals and physicians who attended or examined you; the date of each treatment; and a description of the treatment received. ANSWER: Interrogatory No. 12 State fully all the injuries you claim to have suffered in or as a result of the said occurrence. ANSWER: Interrogatory No. 13 As to the injuries mentioned in Interrogatory No. 12, have you ever experienced or been treated for the same or similar conditions? If yes, please describe the nature and extent of the prior condition. ANSWER: Interrogatory No. 14 State fully all elements of economic loss, and the dollar value thereof, that you claim to have suffered in or as a result of the said occurrence. As part of your answer, state specifically, any claims for loss of income, past, present and future, explain how that was computed, and provide the inclusive dates of all time lost from work, whether full time or part time. ANSWER: Interrogatory No. 15 If you still suffer pain from any of your injuries and conditions resulting from the incident, state specifically the frequency and nature of the pain and the injuries or conditions from which it emanates. ANSWER: Interrogatory No. 16 What future reasonable and necessary professional medical treatment and/or care do you claim you will require as a result of the said occurrence? ANSWER: Interrogatory No. 17 Was any inspection or investigation made of the accident or accident scene by you or by anyone acting on your behalf after the accident? If so, then for each such inspection, kindly state furt (a) The date and time it was made; (b) The name, address and employment of the person who made it; Q The date and present custodian of any report concerning the inspection or investigation; (d) The identity of all persons interviewed as part of the inspection or investigation; and (e) A description of any exhibits, including, but not limited to, photographs or drawings prepared in connection with the investigation or inspection. ANSWER: her: Interrogatory No. 18 Please identify each of your employers, state the inclusive dates of employment and your gross and net earnings on a weekly or monthly basis for the period beginning five years before the accident to and including the present. With respect to each such employment, please describe your job duties and responsibilities. ANSWER: Interrogatory No. 19 If you have filed a Federal, State or Local Income Tax return for any of the five calendar years preceding the accident or any year since, please state whether copies were kept or subsequently obtained, and, if so, identify every person who has, or at any time had, a copy of same. Alternatively to an answer, you may attach complete copies of each return as filed, to include, without limitation, all schedules, W-2, 1099's and other attachments. ANSWER: Interrogatory No. 20 State whether you have been unable to perform satisfactorily all duties required of you in your employment and all activities of daily living since the date of the said occurrence, indicating with particularity those duties and activities you were unable to perform and the names and addresses of all persons having knowledge of such, including your supervisors, fellow employees, family, friends and the like. State further the identity of any physician who has advised you concerning the limitations or duration of any such disability. ANSWER: Interrogatory No. -21 Please itemize Plaintiff's medical bills, incurred as a result of said occurrence, by identifying the healthcare provider, service rendered, date(s) of service and amount billed. ANSWER: Interrogatory No. 22 For each medical bill identified in the answer to Interrogatory #21 above, list the name, address and policy number of each third -party payor, including Plaintiffs medical insurance carrier, and itemize the amount(s) paid to each medical provider. ANSWER: Interrogatory No. 23 For each medical bill identified in answer to Interrogatory #21 above, please itemize the amount(s) paid by Plaintiff directly to the medical providers listed in Interrogatory #21. ANSWER: Interrogatory No. 24 For each medical bill identified in answer to Interrogatory #21 above, please itemize the medical bills with respect to which you have evidence that the healthcare provider did not accept the insurance payment in full satisfaction of the bill. ANSWER: Interrogatory No. 25 Please identify each person you expect to call as an expert witness at trial and state the subject matter on which each person is expected to testify. ANSWER: Interrogatory No. 26 As to each person identified in your answer to the preceding interrogatory, please state the substance of the facts and opinions to which he is expected to testify and the grounds for each opinion. * Signature of Expert *A report, personally signed by your expert, may be furnished in lieu of your answer to this interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space above the date of each such report and the persons by whom they were prepared. Interrogatory No. 27 Identify every person known to you who claims to have seen or heard any of the parties make any statement or statements pertaining to any of the events or happenings alleged in the pleadings. ANSWER: Interrogatory No. 28 Identify every person known to you, who you believe may have knowledge concerning: (a) The happening of the accident; (b) Any fact or circumstance pertaining to the accident; or The conditions at the scene at, or immediately before or after, the time of the accident. ANSWER: Interrogatory No. 29 Identify each person you intend to call as a non -expert witness at the trial of this case and the substance of the facts to which each witness is expected to testify. ANSWER: Interrogatory No. 30 Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portion of this trial. ANSWER: Interrogatory No. 31 Have you, your attorney, or any representative of you or your company entered into or been a party to any releases, stipulations, understandings or agreements regarding your liability for the claims which have been made in this case? ANSWER: Interrogatory No. 32 Have you ever been convicted or pled guilty to a crime? If so, list the court, the offense and the date of the conviction or guilty plea. ANSWER: Interrogatory No, 33 Have you ever, either prior to or after the accident, made a claim for a personal injury or worker's compensation? If so, describe the circumstances surrounding the claim including the name of the party against whom the claim was made and their insurance company. ANSWER: COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF Linda Hershey, being duly sworn according to law, depose and say that the facts set forth in the foregoing Answers to Interrogatories are true and correct. Sworn to and subscribed before me this day of Linda Hershey Notary Public CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Defendants' First Set of Interrogatories Directed to Plaintiff was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 MARTSON LAW OFFICES BY Lk.. Cn(..� Nichole L. Myers J Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 8/23/13 0* aca CLEO PAfl , y \ It. a FaCtC1ABLE r LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO: 13 -3772 AHOLD U.S.A. INC and GIANT FOOD STORES LLC Defendant : JURY TRIAL DEMANDED ANSWER TO INTERROGATORIES ADDRESSED TO PLAINTIFF FROM DEFENDANT . ANSWER: Plaintiff contends that she was an invitee as she was a customer at the Giant Food Store when the incident occurred. 2. ANSWER: Plaintiff did not observe dangerous conditions prior to the slip and fall. Plaintiff did observe puddle of water after the fall and the floor was soaking wet. ANSWER: Linda D. Hershey Linda D. Strohm ( prior married name Nickname: Lin SSN. DOB: Place of Birth: Red Bank, NJ 4. ANSWER: 8133 Scenic Drive, Shippensburg, PA 17057 —(At the time of accident) (After the accident) 110 South Earl Street, Shippensburg, PA 17057, 480 Beechtree Street, Shippensburg, PA, (Present) 26 Lurgan Avenue, Shippensburg, PA 17057 Exhibit "C" u 5. ANSWER: NONE 6. ANSWER: School Bus Driver 7. ANSWER: Objection, Irrelevant. Plaintiff has not missed any work due to her injuries and is not seeking damages for lost wages or loss of earning capacity, and therefore Interrogatory is irrelevant. 8. ANSW ER: See Answer to Paragraph 7. 9. ANSWER: See medical records from Hershey Medical Center, Chambersburg Orthopedic, Shippensburg Physical Therapy and Shippensburg Pain Clinic. 10. ANSWER: Dr. Wellman (Family Doctor) Dr. Holmes, Hagerstown, MD. Plaintiff reserves the right to supplement this Interrogatory. 11. ANSWER: Shippensburg Physical Therapy, 200 S Fayette St #101 Shippensburg, PA 17257 12. ANSWER: Injuries to both knees and lower back. 13. ANSWER: No 14. ANSWER: Plaintiff has incurred out of pocket medical expenses, specific amounts will be supplemented under separate cover. Plaintiff reserves the right to supplement this Interrogatory. 15. ANSWER: Plaintiff still suffers pain in her right knee, takes pain medication daily. Plaintiff still suffers pain in her lower back on a weekly basis. Plaintiff reserves the right to supplement this Interrogatory. 16. ANSWER: Plaintiff will require continued physical therapy for her right knee and possibly a knee replacement in the future. 17. ANSWER: None that Plaintiff is aware of. 18. ANSWER: See answer to Interrogatory #7. 19. ANSWER: Plaintiff objects to the Interrogatory. Interrogatory is irrelevant, Plaintiff is not seeking a lost wages claim. 20. ANSWER: Plaintiff is unable to perform her daily activities due to the injuries suffered. Plaintiff is unable to go up and down stairs, is unable to run and has continuing pain when she walks. Plaintiff has also had to quit coaching little league softball, an activity which gave her great enjoyment. 1)00t) )2 21. ANSWER: Plaintiff is gathering records and will supplement under separate cover. 22. ANSWER: Capital Blue Cross, PPO, Policy k : Group# Plaintiff reserves the right to supplement the answer to this interrogatory. 23. ANSWER: Plaintiff will supplement under separate cover. 24. ANSWER: None known at this time, Plaintiff reserves the right to supplement. 25. ANSWER: No expert identified at this time. Plaintiff reserves the right to supplement this Interrogatory. 26. ANSWER: No expert identified at this time. Plaintiff reserves the right to supplement this Interrogatory. 27. ANSWER: Plaintiff. Store employees apologized to Plaintiff, the names of said employees are unknown to Plaintiff. 28. ANSWER: Plaintiff. Brian Hershey, Plaintiff's Husband witnessed the fall. 29. ANSWER: Plaintiff will testify to falling and the conditions of the floor at the time of the fall. Plaintiff's husband will testify to the same as Wife. 30. ANSWER: Trial Exhibits have not been identified at this time. Plaintiff reserves the right to supplement this Interrogatory. 31. ANSWER: No. 32. ANSWER: Plaintiff objects to this Interrogatory. Interrogatory is irrelevant. 33. ANSWER: None. Date 1 DID7/5 Respectfully submitted, ROMINGER & ASSOCIATES Lee Mandarino, squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff u 0 3 .4. ' LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. AHOLD U.S.A. INC and GIANT FOOD STORES LLC : CIVIL ACTION - LAW : NO: 13 -3772 Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire, do hereby certify that I served a copy of the Answers to Interrogatories upon the following by HAND DELIVERY, at Carlisle, Pennsylvania, addressed as follows: George B. Faller, Jr., Esquire MARSTON LAW OFFICES 10 East High Street Carlisle, PA 17013 Date(/6 Respectfully submitted, RO INGER & SSOCIATES Lee Mandarino, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 312895 Attorney for Plaintiff oo Ir RECYCLED PAPER 116 4, RECt0AAEE Exhibit D M .itrSON DEARDORFF WILLIAMS OTTO ._I:ELROY 8z. FALLER MARTS O LAW OFFICES 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSLMILE (717) 243-1850 INTERNET wwwmartsonlaw.com March 3, 2014 Lee Mandarino, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 WILLIAM F. MARTSON DAVID A. FITZSIMONS JOHN B. FOWLER III CHRISTOPHER E. RICE DANIEL K. DEARDORFFt JENNIFER L. SPEARS THOMAS J. WILLIAMS* SETH T. MOSEBEY Ivo V. OTro III KATIE J. MAXWELL HUBERT X. GILROY AARON S. HAYNES GEORGE B. FALLER JR.* 'Bona. CERTIFIED CIVIL TRIAL SPECIALIST tBOARD CERTIFIED WORKERS' COMPENSATION SPECIALIST RE: Linda Hershey v. Ahold U.S.A. and Giant Food Stores, LLC No. 13 -3772 -Cumberland County C.C.P. Our File No. 9500.642 Dear Lee: We are writing to request an update on the status of your client's demand with regard to her claim against Giant Food Stores. To date, we have received neither a demand nor an itemization of special damages. Unless we receive this information by the end of the day on March 10, 2014, we intend to list this matter for arbitration. Please contact our office if you have any questions or wish to discuss this matter. Very truly yours, MARTSON LAW OFFICES GBF/nlm cc: Mr. Dipankar Ghose (094/130424) F:,.F[LES\Clients'\9500 MAC `9500.Current\9500.642'A500.642.Im5.wpd Geor:e B. Faller, J Exhibit "D" INFORMATION • ADVICE • ADVOCACY SM ale CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Motion to Compel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: November 7, 2014 Lee Mandarino, Esquire Monfredo & Mandarino 3300 Trindle Road Camp Hill, PA 17011 MARTSON LAW OFFICES BY. / V l�i� Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 LINDA HERSHEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AHOLD U.S.A. INC., AND GIANT FOOD STORES, LLC, DEFENDANTS : 13-3772 CIVIL TERM ORDER OF COURT gAd AND NOW, this day of December, 2014, upon consideration of Defendant's Motion to Compel and Plaintiffs response thereto, Plaintiff shall be accorded until January 30, 2015 to submit the requested items to Defendants. By the Court, Albert H. Masland, J. ee Mandarino, Esquire For Plaintiff ../George B. Faller, Jr., Esquire For Defendants sal cb fiz.LE.L apipi rr r -a 77* CTS rr3�-' 5C. CO -r, C