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HomeMy WebLinkAbout06-1781IN THE COURT OF COMMON PLEAS OF THE 30JUDICIAL DISTRICT OF PENNSYLVANIA - FRA*K R*-CCOUNTY BRANCH DEBORAH MENTZER., Plaintiff V. CIVIL ACTION - LAW NO: F.R. 2006 - 17r! Lc? T- Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant, Defendant PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriff, Courthouse Square, Carlisle, Pennsylvania 17013. Date: 7 L? Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Supreme Court ID# 81924 (717) 241-6070 WRIT OF SUMMONS To The Above Named Defendants: Arby's Restaurant Group, Inc. ARG, Inc. Arby's LLC Arby's Roast Beef Sandwich Inc. c/o Arby's Roast Beef Restaurant 6560 Carlisle Pike Mechanicsburg, PA 17055 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date. ?Vt.cc..,J"' ;? 7, .2-?V4- s , Prothono By:---Cf? C? -772<,at Deputy f7 - 'n C -1 4 d w, C h G! TS C? I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: regular mail rtified mail other / i By: RGOLIS EDELSTEIN Y: Carol Ann Murphy, Esquire Identification No.: 46958 he Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 Attorney for Defendants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef Restaurant MENTZER V. COURT OF COMMON PLEAS CUMBERLAND COUNTY IS RESTAURANT GROUP INC.; ARG, NO. 2006-1781 ; ARBY'S LLC D/B/A ARBY'S; IS ROAST BEEF SANDWICH INC; IS ROAST BEEF RESTAURANT ENTRY OF APPEARANCE AND JURY TRIAL DEMAND THE PROTHONOTARY Please enter our appearance on behalf of the endants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a 's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef staurant, in the above captioned case. Defendants, Arby's Restaurant Group, Inc. and Arby's, d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Beef Restaurant, demand a jury trial in the above case. of twelve, plus alternates demanded. MARGOLIS EDELSTEIN BY CAROL ANN MURPHY, ESQUfRE Attorney for Defendants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef Restaurant I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: _ regular mail certified mail other 't By: 1ARGOLIS EDELSTEIN 3Y: Carol Ann Murphy, Esquire Identification No.: 46958 -he Curtis Center, Fourth Floor Independence Square West ?hiladelphia, PA 19106-3304 (215) 922-1100 Attorney for Defendants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef Restaurant MENTZER V. COURT OF COMMON PLEAS CUMBERLAND COUNTY RBY'S RESTAURANT GROUP INC.; ARG, NO. 2006-1781 NC.; ARBY'S LLC D/B/A ARBY'S; RBY'S ROAST BEEF SANDWICH INC; RBY'S ROAST BEEF RESTAURANT PRAECIPE TO FILE COMPLAINT THE PROTHONOTARY: Please enter a Rule upon plaintiff to file a Complaint thin twenty (20) days hereof or suffer the entry of a Judgment Non Pros. MARGOLISEDELLSTEIN BY: (SE "-`°Lf 2 CAROL ANN MURPHY,/ESQUIRE Attorney for Defendants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef Restaurant RULE r,,T/O- FILE COMPLAINT AND NOW, this JP14 ay of 1f L ? , 2006, a Rule is granted upon plaintiff to filxa Complaint herein within (20) days after service hereof or suffer the entry of a t of Non Pros. 4 PRO0=HO OTARY CASE NO: 2006-01781 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER DEBORAH VS ARBY'S RESTAURANT GROUP INC ET MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARBYS RESTAURANT GROUP INC the DEFENDANT , at 0848:00 HOURS, on the 5th day of April 2006 at 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CORTNEY JORDAN, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 7.92 Postage .39 Surcharge 10.00 R. Thomas Kline .00 36.31 04/06/2006 ROMINGER BAYLEY WHARE Sworn and subscribed to before By: ° me this /qY day of Deput Sheriff d,m 1 A. D. Prothonotary w SHERIFF'S RETURN - REGULAR CASE NO: 2006-01781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER DEBORAH VS ARBY'S RESTAURANT GROUP INC ET MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon INC the DEFENDANT , at 0847:00 HOURS, on the 5th day of April 2006 at 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CORTNEY JORDAN, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00???C? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 04/06/2006 ROMINGER BAYLEY WAHRE Sworn and Subscribed to before By: me this jit day of Deputy Sheriff )-MUl A.D. Prothonotary A CASE NO: 2006-01781 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER DEBORAH VS ARBY'S RESTAURANT GROUP INC ET MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARBYS LLC D/B/A ARBYS the DEFENDANT , at 0847:00 HOURS, on the 5th day of April , 2006 at 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CORTNEY JORDAN ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs: So Answers: Docketing 6.00 Service .00? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 \.I" 04/06/2006 4 ROMINGER BAYLEY WHARE Sworn and Subscribed to before By: G me this Iq day of Dey?Gty Sheriff go-o(, A.D. Prothonotary CASE NO: 2006-01781 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER DEBORAH VS ARBY'S RESTAURANT GROUP INC ET MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARBYS ROAST BEEF SANDWICH INC the DEFENDANT , at 0847:00 HOURS, on the 5th day of April , 2006 at 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CORTNEY JORDAN, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 ? Affidavit .00 ? ° Surcharge 10.00 R. Thomas Kline .00 16.0 04/06/2006 ROMINGER BAYLEY WHARE ' Sworn and Subscribed to before By: 00 me this 0 day of Dep t iff ,M,,j an4 A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MENTZER DEBORAH VS ARBY'S RESTAURANT GROUP INC ET MARK CONKLINiW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon ARBYS ROAST BEEF RESTAURANT the DEFENDANT , at 0847:00 HOURS, on the 5th day of April 2006 at 6560 CARLISLE PIKE MECHANICSBURG, PA 17055 by handing to CORTNEY JORDAN ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00v'/?04/06/2006 ROMINGER BAYLEY WHARE Sworn and Subscribed to before By: me this 19 day of Deputy Sheriff ??^7 0 irU4 A.D. Prothonotary S VIARGOLIS EDELSTEIN 3Y: Carol Ann Murphy, Esquire dentification No.: 46958 Fhe Curtis Center, Fourth Floor ndependence Square West Ihiladelphia, PA 19106-3304 215) 922-1100 EBORAH MENTZER V. Attorney for Defendants, Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's and Arby's Roast Beef Sandwich, Inc. and Arby's Road Beef Restaurant COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBY'S RESTAURANT GROUP INC.; ARG, NO. 2006-1781 NC.; ARBY'S LLC D/B/A ARBY'S; ARBY'S ROAST BEEF SANDWICH INC; ARBY'S ROAST BEEF RESTAURANT STIPULATION TO AMEND CAPTION It is hereby agreed by and between the parties that the above-captioned after is amended to dismiss Arby's Restaurant Group, Inc.; ARG, Inc., Arby's LLC Arby's; Arby's Roast Beef Sandwich, Inc.,; Arby's Roast Beef Restaurant with udice and to substitute Sybra, Inc. d/b/a Arby's as a party. BY: KARL E. ROMINGER, ESQUIRE G` BY: CAROL ANN RPHY, ESQ RE C'3 29 ;?On w co MARGOLIS EDELSTEIN BY: Carol Ann Murphy, Esquire Identification No.: 46958 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 Attorney for Defendant, Sybra, Inc. d/b/a Arby's DEBORAH MENTZER COURT OF COMMON PLEAS CUMBERLAND COUNTY V. SYBRA, INC. d/b/a ARBY'S NO. 2006-1781 MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS ON BEHALF OF DEFENDANTS 1. This matter involves an alleged trip and fall at an Arby's. 2. Defendant served Interrogatories and Request for Production of Documents upon the Plaintiff on or about May 2, 2006 which were received by plaintiff on May 4, 2006. A true and correct copy of the certified signature card and correspondence of May 2, 2006 are attached hereto, incorporated herein and marked as Exhibits 1 and 2 respectively. 3. In order to properly evaluate this matter, Defendant needs to secure information from Plaintiff as to the alleged incident and any alleged injuries. 4. Despite promises from Plaintiffs counsel that discovery responses were forthcoming, no responses have been received to date. Accordingly, Moving Defendant respectfully requests this Honorable Court to grant its Motion to Compel and to order Plaintiff to respond to the Interrogatories and document request within 10 days. MARGOLIS EDELSTEIN BY6 Carol Ann Murphy Attorney for Defendant MARGOLIS EDELSTEIN BY: Carol Ann Murphy, Esquire Identification No.: 46958 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 DEBORAH MENTZER V. SYBRA, INC. d/b/a ARBY'S Attorney for Defendant, Sybra, Inc. d/b/a Arby's COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2006-1781 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL Pursuant the Rules of Civil Procedure, a party may serve Interrogatories and Request for Production of Documents upon a party. Pa.R.Civ.Proc. Rules 4005 and 4009.1. In this case, on or about May 2, 2006, Defendant served upon the Plaintiff Interrogatories and Request for Production of Documents. i Despite assurances that discovery responses were forthcoming, Plaintiff has failed to provide said responses. In order to properly evaluate this matter, Defendants need to secure said discovery responses. Pursuant to the Rules of Civil Procedure, a party may file a Motion to Compel. Pa.R.Civ.Proc. Rule 4019. Accordingly, Defendants file this Motion to Compel. Moving Defendants respectfully requests this Honorable Court to grant its Motion to Compel and to order Plaintiff to respond to said discovery request within 10 days. MARGOLIS EDELSTEIN (1 J BY -, Carol Ann Murphy Attorney for Defendant CERTIFICATE OF SERVICE: do hereby certify that service of a true and correct copy of the within Motion to Compel Answers to Interrogatories and Responses to Request for Production of Documents against Plaintiff was made via U.S. Mail Delivery on this date upon the following: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 MARGOLIS EDELSTEIN BY: CAROL ANN MURPHY, ESQUIRE Date: March 1, 2007 ¦ Complete Items 1, 2, and 3. Also complete A. Sign Item 4 if Restricted Delivery is desired. y? ?0 Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. eceived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, a or on the front if space permits. d r? < >o r D. Is delivery address different from item 17 ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No 1 7 3. S ice Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7004 2510 0003 3686 2809 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 EXHIBIT ATTORNEys AT LAW CAROL ANN MURPHY ESQUIRE www.margolfgolis edel elstein.com , DIRECT DIAL: (215) 931-5881 OUR FILE NO.: 5105010029 PHILADELPHIA OFFICE:* THE CURTIS CENTER, 4TH FLOOR 601 WALNUT STREET INDEPENDENCE SQUARE WEST May 2, 2006 PHILADELPHIA, PA 19106-3304 215.922.1100 FAX 215-922-1772 CERTIFIED MAIL HARRISBURG OFFICE:* RETURN RECEIPT REQUESTED 3510 TRINDLE ROAD 7004 2510 0003 3686 2809 CAMP Hu, PA 17011 717-975-8114 Karl E. Rominger, Esquire FAx 717-975-8124 1 55 South Hanover Street PA 17013 Carlisle PITTSBURGH OFFICE: , 525 WiuiA%l PENN PLACE SJ TE 3300 PA 15219 P TTSBURGH Re: Deborah Mentzer v ARBY'S RESTAURANT GROUP, , 412-281-4256 INC. AND ARBY'S, LLC D/B/A ARBY'S AND ARBY'S FAX 412-642-2360 INC. AND ARBY'S ROAD ROAST BEEF SANDWICH SCRANTON OFFICE , BEEF RESTAURANT ET AL. 220 PENN AVENUE Cumberland County, Court of Common Pleas, SUITE 305 NO: 2006-1781 SCRANTON, PA 18503 570-342-4231 FAx 570-342-4841 CENTRAL PENNSYLVANIA OFFICE Dear Mr. Rominger: ALLEGHENY PROFESSIONAL CENTER SUITE 303 of Appearance with Jury Trial lease find our Entr Enclosed 1798 OLD ROUTE 220 NORTH B 628 O P y p Demand and Praecipe and Rule to File Complaint, the originals of ox . . HO,-LIDAYSBURG, PA 16648 which have been duly filed of record. 814-695-5064 FAX 814-695-5066 In addition, I am enclosing a Request to Produce Under SOUTH NEW JERSEY OFFICE:* Rules of Procedure and Interrogatories addressed to your client. SENTRY OE?ICE PLAZA Kindly answer and return same. 216 HADDON AVEN JE, 2ND FLOOR P 0. Box 92222 WESTMONT, NJ 08108 Thank you for your courtesies. 856-8 58-72 00 Fax 856-858-1017 Very truly yours, NORTH NEW JERSEY OFFICE: CONNELL CORPORATE CENTER THREE HUNDRED CDWjFLL DRIVE SUIT[ 6200 BERKELEY HEIGHTS, NJ 07922 CAROL ANN MURPHY 908-790-1401 FAx 908-790-1486 DELAWARE OFFICE: CAM:mas 1509 GILPIN AVENUE Enclosures WILMiNGTON, DE 19806 302 777-4680 FAr302-777-4682 MEMBER cF `h HARr OI-E GFOUP E EXHIBR DEBORAH MENTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 2006-1781 SYBRA, INC d/b/a ARBY' S Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 Respectfully Submitted, Rominger & Associates Date: March 9, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff DEBORAH MENTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 2006-1781 SYBRA, INC d/b/a ARBY'S Defendant COMPLAINT AND NOW, comes the Plaintiff, Deborah Mentzer, through her counsel, Rominger & Associates, and respectfully files the following Complaint, and in support thereof avers the following: 1. Plaintiff, Deborah Mentzer, is an adult individual residing at 4 Dogwood Acres, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Sybra, Inc. d/b/a Arby's, (hereinafter "Arby's") is a duly licensed fast food restaurant with a corporate building at 1155 Perimeter Center West, Atlanta, Georgia 30338, with a place of business at 6560 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. At all times mentioned herein, defendant were in exclusive possession, management, and control of the restaurant, individually and through his employees who are acting within the course and scope of their employment by Defendant and in furtherance of defendant's business. 4. On or about January 2, 2005, plaintiff was a business visitor to the restaurant, and as she entered the store, there existed a rug upon the floor in the middle of the entrance way which caused plaintiff to slip, stumble, and fall, resulting in serious and permanent injuries as set forth below. 5. The accident was caused exclusively and solely by the defendant's negligence, carelessness, and reckless in that: A. Defendants causal or permitted a corner of a rug to flip up where it posed an unreasonable risk of injury to plaintiff and other business visitors; B. Defendants failed to make a reasonable inspection of the floor which would have revealed the existence of the dangerous condition posed by the corner which was facing up on the rug; C. Defendants failed to protect against the rug, by not placing an adhesive between the rug and the floor, or taking any other safety precautions to prevent injury to the plaintiff and other business visitors. D, Defendants failed to remove the rug from the floor when the rug became a dangerous condition to plaintiff and other business visitors. E. Defendants violated the ordinances of Silver Spring Township pertaining to the maintenance of retail restaurants. F. Defendants failed to give warning of the dangerous condition posed by the rug. G. Defendants had advertisers and other distracting media, designed to generate sales, which removed plaintiff's attention from the floor and surroundings, causing her to trip on the rug. 6. Solely as a result of the defendant's negligence, carelessness and recklessness, plaintiff sustained injuries to her lower back, and body; all of which injuries have caused plaintiff great pain and suffering, which may continue for an indefinite time in the future and may be permanent. 7. Solely as a result of defendant's negligence, carelessness and recklessness, plaintiff has and will in the future be obliged to expend monies for medicine and medical care in order to treat and help her injuries. 8. Solely as a result of defendant's negligence, carelessness and recklessness, plaintiff has and will in the future be unable to attend to her usual and daily duties and employment, to her financial detriment and loss. WHEREFORE, Plaintiffs respectfully request that this Honorable Court find in favor of the Plaintiff and against the Defendants, for an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully Submitted, Rominger & Associates Date: March 9, 2007 ICarl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff DEBORAH MENTZER, Plaintiff V. SYBRA, INC d/b/a ARBY' S Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 2006-1781 VERIFICATION I, Karl E. Rominger, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. Date l E. Rominger, Esquire DEBORAH MENTZER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 2006-1781 SYBRA, INC d/b/a ARBY' S Defendant CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the within Complaint by First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol Ann Murphy, Esquire Margolis Edelstein The Curtis Center, 0 Floor 601 Walnut Street Philadelphia, Pa 19106-3304 Respectfully Submitted, Rominger & Associates Date: March 9, 2007 I E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff w' C? c;a Q -?'t r ? C a .- a MARGOLIS EDELSTEIN BY: Carol Ann Murphy, Esquire Identification No.: 46958 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 Attorney for Defendant, Sybra, Inc. d/b/a Arby's DEBORAH MENTZER COURT OF COMMON PLEAS CUMBERLAND COUNTY V. SYBRA, INC. d/b/a ARBY'S NO. 2006-1781 AMENDMENT TO MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS ON BEHALF OF DEFENDANTS 1. There have been no previous motions filed or ruled upon in this matter. 2. The concurrence of opposing counsel of record was sought. See attached letters dated May 12, 2006 and February 20, 2007 respectively marked as Exhibits "A" and "B". No responses have been received to date. MARG LIS EDELSTEIN BY "-AA4 Carol Ann Murphy Attorney for Defendant .. FILLCCVY ?r Carol Ann Murphy Direct Dial: 215-931-5881 cmurphy(aD-mar.golisedelstein.com File No.: 51050.0029 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 May 12, 2006 Re: Deborah Mentzer vs. Arby's Restaurant Group, Inc. and Arby's, LLC d/b/a Arby's, et al. CCP, Cumberland County, No: 2006-1781 Dear Mr. Rominger: I thank you for your message concerning the number of Interrogatories concerning local rules. In light of your notice, I would request that plaintiff respond to Interrogatory Nos. 1 through 5, 6, and 8, Expert Interrogatory Nos. 1 and 2, and Interrogatory Nos. 34, 36, 38, 40, 41, 42, 43, 45, 46, 47, 48, 49 and 59 through 82. Thank you for your time and attention to this matter. Very truly yours, CAROL ANN MURPHY CAM:pw M:\M Di r\51050\0029\Rom inger.1.wpd Carol Ann Murphy Direct Dial: 215-931-5881 cmurphyAmargolisedelstein.com File No.: 51050.0-00029 February 20, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Re: Deborah Mentzer v. Sybra, Inc. d/b/a Arby's Dear Mr. Rominger: As you are well aware, I served a Rule to File Complaint and Interrogatories and Request for Production of Documents on the plaintiff via correspondence of May 2, 2006 which was received by your office on May 4, 2006. You requested and I complied with your request that I identify the Interrogatories to be answered by your client pursuant to local rules. I would refer you to my May 12, 2006 letter. I enclose a copy of said letter for your convenience. I note that we have spoken several times at which time I have been assured that the responses have been completed and are forthcoming. However, we are now nine months past original service of Rule to File Complaint and written discovery request. My client would like to move this matter forward. I have no way of evaluating this matter as I have neither a Complaint nor the plaintiff's discovery responses. Therefore, I have no choice but to move forward with filing a Notice for Judgment of Non Pros and a Motion to Compel discovery. If you are able to provide me with the Complaint and the written discovery responses, I will gladly withdraw the Motion and not proceed with judgment. I await to hear from. Thank you for your time and attention to this matter. Very truly yours, CAROL ANN MURPHY CAM:rbg encs. ,- CERTIFICATE OF SERVICE I d o h ereby c ertify t hat s ervice o f a true and c orrect c opy o f t he w ithin Amendment to Motion to Compel Answers to Interrogatories and Responses to Request for Production of Documents against Plaintiff was made via U.S. Mail Delivery on this date upon the following: Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 MARGOLIS EDELSTEIN BY: CAROL ANN MURPHY ESQUIR E Date: March 23, 2007 ra ? t u? tU 10 ?v .r W?s es 2Oo7V ? MARGOLIS EDELSTEIN BY: Carol Ann Murphy, Esquire Identification No.: 46958 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 Attorney for Defendant, Sybra, Inc. d/b/a Arby's DEBORAH MENTZER COURT OF COMMON PLEAS CUMBERLAND COUNTY V. SYBRA, INC. d/b/a ARBY'S NO. 2006-1781 RULE AND NOW, this S„ day of _ t4 ,e„) 2007, upon consideration of Defendant's Motion to Compel Answers to Interrogatories and Responses to Request for Production of Documents, it is hereby ORDERED that: (1) A Rule is issued upon the Respondent to show cause why Defendant is not entitled to the relief requested; n swer to t e o ion on nr befnrA 9 ? ? t+fto , ? z? s i , „ t• ?qV ! ? ? t '?? iE-'1 IARGOLIS EDELSTEIN Y: Carol Ann Murphy, Esquire lentification No.: 46958 he Curtis Center, Fourth Floor dependence Square West hiladelphia, PA 19106-3304 !15) 922-1100 YOU ARE Hf f., TO THE Nt?tiH- ,i n 10 Pt.EAU F;!(:!(??:f t cic I ? rr«Kin T" 17y A fir; I Iu :' T III ItF °-h Attorney for Defendant, Sybra, Inc. d/b/a Arby's )EBORAH MENTZER COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. YBRA, INC. d/b/a ARBY'S NO. 2006-1781 DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Sybra, Inc. d/b/a Arby's by and through its attorneys, Margolis stein answer Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, Answering Defendant is without owledge or information sufficient to form a belief as to the truth of the averments ntained in this paragraph and, therefore, Answering Defendant denies the egations and demands strict proof thereof at the trial of this case, if relevant 2. Denied. The allegations contained in this paragraph are conclusions of to which the Pennsylvania Rules of Civil Procedure require no responsive eadings and are, therefore, denied and strict proof thereof is demanded at time trial, if relevant. To the extent an Answer is required, Defendant is located as 3. Denied. The allegations contained in this paragraph are conclusions of aw to which the Pennsylvania Rules of Civil Procedure require no responsive leadings and are, therefore, denied and strict proof thereof is demanded at time f trial, if relevant. It is denied by Answering Defendant that any person or persons nidentified in plaintiff's Complaint were agents, servants, workmen, and/or mployees until said person or persons are identified and Answering Defendant is iven a chance to admit or deny agency. 4. Denied. The allegations contained in this paragraph are conclusions of w to which the Pennsylvania Rules of Civil Procedure require no responsive eadings and are, therefore, denied and strict proof thereof is demanded at time trial, if relevant. After reasonable investigation, Answering Defendant is without iowledge or information sufficient to form a belief as to the truth of the averments >ntained in this paragraph and, therefore, Answering Defendant denies the Ilegations and demands strict proof thereof at the trial of this case, if relevant. To he extent an answer is required, and at all times material hereto, answering efendant denies any alleged incident as claimed and demands strict proof thereof. urthermore, answering defendant denies any alleged incident as claimed and demands strict proof thereof. Furthermore, answering defendant denies any ?Ileged injuries and demands strict proof thereof. By way of further answer, 4nswering Defendant acted properly under the circumstances, where applicable end pursuant to law. 5. Denied. The allegations contained in this paragraph are conclusions of aw to which the Pennsylvania Rules of Civil Procedure require no responsive )leadings and are, therefore, denied and strict proof thereof is demanded at time )f trial, if relevant. To the extent an answer is required, at all times material hereto, answering defendant denied they were negligent, careless and/or reckless and enies subparagraphs A through G and states the following in support of said enial: a) To the contrary, at all times material hereto, it is denied that any Ileged rug flipped up as claimed and caused any alleged risk as claimed. At all mes material hereto, answering defendant acted properly underthe circumstances, re applicable and pursuant to law. At all times material hereto, if any alleged ent occurred, it was due to Plaintiff's actions and/or lack thereof and not due any actions or lack thereof of answering defendant. By way of further answer, swering defendant asserts that if any alleged incident occurred it was due to aintifPs own negligence, carelessness and/or recklessness and was not due to ny actions or lack thereof of Answering Defendant. b) To the contrary, at all times material hereto, Answering Defendant enies any alleged condition and denies any alleged failures. At all times material , Answering Defendant acted properly under the circumstances where icable and pursuant to law. By way of further answer, Answering Defendant incorporates its answers to paragraphs 1 through 5 A as though set forth in full rein. c) To the contrary, at all times material hereto, Answering Defendant enies any alleged condition of the rug and/or floor and denies any alleged failures s claimed and demands strict proof thereof. At all times material hereto, nswering Defendant acted properly underthe circumstances where applicable and pursuant to law. By way of further answer, Answering Defendant incorporates its nswers to Paragraphs 1 through 5 B as though set forth fully herein. d) To the contrary, and at all times material hereto, Answering ndant denies any alleged failure and/or alleged condition and demands strict )roof thereof. Byway of further answer, Answering Defendant acted properly under circumstances, where applicable and pursuant to law. Byway of further answer, swering Defendant incorporates its answers to paragraphs 1 through 5 C as ough set forth fully herein. e) To the contrary, at all times material hereto, Answering Defendant lenies it violated any alleged ordinances and demands strict proof thereof. At all :imes material hereto, Answering Defendant fully complied with any applicable rdinances and acted properly under the circumstances, where applicable and ursuant to law. By way of further answer, Answering Defendant incorporates its nswers to Paragraphs 1 through 5 D as though set forth fully herein. f) As to the contrary, at all times material hereto, Answering dant denies any alleged conditions and/or any alleged failures and demands proof thereof. At all times material hereto, Answering Defendant acted y under the circumstances, where applicable and pursuant to law. By way further answer, Answering Defendant incorporates its answers to Paragraphs 1 rough 6 E as though set forth fully herein. g) To the contrary, at all times material hereto, Answering Defendant nies any alleged advertisements and/or distractions as claimed and denies any Ileged conditions as claimed and demands strict proof thereof. At all times hereto, Answering Defendant acted properly under the circumstances, here applicable and pursuant to law. By way of further answer, Answering dant incorporates its answers to Paragraphs 1 through 5 F as though set forth Ily herein. 6. - 8. Denied. The allegations contained in this paragraph are conclusions f law to which the Pennsylvania Rules of Civil Procedure require no responsive leadings and are, therefore, denied and strict proof thereof is demanded at time f trial, if relevant. To the extent an answer is required, and at all times material ereto, Answering Defendant denies it was negligent, careless or reckless and emands strict proof thereof. By way of further answer, Answering Defendant enies any alleged injuries, expenses, losses and/or detriments and demands strict thereof. By way of further answer, Answering Defendant incorporates its to Paragraphs 1 through 5 as though set forth fully herein. WHEREFORE, Answering Defendant respectfully requests judgment n its favor and against the Plaintiff. NEW MATTER 9. If it is determined that answering defendant is liable on plaintiff's cause action, Answering Defendant avers that plaintiff's recovery should be eliminated reduced in accordance with the Pennsylvania Comparative Negligence Act, 42 a. C.S.A. §7102. 10. It is further averred that if plaintiff suffered any injuries/damages as leged, they were caused solely and primarily by plaintiff's own carelessness, ness and negligence. 11. It is further averred that if plaintiff suffered any injuries/damages as eged, they were caused solely and primarily by the carelessness, recklessness negligence of third parties both unknown to Answering Defendant and over om Answering Defendant had no control. 12. It is further averred by Answering Defendant that if plaintiff suffered any njuries/damages as alleged, said plaintiff by her own conduct assumed the risk of injuries/damages. 13. It is further averred by Answering Defendant that plaintiff's cause of is barred by the appropriate Statute of Limitations. 14. In the event plaintiff's damages for delay pursuant to Rule 238 of the nnsylvania Rules, Answering Defendant challenges the applicability and nality of said Rule, places it at issue and demands a hearing on the r. 15. Answering Defendant avers that plaintiffs alleged injuries, damages and are unreasonable and excessive in light of the facts of this case. 16. Answering Defendant asserts and incorporates as though fully set forth rein at length, all defenses in Pa.R.C.P. Rule 1030(a). 17. It is asserted that plaintiffs claim is barred as there has been an accord satisfaction, release, res judicata, collateral estoppel and/or arbitration and 18. Plaintiff has failed to state a cause of action upon which relief may be ranted. 19. If plaintiff fell, then it was not due to any actions or lack thereof of [Answering Defendant. 20. If plaintiff fell, then it was due to actions or lack thereof of unknown ersons and/or entities over whom Answering Defendant had no control. 21. If plaintiff fell, then it was due to actions or lack thereof of plaintiff. 22. If plaintiff fell, then plaintiff failed to observe where she was walking nd/or running. 23. If it is proven there existed any alleged dangerous condition, which nswering Defendant denies then it was open and obvious. 24. If it is proven there existed any alleged dangerous condition, which nswering Defendant denies, then it was open and obvious and therefore, plaintiff as and/or should have been aware of the alleged condition. 25. If there existed any alleged dangerous conditions, which Answering efendant denies, then it was open and obvious and plaintiff was and/or should ave been aware of the alleged condition and, therefore, Answering Defendant annot be held liable. 26. If there existed any alleged dangerous conditions, which Answering efendant denies, then plaintiff was aware of any alleged conditions and failed to act properly under the circumstances. 27. At all times material hereto, if the alleged incident occurred, which nswering Defendant denies, then plaintiff could and should have avoided the alleged condition and the alleged area and gone another way. 28. If there existed any alleged conditions, the creation of any alleged onditions and any continuation and existence of any alleged conditions was not due to any actions or lack thereof of Answering Defendant but was due to actions r weather conditions and/or nature beyond the control of Answering Defendant. WHEREFORE, Answering Defendant respectfully requests this Honorable Court to find judgment in their favor and against plaintiff. MARGOLIS EDELSTEIN By: CAROL ANN MURPHY, 15SQUI Attorney for Defendant, Sybra, Inc. d/b/a Arby's VERIFICATION The averments or denials of fact contained in the foregoing are true based upon the ner's knowledge or information and belief. If the foregoing contains averments which inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain ich of the inconsistent averments are true, but signer has knowledge or information to form a belief that one of them is true. This verification is made subject to the of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. BY: ? ? ? -ri ?:: .-a f ? . i h 3' ?''% } f ?? i -'i { ? T _ ?? i i ?? ?- s IZ r , ? _ ? .• .? -i ...j ? w { DEBORAH MENTZER., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Arby's Restaurant Group Inc.; ARG, Inc.; : NO: 2006 - 1781 Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc..; Arby's Roast Beef Restaurant; Defendant ANSWER TO RULE TO SHOW CAUSE AND now comes Respondent, Deborah Mentzer, by and through her counsel, Karl E. Rominger, Esquire, and Answers the Rule to Show Cause as follows: 1. Respondent provided Answer to Production of Documents to Petitioner's counsel on April 25, 2007, attached as Exhibit "A". 2. Respondent provided Answer to Defendant's Interrogatories to Petitioner's counsel on April 25, 2007, attached as Exhibit "B". WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order denying Petitioner's Request for Relief. Respectfully Submitted, Rominger & Associates - ----------- Date: April 25, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant CIVIL ACTION - LAW NO: 2006 - 1781 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, hereby certify that I this day served a copy of Plaintiff's Answer to Rule to Show Cause by facsimile and by depositing the same in the United States Mail postage prepaid, addressed as follows: Carol Ann Murphy, Esquire Margolis Edelstein The Curtis Center, 4t' Floor 601 Walnut Street Philadelphia, Pa 19106-3304 Facsimile (215) 922-1722 Respectfully Submitted, Rominger & Associates Date: April 25, 2007 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Arby's Restaurant Group Inc.; ARG, Inc., : NO: 2006 - 1781 Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant PLATINIFF'S ANSWER TO DEFENDANTS' REQUEST FOR PRODUCTION OF DOCUMENTS AND MATERIALS ADDRESSED TO PLAINTIFF, DEBORAH MENTZER You are hereby directed, pursuant to the applicable Rules of Civil Procedure, to produce the following materials, or legible copies thereof, for purposes of inspection, review and copying, at the offices of Margolis Edelstein, Curtis Center, Fourth Floor, Independence Square West, Philadelphia, Pennsylvania 19106, no later than 30 days from the date of your receipt of this document: All written materials prepared directly or indirectly by any health care provider or psychologist that refer directly or indirectly to any injuries or damages as set forth in the Complaint filed herein. (If a claim for personal injury). ANSWER: See attached documentation. 2. All files, writings, pictures and materials which were prepared or generated by any person and which refer directly or indirectly to the incident (s) , acts or omissions or damages described in the Civil Action filed in this case, or any of the damages claimed in this litigation. ANSWER: See attached documentation. All writings which have passed between you or your counsel and any and all individuals or corporations whom you consider to be experts, including copies of any and all materials that were supplied, by your or your counsel, to the expert. ANSWER: See attached documentation. 4. Any and all writings or materials which refer directly or indirectly to any of the information provided to or from any other party by way of Answers or Responses to other discovery requests. ANSWER: See attached documentation. DATED: April 25, 2007 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Court TD No.: 81924 Attorney for Plaintiff r DEBORAH MENTZER., Plaintiff V. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2006 - 1781 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the within Answer to Defendant's Request for Production of Documents and Materials Addressed to Plaintiff, Deborah Mentzer by First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol Ann Murphy, Esquire Margolis Edelstein The Curtis Center, 4`" Floor 601 Walnut Street Philadelphia, Pa 19106-3304 DATED: April 25, 2007 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Court ID No.: 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff V. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO: 2006 - 1781 PLAINTIFF'S ANSWER TO DEFENDANT'S INTERROGATORIES TO: CAROL ANN MURPHY Margolis Edelstein The Curtis Center, 4th Floor 601 Walnut Street Independence Square West Philadelphia, PA 19106-3304 1. Identify, as to name and address (business and residual), each person who has knowledge of facts relating directly or indirectly to the allegations of liability or damages as set forth in the Complaint or Civil Action. (a) With respect to each person identified in the Answer to this Interrogatory, state precisely and in detail the facts and circumstances about which that individual has knowledge and the manner in which that knowledge was acquired. ANSWER: ¦ Management/Manager of Arby's Restaurant, residing on the Harrisburg Pike, Mechanicsburg, Pennsylvania 17053 ¦ Deborah Mentzer, residing at 4 Dogwood Acres, Newville, Pennsylvania 17241 ¦ Phillip B. Andrus D. C., residing at Casses Chiropractic Clinic, P. C., 313 South Hanover Street, Carlisle, Pennsylvania 17013 • Scott D. Gasses D. C., residing at Casses Chiropractic Clinic, P. C., 313 South Hanover Street, Carlisle, Pennsylvania 17013 ¦ Rochelle L. Casses D. C., residing at Casses Chiropractic Clinic, P. C., 313 South Hanover Street, Carlisle, Pennsylvania 17013 ¦ Dr. James R. Hills, residing at West Shore Office, 4349 Carlisle Pike, Camp Hill, Pennsylvania 17011 ¦ James Mentzer, residing at 4 Dogwood Acres, Newville, Pennsylvania, 17241 Q_xk Others present at Arby-'s Restaurant to be identified 2. If a municipal or other governmental agency was involved directly or indirectly with the investigation of events set forth in the Complaint or Civil Action, identify the entity or department as well as all individuals involved and state whether a report or evaluation of any type was prepared by that entity or department. ANSWER: None known. 3. List the names and addresses, both residence and business, of all persons whom you intend to call as witnesses at the trial of this case and identify as to each the subject matter of their testimony. ANSWER: Plaintiff/ Manager of Arbies who was there that day. Plaintiff reserves her right to supplement her answer. 4. If you or any representative are aware of any conversations or statements made or given by any party or agent of- any party to this lawsuit or any witness, which relates directly or indirectly to any claim involved herein, state the following: (a) The name and address of all persons who were involved directly or indirectly in the conversation or statement; (b) The date of each conversation or statement; (c) The substance of each conversation or statement; (d) If any portion of the conversation or statement is in writing, describe the writing in detail, attach a copy and give the name and address of the present custodian of the original of said writing; (e) Attach all notes, reports or other documents prepared during or as a result of any specific investigation into the allegations set forth in the Complaint or Civil Action, identify each and give the name and address of the person who has the custody over the originals of said writings. ANSWER: None at this time. Plaintiff reserves her right to supplement her answer. s. State the name and address of each person known to you who has been contacted as a fact witness by any party to this lawsuit. ANSWER: None at this time. Plaintiff reserves her right to supplement her answer. 6. Do you contend or aver that any party or agent or any party herein violated any law, rule, regulation, standard or ordinance? If so, state the following: ANSWER: Violated standard of care owed a business invitee With reference to you, your decedent or any alleged agent, (if vicarious liability is averred), whichever is applicable, state: ANSWER: EXPERT L . State the name, home address and business address of each person whom you expect to call as an expert witness who will give opinions at the trial of this matter. (For purposes of these Interrogatories any person, whether a lay witness or a professional witness who is to be called to provide an opinion at trial is called "expert" herein). (a) State the qualifications of each proposed expert listing the schools attended, specific years of attendance, degrees received, experience in any particular field or specialization or expertise. If the expert has a prepared resume or curriculum vitae, attach a copy of said document to these Answers to Interrogatories. (b) State each proposed expert's age, residence, business address as well as the name and address of the present employer of the expert. If the expert is self -employed then give the name and address of the business entity through which the expert is acting or doing business. (c) State the names and addresses of all employers of each proposed expert for the last ten years and give a detailed description of all duties and obligations at each place of employment. (1) If the proposed expert was self-employed, state specifically and in detail the description of the duties and responsibilities of said expert. Identify the name and address of all entities for which the proposed expert has done business during the last ten years. (d) If the proposed expert has testified in a court of law or by way of an oral deposition within the past ten years, identify- the full caption of the civil action or litigation involved; address of the attorney or law firm calling the expert as a witness. If the expert and/or any party have a copy of all or part of any transcript from any prior testimony by the expert, attach a copy of such transcripts including any and all exhibits that may have been appended thereto. (e) As to each proposed expert identified, state whether said expert has, within the past ten years been the subject of any disciplinary, licensing or ethics hearing or investigation concerning professional activities or whether said expert has been refused membership or asked to resign from any professional group or society. If so, state in detail the names and addresses of all agencies, boards and societies involved together with all relevant dates, the nature of any charge or complaint against the expert and a full identification of all documents which may directly or indirectly pertain to such proceedings or decisions. (1) If the proposed expert has been refused or precluded from testifying in a court of law, or by way of deposition, within the past ten years, identify the full caption of the civil action or litigation involved, the reason for the preclusion as well as the name and address of the attorney who requested that such person testify. (t1 State the number of actual or potential claims or lawsuits for which each proposed expert has reviewed records or otherwise engaged in some advisory or professional activity on behalf of the attorney or law firm representing the party calling the expert in this case for which these Interrogatories are being propounded. (1) State the number of times said proposed expert has provided deposition testimony and/or trial testimony for the attorney or law firm calling said expert in this case for which these Interrogatories are being propounded. (g) State whether any proposed expert identified has ever advertised his or her services as one who is willing to review materials and/or provide expert testimony. If so, state the date of each advertisement, the book, periodical or text in which the advertisement appeared; whether the expert was related directly or indirectly to an organization as set forth in said advertisement, attach a copy of said advertisements to these Answers to Interrogatories. (h) List in detail, all publications authored by any proposed expert identified including the title printed, the date of printing, the book text or periodical in which he publication appeared, the names and current addresses of all co-authors; and a statement as to which of the said periodicals are in the possession of the expert or the attorney/law firm calling said expert as a witness in this case. (1) State whether any proposed expert identified herein has participated as a speaker in any convention, seminar or similar meeting where all or part of the comments of the said expert were either recorded on audio tape, film or videotape. If so, identify the convention, seminar or meeting by date, sponsoring organization, subject matter and participants and attach a copy of any audio tapes or videotapes on which the expert can be heard or seen. ANSWER: None at this time. Plaintiff reserves her right to supplement her answer EXPERT Z. For each proposed expert or lay person named in the preceding Interrogatory, state in detail the substance of the facts and opinions to which the person(s) is expected to testify and summarize the grounds for each opinion. (a) Identify in detail all material, including written data, video materials or recorded data provided to the proposed expert by the attorney/law firm retaining the expert in this case or any party retaining the expert in this case. Attach to these Answers to Interrogatories copies of all communications between the expert and any party to this litigation or any attorney/law firm involved in this litigation. (If the attorney/client privilege is claimed, identify generally the document and state the reasons why said privilege is claimed). (b) State whether the facts or opinions to which the proposed expert is expected to testify are contained in a written report, memorandum, transcript or in some other form. If so, state the name and address of the present custodian of said opinions and attach a copy of any written report, video report, transcript or audio report which may have been prepared by the expert. (1) Identify in detail all writings and other materials supplied by the proposed expert to any attorney or party involved in this litigation including but not limited to any draft, report, letter, invoice, request for information, research material or technical advice. (c) If the opinion of any proposed expert listed is based in whole or in part on any scientific rule, principle, standard or protocol, set forth the rule, principle, standard or protocol or identify it and state the name, publisher, date of publication of any book, text or periodical in which you believe the rule, principle, standard or text is written. (d) If the opinion of any proposed expert is based in whole or in part upon any governmental code or regulation, identify the said code and regulation in detail and identify the title, publication, date and current location of any book, text or periodical in which said code or regulation is currently published. (e:) If the opinion of any proposed expert is based in whole or in part upon any scientific or engineering text or similar publication, identify- said text by way of publisher, publication date and author. (i) If the proposed expert has indicated or will testify directly or indirectly that the expert believes that any article, book, text or periodical is "authoritative" on any particular subject or issue referred to in the opinion (written or otherwise) of the expert, identify the book, text or periodical by way of publisher, publication date, author and subject matter that the expert believes to be "authoritative". ANSWER: None at this time. Plaintiff reserves her right to supplement her answer 34. State in detail the injuries or diseases that you allege you suffered as a result or the accident referred to in the Complaint. (Standard Interrogatory) ANSWER: Plaintiff is diagnosed with low back pain, lumbar join dysfunction, muscle spasms, spondytosis with myleopathy and disc displacement with myleopathy. 36. If you received medical treatment or examinations. (including x-rays) because of injuries or diseases you suffered as a result of the accident, identify: (Standard Interrogatory) (a) each hospital at which you were treated or examined, (b) the dates on which each such treatment or examination at a hospital was rendered and the charge by the hospital for each; (c) each doctor or practitioner by whom you were treated or examined; (d) the dates on which each such treatment or examination by a doctor or practitioner was rendered and the charges for each; (e) all reports regarding any medical treatment or examination, setting forth the author and date of such reports. ANSWER: See medical records. 38. Describe any pain, ailment, complaint, injury, or disability that you presently have as a result of the incident here involved. ANSWER: Constant back pain, right hip pain which extends down the right leg and caused discomfort. 40. State whether you are still under treatment for the injuries alleged to have been sustained in the incident involved in this action. If so, state the name and address of the person who last treated or examined you for the injuries with the date and place where treated or examined. ANSWER: Plaintiff is not being treated at this time. 41. Either prior to or subsequent to the accident referred to - min the Complaint, have you ever suffered any injuries or diseases in those portions of the body claimed by you to have been affected by the accident referred to in the Complaint`' (Standard Interrogatory) If so, identify: A. the injuries and disease you suffered; 8. the date and place of any accident, if such an injury or disease was caused by an accident, C. all hospitals, doctors or practitioners who rendered treatment or examinations because of any such injuries or diseases; D. anyone against whom a claim was made, and the Court, term and number of any claim or lawsuit that was filed in connection with any such injury or diseases; and E. if a claim and/or lawsuit was brought by you pertaining to said impairment, describe the person and/or company against whom the claim was made, the manner in which the claim was made and if a lawsuit was involved, the Court, term and number of said suit. ANSWER: No, not that I can recall at this time. 42. Aside from accidents or incidents mentioned above, have you been involved in any other accidents or incidents which you sustained damages and/or injuries:' If so, state the nature of the incident, the place and date on which it occurred, the names and addresses of all persons involved, the injuries and impairments sustained by you and the Court, term and number of any lawsuit commenced as a result thereof. ANSWER: None. 43. If you allege that the incident here involved aggravated pre-existing condition, state whether you had recovered from said condition at the time of the incident and describe in detail all treatment which had been received by you for said pre- existing condition with the names and addresses of all doctors and hospitals involved with dates of medical care. ANSWER: Not applicable. 45. At the time of the accident, what was the nature of your employment and/or occupation'? Describe you usual duties and labors. For the period of three years immediately preceding the date of the accident referred to in the Complaint, state: (Standard Interrogatory) A. the name and address of each of your employers or, if you were self- employed during that period, each of your business addresses and the name of the business while self-employed; B. the dates of commencement and termination of each of your periods of employment and self-employment; C. A detailed description of the nature of your occupation during each employment for each year. (Attach you Federal income tax return for each year); and D. The amount of income from employment and self-employment for each year. (Attach your Federal income tax return for each year.) ANSWER: A. Carlisle Endoscopy Center, residing at 241 Alexander Spring Road, Carlisle, PA 17013; B. Not applicable; C. Plaintiff lifted charts, sat and worked at a computer, wrote lab results on charts, put charts together; D. Plaintiff's yearly wage was approximately $17,680. 46. For the period of three years immediately preceding the date of the accident referred to in the complaint, state: (Standard Interrogatory) A. the name and address of each of your employers or, if you were self-employed during that period, each of your business addresses and the name of the business while self=employed; B. the dates of commencement and termination of each of your periods of employment and self-employment; C. a detailed description of the nature of your occupation during each employment for each year. (Attach your Federal income tax return for each year) D. the amount of income from employment and self-employer for each year. (Attach your Federal income tax return for each year). ANSWER: See 45 47. If you have engaged in one or more gainful occupation subsequent to the date of the accident referred to in the Complaint, state: (Standard interrogatory) A. the names and address of each of your employers or, if you were self- employed, each of your business addresses and the name of the business while self-employed; B. the dates of commencement and termination of each of your periods of employment and self-employment; C. a detailed description of the nature of your occupation during each employment of self-employment; D. the wage, salary or rate of earnings received by you during each employment or self-employment. (Attach your Federal income tax return for each year subsequent to the accident.) E. the dates of all absences from your occupation resulting from the injuries and diseases suffered in this accident. Set forth the amount of any earnings or other benefits lost by you because of such absences. ANSWER: Not applicable/ See 45. 48. State whether, as a result of this accident, you have been unable to perform any of your customary occupational duties or social or other activities in the same manner as prior to the accident, stating with particularly (a) the duties and/or activities you have been unable to perform; (b) the periods of time you have been unable to perform, and (c) the names and last known addressed of all persons having knowledge thereof. (standard interrogatory) ANSWER: None at this time. Plaintiff reserves the right to supplement her answer. 49. If you are claming of loss of earnings or earning power as a result of the accident, state the total amount of loss and show in detail how the amount of the alleged loss was computed. ANSWER: Plaintiff's total lost wages was $68.00 approximately. 59. State whether you contend that the condition which caused your injuries resulted from: A. Slipperiness of the ground: B. defects in the ground or its covering; C. debris or litter; D. variations in the level of walking surface; E. inadequate lighting; F. defective stairs; G. defective hand or guardrails; H. obstructions or defects other than those above or on the walking surface; I. defective ladders, platforms, scaffolds; and J. any other conditions. ANSWER: DH and J; a rug placed on the floor was turned up and her foot/shoe caught the edge causing the fall. 60. As to each condition which you contend caused the accident, state: A. it's dimensions and how it made the premises dangerous; B. the exact location of each condition which caused you to fall, including the exact address and nearby landmarks, (e.g. curb, pole, wall, building, etc.); C. each fact which indicated the length of time each condition had existed prior to the accident; D. each act which the defendant failed to perform to make the premises reasonably safe for use; and E. each fact which indicated the defendant knew or should have known of each condition prior to the accident. ANSWER: A. A rug which happened to be turned up can cause anyone to fall if their foot catches the turned up corner and/or edge. B. The main entrance to the Arby's located at 6560 Carlisle Pike Mechanicsburg, PA 17055. C. None. D. Employees and management failed to address the fact that the rug to the main entrance, one most customers use, was turned up and was causing and/or did cause an accident. Also, when the accident occurred employees did not respond immediately, therefore also showing their lack of consideration to customers. E. No answer at this time. Plaintiff reserves her right to supplement her answer. 61. Did you know of any condition which caused the fall at a time before the accident and if so, state: A. the manner in which you acquired such knowledge; B. the time you acquired such knowledge; C. any act performed by you in order to avoid the accident after you acquired such knowledge. ANSWER: See 59 and 60. 62. Describe the way you fell, the parts of your body that had contact with any other parts of or objects on or near the defendant's property. ANSWER: Plaintiffs foot caught the edge and/or corner which was turned up on the rug at the entrance and fell forward putting her arms out to catch her fall. Wlien Plaintiff hit the floor, her body had twisted and her back and almost entire body hit the floor with the exception of her head, which the door. 63. Have you ever fallen on this or any other property prior to the accident? If, so state when, where, and what cause the prior falls to occur. ANSWER: No. 64. State the exact time that the fall occurred and state the natural lighting conditions (i.e. dusk, sunny, overcast, ect.) ANSWER: The sun was shining outside which passed through the glass along with he normal lighting inside the restaurant. 65. State whether there was artificial illumination in use at the time and place of the accident. If so, describe the type of illumination, its location ANSWER: Light bulbs in the cieling. 66. How often did you visit the site prior to the accident? If you did visit the site prior to the accident, did you ever observe the defect, obstruction or condition on these occasions? A. Give the date and time or your last observation prior to the accident. ANSWER: Plaintiff had visited that location four or five times prior to the accident and her last visit she can remember carpet being at the front entrance. 67. For what purpose were you on the premises as referred to in the Complaint`? ANSWER: Plaintiff was simply enjoying lunch. 68. State whether you had visited someone on the premises or whether you were on your way to visit some on the premises. If either answer is in the affirmative, state the name and address of the person referred to. ANSWER: Not applicable. 69. If it is alleged that the defendant or representative of the defendant was aware of the condition described in the Complaint, give the name and address of the persons you believe had knowledge of the condition, the dates they had knowledge of the condition, and what, if any, each person did to alter the condition and the date of the alteration. ANSWER: No answer at this time. Plaintiff reserves the right to supplement her answer. 70. Describe in detail the shoe you were wearing at the time of the accident and also describe in detail any overshoes or galoshes which you were wearing. ANSWER: Walking and/or running sneakers. 71. Of what materials were the heels and shoes of the outer shoes made? ANSWER: Rubber. 72. Indicate the height of the heels of such shoes. ANSWER: Plaintiff s shoes were flat athletic style. 73. If you were carrying anything at the time of the accident state: A. its description; B. its size, including the shape, length width & weight; C. whether your vision was in any way obstructed by such item and, if so, the extent of the obstruction; and D. which hand or hands were being used to carry the items. ANSWER: A. Women's purse, which was carried over the shoulder; B. Small, also able to be consider a hand bag; C. No; and D. it was carried over the shoulder. 74. Have you ever worn or needed glasses? If so, state whether you were wearing glasses at the time of the accident and, if not, the reason, if any. ANSWER: Yes, the Plaintiff does wear glasses and was wearing at the time of the accident. 75. Describe in detail your outer clothing at the time of the accident. ANSWER: Plaintiff was wearing slacks, blouse, coat and socks. 76. Give the names and addresses of all persons whom you know have actual notice of the nature of the condition prior the accident. ANSWER: No answer at this time. Plaintiff reserves the right to supplement her answer. 77. Describe any precipitation which fell within 72 hours prior to the accident. ANSWER: Not applicable. 78. What were the temperatures and weather conditions at the time of the accident. ANSWER: Cold, but sunny and approximately forty degrees. 79. Was any water, ice, slush, or snow accumulation on the sidewalk or at the specific spot where you fell? If so, state: (a) whether you had walked there before the accident occurred; (b) the number of times you walked there between the time you knew of the accumulation and the time the accident occurred. ANSWER: Not applicable. 80. If you contend the fall occurred due to ice and/or snow escribe the nature, depth and appearance of the ice or snow upon which you fell. Also describe the condition of the area immediately surrounding it. ANSWER: Not applicable. 81. If you fell on ice or snow, state whether there was a pa cleared in or about the area where the, accident occurred. ANSWER: Not applicable. 82. Did it appear that the area where you fell had been salted or cindered? If so, describe to what extent the area was salted or cindered? ANSWER: Not applicable. Date: April 25, 2007 Respectfully Submitted, Rominger & Associates arl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant CIVIL ACTION - LAW NO: 2006 - 1781 CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire., hereby certify that I this day served a copy of Plaintiff's Answer to Rule to Show Cause by depositing the same in the United States Mail postage prepaid, addressed as follows: Carol Ann Murphy, Esquire Margolis Edelstein The Curtis Center, 4`" Floor 601 Walnut Street Philadelphia, Pa 19106-3304 Respectfully Submitted, Rominger & Associates Date: April 25, 2007 Ka E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant CIVIL ACTION - LAW NO: 2006 - 1781 PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes Plaintiff, Deborah Mentzer by and through her counsel, Karl E. Rominger, Esquire and in support of this Answer to New Matter avers as follows: 9. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 10. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 11. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 12. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 13. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 14. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 15. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 16. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 17. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 18. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 19. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 20. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 21. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 22. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 23. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 24. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 25. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 26. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 27. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. 28. This paragraph is a conclusion of law and requires no answer. If an answer is deemed required it is denied. WHEREFORE, Plaintiff demands judgment in her favor. Date: May 7, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff DEBORAH MENTZER., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Arby's Restaurant Group Inc.; ARG, Inc.; Arby's, LLC d/b/a Arby's; Arby's Roast Beef Sandwich Inc.; Arby's Roast Beef Restaurant; Defendant : CIVIL ACTION - LAW :NO: 2006 -1781 CERTIFICATE OF SERVICE I, Karl E. Rominger., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Answer to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol Ann Murphy, Esquire The Curtis Center 0 Floor 601 Walnut St. Independence Square West Philadelphia, PA 19106 Dated: May 7, 2007 Respectfully submitted, ROMINGER & ASSOCIATES lk Kafl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff L' - . =? ? - 4 _:3 ?° ?.i .,,,,,? _..., ly,. ' ? a i`1 :? N 4 - j',. = y ? ? 7J !0-?-Z) IARGOLIS EDELSTEIN Y: Carol Ann Murphy, Esquire lentification No.: 46958 he Curtis Center, Fourth Floor idependence Square West hiladelphia, PA 19106-3304 ?15) 922-1100 Attorney for Defendant, Sybra, Inc. d/b/a Arby's DEBORAH MENTZER COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. SYBRA, INC. d/b/a ARBY'S NO. 2006-1781 ORDER TO SETTLE. DISCONTINUE AND END O THE PROTHONOTARY: Kindly mark the above captioned matter Settled, Discontinued and Ended pon payment of your costs. MARGOLIS EDELSTEIN BY: KARL E. ROMINGER, ESQ. CAROL ANN MURPHY, ESQUI Attorney for Plaintiff Attorney for Defendant -TI ?-- r, 4_ ?r