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Home My WebLink About95-00798 11) . . :":>.- '~ '.'~ . tIJ 7 'L'~ -'\.1_,.- , 1~~:1 ,,0 4I~} - ;:~~, It,,;,u, tr\. . ::;",,' tJ~;',: '._ . ';:-;':':'c .~ F- a 00 p: I \() 0- <1 , ,.l -.. .. ~1: (~~~ <'-;::) -.~, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (Plaintiff) 1:~ ,. -. .0 ." ,., , ~ W.\ " - - ~ - ~ , ."':' ~ ~, , b::. . - . .- - .. r ~ SHIRLEY M. CLEPPER vs. SHONEY'S RESTAURANT (DefeIXlant) No. 95-798 Civil 19 1. State matter to be argued (Le.. plaintiff's I1Dtion for new trial. defermnt's dawrrer to canplaint. etc.):' Preliminary Objections of Defendant 2. Identify counsel who will argue case: (a) far plaintiff: Address : Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (b) far defermnt: Andrew J. Ostrowski, Esquire Address: 3401 North Front Street Harrisburg, PA 17110-0950 3. I will notify all parties in writing within two days that this case has been listed for argunent. 4. Argunent Court Date: Hay 31, 1995 Dated: ~<f{ dP Attom~ for Defendant, Shoney' s Restaurant Andrew-il. Ostrowski, Esquire (ID 1/66420) VS. I I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW NO h 'I 'IF ". .1 ..,... 1..<l.l./lf (.I,.~ SHIRLEY M. CLEPPER, plaintiff . . SHONEY'S RESTAURANT, '/l\.. lu...l....r f.,,,T..,... Defendant C--a~ V{, 171,)1) , I I PRAECIPE TO THE PROTHONOTARY: please issue a Writ of Summons for a slip and fall accident by Plaintiff on Defendant's premises on April 24, 1993. Respectfully submitted, ARTHUR T. MCDERMOTT & ASSOCIATES c-~~ "- Arthur T. McDermott, Esquire SO East High Street Carlisle, PA 17013 (717) 243-7807 . . . .' ".. ...._..h,...' ...._ _.. ...,. _". _. . \~ ......_ '~""'..'."", ...... " . ....,'" .-. ...........~.......~-.~...,.~.'oIIL.'...~.....",;..,...-..... : ":':" . :.":' "~~'~':\'::::;""'~:<::~~~~~~~(.:,::'> : '. V::RI:Ic.~TIO:1 a: PLE:ADI:IG5 I ve:ify th~~ the s~a~e=e~~s c~ce in this docu=ent are true a~d co==ec,:. I ~~ce:3~and tha~ false state:ents he:ein are cade subject to the penalties of 18 Pa. C.5. Section 4904, relating to ur.s~o:n f~ls~fica~ion to autho:ities. Date: ~7 V" - C' 7- 7C' ~ ~ ;;;; - /X7~' ~h~.c.c/ "lIt ,-. , . :"l.' 'U -- " ~ ~ '/'1 >J::A ~- @ ~ 0 ~ ~ LI'> ., .. 0') >-... - "'>- ""7- ~ lI't.;=;=, t Q~';:',;.~ co -0(.:'..., .... ::::ro~ - Q""';r.;.. . ":.)..tV1 - I..)~-';r. IU ;"\"11~:..i ~ -:r :::!~~:Lu -- ;:::a:0. "" => ~ :5--' . . Commonwealth of PelUlsylvania County of Cumberland Shirley M. Clepper Court 01 Commoll PI""" YL No, __95.::.'Z9L.CiY.llSfiDn_____________ 19____ Shoney's Restaurant 936 Walnut Botton Road Carlisle. Pa. 17013 III ___Cjy.i1. _.!\l::.tiOIl-.L6l\I------ _n__ ------------ To S~ey~~-ae~uariUlt---------------------- You are hereby notified that .__~b!J:)l~_~~_C~pe~________________________,____________------------------------------------ the Plaintiff hIlS commenced an action in ____C;lill_l.ill'l_________________________________________ again.t you which you are required 10 defend or a default judgment may be entered against you. (SEAL) .__L~eo~_E._J1el~________________________ Prothonotary Dllte ___.!:~p_l)l(!!Y__H____m______ 19_9_~ . '\ 1 '\ . By _~~Jf~7JJ~--(L---lLlJJ:~--------------------- Deputy 1 .~ ... 8J 'lJ . ~ ~ ...,...,M ~ ..,ll:M .S ...,~~ c: ... I~& ~ IH~ ll! ! .-i ....... U ~ "'.... J . Mjdl& '.... ~ :E 0:.... ~:x:ail' 1< ~ Ul] ai """'0 I ~ - ... I~~~ ~~~ :rI oa~ I Ul ~~B .~ '" N I ~ Ul'" I I vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-798 SHIRLEY M. CLEPPER, Plaintiff SHONEY'S RESTAURANT, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . . : SS . . Arthur T. McDermott, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, SHIRLEY M. CLEPPER, and that he did serve a true and correct copy of the Writ of Summons filed in the above matter, by Pennsylvania State Constable, to the Defendant, SHONEY'S RESTAURANT on February 16, 1995. The receipt form is attached hereto as Exhibit "A". ~~qu1= Sworn to and subscribed before me this 24th day of February, 1995. ..' NOTARIAL SEAL DEBRA l. PElERS. NOTARY PUBlIC CARUSLE 1lOAO. CVMBERLANO COUNTY MY COMMISSION EXPIRES JUNE 8.1098 Mnmbur. l'cnncylv""la Ao-otlollon at NoIarIN 1'1.:NNSYLV ANIA STATI'; CONSTABLE GEORGE R. COOK MIDDLESEX TOWNSIIIP OFFICIo: :I:m 1I0LLOWIIHOOK DHlVE CAIlLISLI':.I'A 17(H:I Pholle: (717) 201:1-7711 February 16, 1995 Shirley H. Clepper Vs. Shoneys Resturant 936 Walnut Botto. Rd. Carlisle, Pa. 17013 REI 95-798 Civil Ter. - Sued in Court Papers served February 16, 1995 at 2115 P.K. to Kanager Todd Hevhouse, Shoneys Resturant, 936 Walnut Botto. Road, Carlisle, Pa. ., Constable service of papers....$ 12.50 i.^, Total .ileage 18, X 28t per .11e 5.04 --..' -- $ 17 .54 TOTAL I ., ' (' ,/ A ~ -'-~~~''iJ~~ 'George ~_':/Cook, Constable U"> 0") - = '" CD u.. ....... >-,.. .r.\.. -'.-" UJt~:.~.~ (,.'}-,.;,,-),r I~ (~(., oJ. ~ f~ :U~ "~.'.I ~ i:-: ~:~ ~,.;. i.l r: '; r.. OJ O~' :c a- en fT'I ("0') .' v. IN TilE CaUltT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .LA W NO. 95.79H CIVIL TERM SIIIRLEY M. CLEI'I'ER, Plaintiff SIIONEY'S RESTAURANT, Defendant JURY TIUAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of the Defendant, Shoney's Restaurant. By: 3401 North Front Street 1',0, Box 5950 Harrisburg,PA 17110-0950 (717) 232-5000 Attorneys for Defendant DATE: J/9/95' 24lHH.l CERTIFICATE OF SERVICE I certify that lam this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage. prepaid, as follows: Arthur T. McDermott. Esquire Fifty East High Street Carlisle, PA 17013 By: Craig . 0 . q i Sup, Ct. I. D'f# 5 7 340 I North F nt Street P. 0, Box 59 Harrisburg, P A 17110-0950 (717) 232-5000 Attorneys for Defendant DATE: .J /ri It()' 2(0)0.1 v. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-798 CIVIL TERM SIIIRLEY M. CLEPPER, Pin in tiff SIIONEY'S RESTAURANT Defendnnt .JURY TRIAL DEMANDED RULE TO FILE COMPLAINT TO: Arthur T. McDermott, Esquire Fifty East High Street Carlisle. P A 17013 You are hereby directed to file a Complaint within twenty (20) days or Judgment ornon pros will be entered, v..(,U..- 1\ ROTH >><31' J DATED: }h turl..... (0 /1tir 14IK7.1 n:RTIFICATF. OF SERVICE I certify that 1 am this day serving a copy of the foregoing documcnt upon thc pcrson(s) and in the manner indicated below, which scrvice satisfies the requirements of the Pennsylvania Rules of Civil Proccdure. by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage. prepaid. as follows: Arthur T, McDermoll, Esquire Filly East High Street Carlisle, P A 17013 By: 340 I North Front Street p, O. Box 5950 Harrisburg. PA 17110-0950 (717) 232-5000 Allomeys for Defendant DATE: J(q(9{ 21111lll,\ SHIRLEY M. CLEPPER, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYVLANIA I vs. I CIVIL ACTION - LAW I N0195-798 Civil Term SHONEY'S RESTAURANT, I Defendant I JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint is 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 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 Arthur T. McDermott Attorney for Plaintiff Fifty East High Street Carlisle, PA 17013 (717) 243-7807 SHIRLEY M. CLEPPER, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I N0195-798 Civil Term I JURY TRIAL DEMANDED vs. SHONEY'S RESTAURANT, Defendant COMPLAINT COMES NOW, Plaintiff Shirley M. Clepper by and through her attorney Arthur T. MCDermott, Esquire and files this Complaint and states as follows I 1. On April 24, 1993 at approximately 6110 a.m. Plaintiff entered the Defendant's restaurant and was seated to order breakfast. 2. After ordering breakfast, she started to leave her booth to proceed to the breakfast bar. 3. As Plaintiff stood to leave the booth, her feet slipped out from under her and she fell on her left side. 4. Plaintiff was helped to her feet by two unidentified men. Another unidentified witness expressed her belief that the floors were soapy. 5. A waitress for Defendant stated that the floors were mopped with soap and "may not have been rinsed thoroughly". 6. As a result of her fall, Plaintiff received a bruise and has continuously experienced pain in her right hip. 7. plaintiff believes and therefore avers that the floors were rendered slippery by Defendant's actions and that Defendant knew or should have known of the slippery condition of its floors at the booth in which Plaintiff fell. WHEREFORE, Plaintiff demands damages in an amount in excess of Ten Thousand ($10,000.00) Dollars. Respectfully submitted, ARTHUR T. MCDERMOTT & ASSOCIATES c~~d(() ( Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (717) 243-7807 Fax: (717) 243-9766 . ., ',.... 'T~')""""''''.~''!. .. ' ." I ,-, . . '... - " '''.~4:,.;o.p-:--,'-' -~=_-.::.:.-..,..~~ ( ~ .' '.' ,'': ,.' . ;', -. ." ....,.--: ,-. ,. '~".".:'~ VERIFICATION OF PLEADINGS I verify that the statements made in the attached document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ,3')b. (i s- CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Document was served by on the below named person (s ) , postage prepaid, addressed tOI first class mail, Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date '/ ,- It . c;-) ,~~Q~ Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (717) 243-7807 . .. ...., en r- >-,.. .c.. .t _. ~~~~~:~i ,~(')<"'''''''~ "'~J0 ,.l;H ~;\":~ ::> ~~-. :c: ..c:I: en Vl cO c: -. = SHIRLEY M. CLEPPER, Plaintiff IN TI-IE COURT or COMMON PLEAS CUMDERLAND COUNTY, PA v. NO. 95.798 CIVIL TERM CIVIL ACTION - LAW SI-IONEY'S RESTAURANT, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1995, it is hereby ORDERED that Plaintiff's Complaint be dismissed with prejudice. DY TIlE COURT: J. PlaintilT's attorney, Arthur T. McDennott, Esquire, is to be notified of this filing, A self- addressed postage prepaid envelope is included for this purpose. v. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-798 CIVIL TERM CIVIL ACTION - LAW SHIRLEY M. CLEPPER, Plaintiff SIIONEY'S RESTAURANT, Dcfendant JURY TRIAL DEMANDED PREUMINARY OBJECTIONS AND NOW, comes Dcfendant, Shoncy's Rcstaurant, by and through its attorneys, ME'nE, EVANS & WOODSIDE, P.c., and in response to Plaintifl's Complaint, pursuant to I'a. R.C.P. Rule 1028, preliminarily objects as follows: I. Plaintiff, Shirlcy M. Clcpper, filed a Complaint on or about March 17, 1995. 2. PlaintiIT sceks recovery from a Shoncy's Rcstaurant for a slip and fall, but docs not idcntify the PlaintiIT or thc Shoney's Restaurant at which the unidcntificd PlaintiIT allcgedly fell. :::-.- ~, ,J l-rl - - I. DEMURRER " ", ", ',", ..... " ~ . ~.. '-.; ~ LL) <.J1 3. Paragraphs I and 2 arc ineorporatcd by refercnce as ifset forth at length hcrein, 4, Plaintifrs Complaint fails to identify, specitically or by reasonable inference, thc nnture of hcr claim, 5, I'luintifl's COlllpluintlilils to pleud the fuets neeessury to support II elluse ofuetion under any theory. WIIEREFORE, Defendant, Shoney's Restllurnnt, respeetlillly requests thlltl'llIintifrs Compluint be dismissed wilh prejudice. II. MOTIONTOSTRIKF. 6. I'urugruphs I through 5 ure ineorporuted by reference us if set forth utlength herein. 7. PluintiIT's Compluint fuils to identify the purties und does not otherwise ullege fuets to support jurisdiction or venue in uecordunee wilh Pennsylvuniu Rules of Civil Procedure. 8. I'luintirrs Compluint lilils to pleud the muteriul filets neeessury to support her c1uim in violution ofPu. R.C.p. Rule 1019. WHEREFORE, Defendunt, Shoney's Restuurunt, respeetlillly requests thutthis Court strike Plaintifl's Compluint us being in violation ofRules of Court. 2 L.... en " " - ,- ;,-:: "'-r. '0 N 1...-1 n: "', ..... " "';,:1: o r.: In e g ill 6 g ~ E o j <_ ~ g ~ ... Z 0 ~ ~ ~ I ~ ill ~. g ~ ~ ~ d ~ ~ ~ 0: Il <( ~ ~ I .. . ~, < J: SHIRLEY M. CLEPPER, I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA I VB. I CIVIL ACTION - LAW . NOI 95-798 Civil Term . SHONEY'S RESTAURANT, I Defendant I JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims Bet forth in the following pages, you must take action within twenty (201 days after the First 1\rnended Complaint is served, by enter ng 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 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. Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 Arthur T. McDermott Attorney for Plaintiff Fifty East High Street Carlisle, PA 17013 (717) 243-7807 SHIRLEY M. CLEPPER, I IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NOI 95-798 Civil Term SHONEY'S RESTAURANT, I Defendant I JURY TRIAL DEMANDED FIRST AMENDED COMPLAINT COMES NOW, Plaintiff Shirley M. Clepper by and through her attorney Arthur T. McDermott, Esquire and files this Complaint and states as follows I 1. plaintiff is Shirley Clepper, a resident of Carlisle, Cumberland county, Pennsylvania. 2. Defendant is Shoney's Restaurant, a commercial restaurant, located at 936 Walnut Bottom Road, Carlisle, Cumberland County, pennsylvania, and at all times relevant to this action was open for business and serving the general public. 3. On April 24, 1993 at approximately 6110 a.m. plaintiff entered the Defendant's restaurant and was seated to order breakfast. 4. After ordering breakfast, she started to leave her booth to proceed to the breakfast bar. 5. As Plaintiff stood to leave the booth, her feet slipped out from under her and she fell on her left side. 6. Plaintiff was helped to her feet by two unidentified men. Another unidentified witness expressed her belief that the floors were soapy. 7. A waitress for Defendant stated that the floors were mopped with soap and "may not have been rinsed thoroughly". 8. Plaintiff believes and therefore avers that the soapy condition of Defendant's floor caused her fall. 9. Since the Defendant's waitress admitted that the floors had not been thoroughly rinsed, Defendant had knowledge of the slippery condition, and had a duty to warn Plaintiff and/or to correct the slippery condition of its floors. 10. As a commercial enterprise, engaged in service of the public, for profit, Defendant had a high duty of care to protect Plaintiff from her slip and fall. 11. As a result of her fall, Plaintiff received a large and deep bruise and has continuously experienced pain in her right hip. 12. Plaintiff believes and therefore avers that the floors were rendered slippery by Defendant's negligence and that Defendant knew or should have known of the slippery condition of its floors at the booth in which Plaintiff fell. 13. As a result of her injuries, Plaintiff suffered loss of wages and experienced severe pain and suffering. WHEREFORE, Plaintiff demands damages in an amount in excess of Ten Thousand ($10,000.00) Dollars. Respectfully submitted, ARTHUR T. MCDERMOTT & ASSOCIATES c-~ ~ Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (717) 243-7807 FaXI (717) 243-9766 I ,. , . CERTIPICATE OP SERVICE I hereby certify that a true copy of the foregoing Document was served by on the below named person (s ) , postage prepaid, addressed tOI first class mail, Craig A. Stone, Esquire 3401 North Pront Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date ,//2..7/ q:>" . ~~~ "- Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (717) 243-7807 ~ ,~~ - " - ., :;:'":-=r , ...... M r- , , ......., . OZ ;..:) ~-' ". ...:' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95.798 CML TERM CML ACTION. LAW JURY TRIAL DEMANDED SHIRLEY M. CLEPPER, Plaintiff SHONEY'S RESTAURANT, Defendant : NOTICE TO PLEAD TO: Arthur T. McDermott, Esquire ARTHUR T. MCDERMOTT & ASSOCIATES 50 East High Street Carlisle, PA 17013 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. ME By: 3401 Nort ront Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232.5000 DATE: s'/Iv(r;;.... Attorneys for Defendant Shoney's Restaurant 33,1711 SHIRLEY M. CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95.798 CML TERM CML ACTION - LAW JURY TRIAL DEMANDED v. SHONEY'S RESTAURANT, Defendant : ANSWER WITH NEW MATTER AND NOW comes the Defendant, Shoney's of Carlisle, by and through its attorneys, Mette, Evans & Woodside, and files this Answer with New Matter to Plaintiffs First Amended Complaint: 1. After reasonable investigation, Defendant Shoney's of Carlisle, hereinafter referred to as "Shoney's," is without information or knowledge sufficient to form a belief as to the truth of the corresponding paragraph of Plaintiffs Complaint, the same is therefore denied and strict proof, if relevant, is demanded at time of trial. 2. Denied as stated, The name of Defendant is Shoney's of Carlisle. 3-7. The averments of Paragraph 1 are incorporated by reference as though fully set forth. Moreover, the allegations are denied in conformance with Pa. R.C.P. 1029(e) and as though an appearance were entered, It is denied that an authorized agent of Shoney's made any such statement or admission. .' " ,'.' . .' ,', " ' " .-._,~'._'.---::: .::.~~-:7-::,~ ""~, I I I 8.9. Denied in accordance with Pa. R.C.P. 1029(e) and as though an appearance were entered. The Averments of Paragraphs 3.7 hereof are incorporated by reference. 10. The averments of Paragraph 10 are conclusions of law to which no anllwer is required, If an answer is deemed required, the alIegations are denied in conformance with Pa. R.C.P. 1029(e) and as though an appearance were entered. 11. The averments of Paragraph 1 are incorporated by reference as though fulIy set forth. 12. Denied in accordance with Pa. R.C.P. 1029(e) and as though an appearance were entered. 13. The averments of Paragraph 1 arc incorporated by reference as though fully set forth. 2 NEW MATTER 1. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted against Shoney's. 2. Plaintiffs fall, if any, was caused solely by her own negligence. 3. Plaintiffs claims arc limited and barred by operation of the Pennsylvania Comparative Negligence Act. 4. Plaintiffs claims arc barred by operation of the doctrine of assumption of the risk. 5. Plaintiffs claims arc barred by operation of the applicable statute of limitations. 6. Shoney's demands trial by jury on each of the issues set forth in Plaintiffs Complaint. J WHEREFORE, Defendant Shoney's Restaurant demands that Plaintiffs. Complaint be dismissed with costs to it. Respectfully submitted, METTE, EVANS I BY: Craig A. Stone, squire Sup. Ct. I. D. #15 07 , 3401 North Frort Street P.O. Box 5950 \, Harrisburg, PA 7110-0950 ('717) 232-5000 DATED: ,'/ d (rt:f Attorneys for Defendant Shoney's Restaurant VERIFICATION I, Sondra Brunelli, hereby acknowledge that 1 have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belier. I understand that any false statements herein are made subject to penalties of 18 Pa. C,S, Section 4904. relating to unsworn falsification to authorities. SHONEY'S RESTAURANT '-- ~ - _"YIctLA- ./ ndrn Brunetti U ~~~4 ' DATED: Hay 19. 1995 HH'X,I I I , ' I " CERTIFICATE OF SERVICE AND NOW, this day of , 1995, I, CRAIG A. STONE, ESQUIRE, hcreby certify that I am serving a copy of the foregoing document upon the pcrsons and in the manner indicated below, which service satisfics thc rcquircmcnts of thc Pcnnsylvania Rulcs of Civil Procedurc, by dcpositing a copy of thc samc in the Unitcd Statcs Mail, Harrisburg, Pennsylvania, with first-class postagc prcpaid, as follows: Arthur T. McDcrmott, Esquire ARTHUR T. MCDERMOTI' & ASSOCIATES 60 East High Strcct Carlislc, PA 17013 By: ME 3401 North ront Street P. O. Box 5960 Harrisburg, PA 17110-0960 (717) 232.6000 Dated: >7Irr(yj' Attorneys for Defendant Shoney's Restllurunt "" cor) , ) '"1' :'~ ; . ., ~ g ~ ~ o ~ ~ ,0 j ~ it ~ i ~ ,. ~ ~ . .. ~. " E .1 i ~ z z " . 5 d ~ ~ ~ 0: ~ ( I '1 ~ I . . SHIRLEY M. CLEPPEH, Pluintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW SHONEY'S RESTAURANT, Defendunt 95.0798 CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this 12.' duy of July, 1996, nrgument on the ubove cuptioned motion is set for Friday, August 22, 1996, ut 3:00 p.m. in Courtroom Number 4, Cumberlnnd County Courthouse, Curlisle, PA. BY TJ-JE COURT, /_.44- Kevin A. Hess, J. Arthur McDermott, Esquire For the Plaintiff _ c.c~~u"; (l'''~C.z. '7 ~sh". l p. -" Juyson Wolfgang, Esquire For the Defendnnt :rlm v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95.798 CIVIL TERM CIVIL ACTION - LAW JURY '{'RIAL DEMANDED SHIRLEY M. CLEPPER, PlaintilT SHONEY'S RESTAURANT, Defendant ORDER AND NOW, this _ day of , 1996, upon consideration of the motion to compel answers to expert interrogatories and the production of expert reports of Defendant Shoney's Restaurant, it is hereby ORDERED that said motion is GRANTEDj Plaintiff shall answer Defendant's expert interrogatories and/or produce expert reports regarding all experts upon whom Plaintiff intends to reply at trial within thirty (30) days of service of this Order, Failure to comply with this Order will result in sanctions pursuant to Pa.H.C.P. 4019. BY THE COURT: J. 11U26 t v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-798 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED SHIRLEY M. CLEPPER, Plnintifl' SHONEY'S RESTAURANT, Defendant MOTION OF DEFENDANT SHONEY'S RESTAURANT TO COMPEL ANSWERS TO EXPERT INTERROGATORIES AND PRODUCTION OF EXPERT REPORTS Defendant Shoney's Restaurant, by and through its attorneys, Mette, Evans & Woodside, files this Motion to Compel pursuant to Pa.R.C.P. 4019 and Cumberland County Local Rule 4001-1, based upon the following: 1. This personal injury action arises out of a slip and fall which allegedly occurred at Defendant's restaurant on April 24, 1993. 2. Suit was instituted by Writ of Summons on or about February 14, 1995. An Amended Complaint was filed on or about April 27,1995. 3. On May 1, 1995, Defendant served expert interrogatories and requests for expert reports on Defendant, to which Defendant responded on or about June 14, 1995. True and correct copies 0(' said expert interrogatories along with Plaintill's answer thereto and the request ('or expert reports are attached hereto as Exhibits A and B, respeclively. 4. Plaintiff responded to Defendant's expert interrogatories with the statement: "To be provided when identified." See Exhibit A. 5. On April 1, 1996, counsel for Defendant wrote to Plaintiffs counsel requesting answers to the above-referenced expert interrogatories and/or the reports of any experts upon whom Plaintiff intends to rely at trial. Counsel for Defendant further requested supplements to all previous interrogatory answers and responses to requests for production. A true and correct copy of the letter of April 1, 1996 is attached hereto as Exhibit C. 6. The expert discovery propounded by Defendant upon Plaintiff is proper and is expressly authorized by Pa.R.C,P. 4003.5. 7. Without the identity of Plaintiffs experts and their reports, Defendant is unable to defend the claims against it, and it is prejudiced thereby. 2 exhibit A ......"..,.....",,,,....1',,..,,.,,11,0. .~...~\<~\i,~~~.......... ~ -" ... .- -. '- .... F~ . - :"""'"4'--". -: I , . " . ,', ',. , . I , ' . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-798 CIVIL TERM SHIRLEY M. CLEPPER, Plaintiff SHONEY'S RESTAURANT, Defendant Plaintiff's Answers to INTERROGATORIES OF DEFENDANT FOR ANSWER BY PLAINTIFF TO: Shirley M. Clepper, Plaintiff clo Arthur T. McDermott, Esquire Fifty East High Street Carlisle, PA 17013 Pursuant to the provisions of Pa, R.C.P. 4001, et seq" you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, If any, In writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. ..".1:.' S & WOODSIDE By: .... Craig p". one, Esquire Sup. Ct,I. . #15907 3401 III Front Street P.O. Bo 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATE: "=:'/1 {q.s Attorneys for Defendant Shoney's Restaurant MAY () 21995" t(., ;' J fi f I I ! l I Trial Expert Witnesses 4. State the names, business and residence addresses, and employers of each person whom you will call as an expert witness at the trial of this matter, Including medical witnesses Identified with regard to the Issues of liability (L) and damages (0), and with regard to each expert state: The subject matter on which the expert Is expected to testify; The substance of the facts and opinions to which the expert if expected to testify; A summary of the grounds for each opinion; Whether the facts and opinions to which the expert Is expected to testify are contained in any written report, memorandum, or other document, and, If so, Identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached In lieu of answering Interrogatory 4.) 4. ToAlllSWE&lided when identified .9. "' CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Answers to Interrogatories was served by on the below named person(s), first class mail, postage prepaid, addressed to: Craig A. Stone, Esquire 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 ., Arthur T. McDermott, Esquire 50 East High Street Carlisle, PA 17013 (717) 243-7807 Date l'O - /,/-q,s- Exhibit B _n IUIIO\llU, ...,n... It"l ..,qUill @. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-796 CIVIL TERM SHIRLEY M. CLEPPER, Plaintiff SHONEY'S RESTAURANT, Defendant . REQUEST FOR PRODUCTION OF DOCUMENTS TO: Shirley M, Clepper, Plaintiff cia Arthur T. McDermott, Esquire Fifty East High Street Carlisle, PA 17013 Pursuant to Pennsylvania Rules of Civil Procedure, the Defendant, SHONEY'S RESTAURANT, by its attorneys, METTE, EVANS & WOODSIDE, request you to produce copies of the following documents, at their expense, within thirty (30) days of service of this Request: ME By: Craig A. Stone Esquire Sup. Cl. I.D. 5907 3401 North Front Sireet P,O, Box 5950 Harrisburg, PA 17110-0950 (717) 232.5000 DATE::::')' Frs Attorneys for Defendant Shoney's Restaurant t- INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the document; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof; (9) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. .2. DOCUMENTS REQUESTED 1. All statements, signed statements, transcripts of recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described In the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 3, All documents, correspondence or other drawings, sketches, diagrams, or writings In your custody or control or your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalf, except your attorney(sl, during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 5. All reports, opinions, records or correspondence of all physicians, osteopaths, chiropractors, hospitals, or other practitioners of the healing arts who have treated, examined or consulted with you from the date of the Incident or prior thereto until the present time, which relate to injuries, conditions or damages allegedly arising therefrom or any prior existing conditions which are, in any way related thereto, including prior surgeries, hospitalizations or care and treatment. 6. All hospital records for you from the date of the incident and prior thereto up to the present time which relate in any way to the care and treatment of injuries or damages allegedly sustained in the incident that Is the subject matter of this litigation, 7, All bills, invoices, or statements of charges from all physicians, osteopaths, chiropractors, hospitals, medical associates, or other medical practitioners and health care providers, relating to treatment, examination or consultation of you, associated with Injuries or conditions allegedly sustained in the claim that is the subject matter of this litigation, B. All written records or writings of whatsoever kind in your care, custody or control or in the care, custody or control of your employer evidencing or dealing with lost wages, lost Income or reduced earning capacity allegedly sustained by you as a result of the claim that is the subject matter of this litigation. .3. t I, i 9. All photographs, plans, drawings, sketches or diagrams In your possession, custody or control, or in the possession, custody or control of you allomey, you insurer, or anyone else acting on your behalf, dealing with any aspect of this litigation, including but not limited to the instrumentalities, or incident site, involved in the claim that Is the subject mailer of this litigation. 10. All photographs of any item or thing involved in this litigation. 11. All statements as defined within Pa.R.C.P. No, 4003, I' I I I I I 12. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 13. All documents identified in your answers to any set of interrogatories propounded by any party in this litigation. 14. litigation. AIi documents which you intend to rely upon or introduce at trial of this NOTE: As referred to herein, "document" includes wrillen, printed, typed, recorded, or graphic maller, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, computer disks, tapes, contracts, agreemenls, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody, or control of the original) now in your possession, custody, or control, your former or present counsel, agents, employees, officers, Insurers, or any other person acting on your behalf. - 4. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Arthur T. McDermott, Esquire Fifty East High Street Carlisle, PA 17013 By: METTE, EVANS & WOODSIDE ;{a E?!fl/L Kay E, TiJon, Paralegal for Craig A. Stone, Esquire Sup. Cl. 1.0. #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 DATE: '3j. {C-YS;, Attorneys for Defendant Shoney's Restaurant CERTIFICATE OI~ SRRVI.Qfl AND NOW, this 10th day of July, 1996, I, JAYSON R. WOLFGANG, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Arthur T, McDermott, Esquire ARTHUR T. MCDERMO'IT & ASSOCIATES 50 East High Street Carlisle, PA 17013 METTE, EVANS & WOODSIDE .; By: un~~ Jay n . Wolfgang, Su . Ct. 1. D. #6207 e 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Shoney's Restaurant -'" ,~ ',. r:, /;; i , IU( ~.... : (l' r"l ' ,.. ';'.j f ~ '. ' ;'J ~\ c , ,lI. . ; ".....~ I 'i.] ll~ . .,. I: ; II, , C) I U C) U o ~ ~ e m Z ~ Sd ,0 .1 ~ 0 # .. .. .. 0( III ~ (> . Z E ~ I i h ~ 0 ~ ~ ~ .: II ( i ~ i to. . I . . r:LED-();:;::Cr: r- ,.\-", 'Y:.' ':'::' .- . ...'. P" h-;: ':1, ,", Co. ,_ I _ ,; I F~~:';: ;,). L\';\,.::/ \ ; . . SHIRLEY M, CLEPPER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION . LAW SHONEY'S RESTAURANT, Defendant 95.079!l CIVIL TERM IN RE: DEFENDANT'S MOTION TO COMPEL ORDER AND NOW, this ]0' day of August, 1996, at the request of the plaintiff and with the agreement of counsel for defendant that argument would not be continued again, argument on the above captioned motion set for Friday, August 30, 1996, is continued to Thursday, September 26, 1996, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courtbouse, Carlisle, PA. BY THE COURT, , 1'111 '4 Shirley Clepper ~l ..~ 7043 Carlisle Pike ~JY Carlisle, PA 17013 q;I;o14~ Jayson Wolfgang, Esquire r For the Defendaat :r1m r:: [f)-O~rlCE (';' '! " '. :-. ;IY"'.l')T/,r.y '. . "'" ,\.; ~ 1 9'~\ i'.!'t' :::U ,:,~i 1(1::'5 CL\"~.' .i:.': .' \",:;:'iiY 1'"L\J"',.~)\ L',~:_;<' \ , . -. .;.. j o~ (It, I~ ~~ ~ /I~~ ~~;9 /{~ ~ e. e.-.~ (j ~~JA /7C)/d., ~~ C!~~ >? d 7':;'-' 7 7'? , ~ ,1~t~ ~. v~1Sf:::J f'J~,<~-:::;:;~ . 1f~a-JJ~~~ ..~~'7~ ~.~J ~G-t- . ~ . Jd.,..~. ~ T~ ~~ );..," 'l{ltj.5 tttdu.c<.... t:?.kJ' /;! . ' ( 111 17/' .-, C,' tl !..tL <l{!j I~/I t/ /~.) I ... , . 1'1I~TTI~. HV....NR II: "'OOIJRIIJEl ^ l'nn""""'untfAI. f:Ilf1I'URATIUN AT'rnUrn:VR AT 1.,'\\' . IIO_ULe Mrtll JM,US" tVA"S ,"onk,t-tOtU11 ell""lU' '''AllY PU," J "unu. llOYD fl.. rr"~1JtI (MIC II. Slou, J^~n ^ UUII DAtl1fL L SUlliVAN UIV,N h n'Y(l{k CII".uorlll" C COU"I" fLYU' kOCIIU MIOI"" II llQla'l!tlCo ~UCfl^n n "un "Olllkf,IlA'rrlUIII rA"l^ J IfICllr C""'1" J 1U1J.4 DAVID ^ f1rl)IMOt'\ :).&01 NnrtTIf .~ltoNT RTREF.;T )'.0, JlOX nono 1I^'UtIRllunn. ("A 17110.nMn "J:'F.I.fl:I'J1f1NF. 17171 a:UHIOOO GUY. IUllVUlrMIQ MICItAfL D rlrA mOM"" SMIDA KAklH ., cOmllllY Iloa,.., J KAflt.4AH JAYSO" 1\. "OL'GM~G (MilT LOtlG ttor"",,,., M""IIIII" ^" COnNl^ r;A'UUIN DOYU '1"AtlINtJt um,fD "olu.r l "ooD\1n1 bM"IIL J.t CAMrlflL MmtoH' r. lUCIPO TODD ^ FUll"'. ILlIAI'", J. COlDsnl" P.\X 1'17IU:Jn.1R10 August 13, 19!16 '1'he Ilonornble Kevin A, Hess Cumherlllnd County Courthouse One Courthouse SlIunre Cnrlisle, PA 17013-3387 IlE: Clepper II. Shoney'. Restaurant ~ No. 95-798 Dear J 1Illge Hess: Drnl nl'gument is scheduled in the ahove-referenced matter on Friday, .August'30,-1996 at 3:00 p.m, regarding the defendant's motion to compel Ilrotluction of expert repor!.'!. ' I spoke with your secretary on August 12, 1996. ~he confirmed that, all.hllugh dl!rl!l\llnnt'll IlII1Lion to compl!l is to he nq~ul!(kt)efore the court, there is 110 requirement thnt the pnrties Iile briefii rl!gnrding this discovery maLLer. '1'he purpose of this leLLer is simply to confirm that,no briefs are required. 'l'hank YOll fiJr your attention to this maLLer. , Very truly yours, J" .J.:~ ~~:.:70y JRW/ec cc: Arthur '1'. IVlcDel"moLL, ES1luire Ruby Weelts, Esquire 1ltU l SHIRLEY M. CLI~PPER, Plainlill' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 95-798 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED v. SHONEY'S RESTAURANT, Defendant ORDER AND NOW, this L:,' day of September, 1996, upon consideration of the motion of defendant to compel answers to expert interrogatories and production of expert reports, it is hereby ORDERED that said motion is GRANTED. Plaintiff shaIl answer defendant's expert interrogatories and/or produce expert reports within forty-five (45) days of the date of this Order. Failure to comply with this Order shaIl result in sanctions pursuant to Pa.R.C.P. 4019. BY THE COURT: Distribution: Arthur T. McDermott, Esquire Stephen J. Hogg, Esquire Jayson R, Wolfgang, Esquire c.","~~ 0~Q...l Cj I ~ '11 Ii" ' ,s .(-l. /J;i 7111111 I J. !"nrD .C:i'lC:: ',j"" '/ (',': " t--;) .. . . - ',' ;" ,. L'_ \;" i \ , ;. ? : ,. , Inlhc Cunrl ur COlllmonl'lcns or Cumberlnod Counly,"ennsyh'nnln )-.t -h'~1 V5. ~ ~ ;t;.A:'U'~1C/f:;( , No, q5- ?9,;' Civil. 19 To >;( / Pllllbullolllry 1997 '- ,-.r- ... ['~ r:' ('r.:. .'J:' ". ",";t.r,'l Nu. Term, 19_ (,'j ". \. .. I "" I j ?: J I} Ci.:" I',' " \'s. " -Ii PRAECIPE Filed 19_ , Atty. I' '. . I .... LAW OFFICES OF STEPlmNJ. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE. PA 17013 , .J:;: HIe (-I_ (--I 11-:: ~.; " !~; u. ":1' - .. r ._' .' I_~ .-; ..... ,. '" . .._~ , r-, c,.. ..1 l..l