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HomeMy WebLinkAbout95-01705 ~'_..."..'" . ,.' ~ iJ,;---: df,",.,~J.,r.:" . . .,!"'" '.T~(,':r( ,4~:.:'<: ,,- '~. .',_c (~1t,:;;>..., , , " -,."" , ( .!-:-.;.,..;.._; ';:;;.'i~~~;t>.--t"~-, ...~... -. , :,._,~!J::": -".-,d'l.i;'-J~_ , ',-." '..,CO.., . ',::It:; /?E '. "~:~ (,' .... _2.!i.:J..Z9..t.sa~U.__ 1'___ .. ...--.....-------------------------- Richard A. Yost and Linda L. Yost Sheetz, Inc. and Kwik-Shoppers, Inc. ------------------------------------ Au......... Ia Civil Action - Law ------------------------------------ 1IlIlJIIlN. AII......d. lCJII"lmI , 1IRI(Jft' Byl DM.d A. Xndder. EIq. 222 B. <kBngB St. P 0 Ibx 1522 LBrJa.ter PA 17602 (717) 397-7000 ------------------------------------ Attomey ~.:t\>lt"""'..~-~~~- .-... .~. .'- ",...,..,',', .,....;..., -.~r,j,'-_,:"'':';'th.. ~>,;.,",_.r.. ~.;~"~. ~.~--,.-'......'-"...,..,---- ~.,_.-_... '., \1 , ,..J. , I i _.~-, \, -......-~-f-.._r'7.":._..__.,:_.,..~__:: .-- . i IN mE COUllT or COMMON PLEAS or CIJMIULAND COUNTY. PENNSYLVANIA CIVIL ACnON. LAW NO. (5 rll'R 3 3 so \'1\ '95 ~~ A. YOST'" ","uA L. YOST, ........ , , ; r ll;~< . IJ!\ i .~I,'. (! I,' lOt r.','. . Ci!. ,2 ~ --r;g-:~v I~ 7fJ r 40,\L /fc S fl/ '" ~ 4o,J7.J .. INC. .. INC. 6, ftAIICUI"* WaIT or IlVMMONI ;hr ~O~ /67 f Jj v ~M1worth Kreider~rijlt atrom'J' allaw III EAST OMNOE STREET POST OFFICE BOX Ill! LANCMTER, PENNSYLVANIA 1160Hlll 17171197.7000 FAX 17171194-0611 ~ .,., = <..J - - 0 0 , ~~: - c..a .." . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD A. YOST and LINDA L. YOST civil Action v. SHEETZ, INC. and KWIK-SHOPPERS, INC. : . . NO.: 95-1705 MOTION TO STRIKE RULE TO FILE COMPLAINT 1. Plaintift fil.d a pra.cip. for Writ ot summon. on April 3, 1995. 2. A Writ at summons, Plaintitts' Int.rrogatori.s Addr....d to D.r.ndant Sheetz, Inc. - Set No.1, Plaintiff.' R.qu..t tor Production and Copying ot Document. Addr....d to D.t.ndant Sh..tz, Inc. - Set No.1, Plaintitts'Interrogatori.. Addr....d to D.rendant Kwik-Shoppers, Inc. - Set No.1, and Plaintifts' Request tor production and Copying ot Document. Addr....d to D.rendant Kwik-Shoppers, Inc. - Set No. 1 w.re ..rved on Derendant. on April 6, 1995 by the Sh.ritt ot CUmb.rland County, Pennsylvania. A true and correct copy ot the Sheritr'. r.turn and amended return are attached hereto and incorporated herein as Exhibit "A"; a true and correct copy ot each or the referred to discovery requests is attached hereto and incorporated h.rein as Exhibits MB" through ME", respectively. 3. The discovery was served on Derendants to aid Plaintifts in the preparation ot the Complaint to be served on . . Defendant., and the discovery seeks to do nothing more than identify the proper defendants in this matter. 4. In complianoe with Pa. R.C.P. No. 4005(a), the interrogatories served on Defendant Kwik-Shoppers, Ino., contain. the following .tatement: These interrogator ius are being served upon Defendant Kwik-Shoppers, Inc., to aid Plaintiffs' in the preparation of a Complaint to be served upon Defendants. This cause of aotion stems from a slip and fall incident involving Plaintiff Richard Yost at Shoetz looated at 359 East King street, Shippensburg, CUmberland County, Pennsylvania, on January 7, 1994 at approximately 7:45 a.m., which resulted in injuries to Plaintiff Riohard Yost. 5. In compliance with Pa. R.C.P. No. 4005(a), the interrogatories .erved on Sheetz, Inc. contains the following statement: The.e interrogatories are being served upon Defendant Sheetz, Ino., to aid Plaintiffs' in the preparation of a Complaint to be served upon Defendants. This caus. of action stems from a slip and fall inoident involving Plaintiff Richard Yost at Sheetz looated at 359 East King Street, Shippensburg, CUmberland County, Pennsylvania, on January 7, 1994 at approximately 7:45 a.m., which resulted in injuries to Plaintiff RiChard Yost. 6. Defendant Sheetz, Inc. filed a praecipe for a Rule to File a Complaint on April 13, 1995. 7. On April 13, 1995, a Rule directing Plaintiffs to file a complaint within twenty days of the date of said Rule was entered by the Prothonotary of Cumberland County, Pennsylvania. A true and correct copy of the Rule is attached hereto and incorporated herein as Exhibit "F". 2 exhibit A exhibit B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD A. YOST and LINDA L. YOST civil Action v. SHEETZ, INC. and KWIK-SHOPPERS, INC. NO.: PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANT SHEETZ. INC - SET NO.1 The.e interrog.torie. .re ~eing .erve4 upon Defen4.nt 'heet., Ino., to .i4 'l.intiff.' in the prepar.tion of . Co.pl.int to ~. .erve4 upon Defen4.nt.. Tbi. o.u.e of .otion .t... fro. . .lip an4 f.ll inoi4ent involving 'laintiff aiobar4 Yo.t at Sb.et. 10oate4 .t 351 .a.t King 8treet, 8hippen.burg, cuaberlan4 County, 'enn.ylv.ni., on January 7, 1114 .t approziaately 7145 ...., wbiob re.ulte4 in injurie. to 'laintiff aiohar4 Yo.t. PLAINTIFF HEREBY DEMANDS THAT DEFENDANT ANSWER THE FOLLOWING INTERROGATORIES UNDER OATH WITHIN THIRTY (30) DAYS FROM THE OAT! OF RECEIPT HEREOF PURSUANT TO PA.R.C.P. NO. 4006. THESE INTERROGATORIES ARE ADDRESSED TO THE DEFENDANT AS A PARTY TO THIS ACTION, AND DEFENDANT'S ANSWERS SHALL BE BASED ON ALL INFORMATION KNOWN TO ITS ATTORNEYS, AGENTS, EMPLOYEES, OR OTHER REPRESENTATIVES AND CONTAINED IN RECORDS OR DOCUMENTS WITHIN THE CUSTODY OR CONTROL OF THESE PEOPLE. THESE INTERROGATORIES SHALL BE DEEMED CONTINUING SO AS TO REQUIRE SUPPLEMENTAL ANSWERS PURSUANT TO PA.R.C.P. NO.400?4. (A) DEFINITIONS AS USED HEREIN, UNLESS OTHERWISE SPECIf'IED BY AN INDIVIDUAL INTERROGATORY, THE FOLLOWING TERMS AND PHRASES HAVE THE MEANING STATED I 1. "YOU" OR "YOUR" OR "DEFENDANT" REFERS TO SHEETZ, INC., TOGETHER WITH ITS AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS AND ALL OTHER PERSONS ACTING OR PURPORTING TO ACT ON ITS BEHALF. 2. "DOCUMENTS" REFERS TO THE FOLLOWING MATERIALS, WHETHER OR NOT WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE DEFENDANT: (a) WRITINGS AND PRINTED MATERIALS OF EVERY KIND AND DESCRIPTION, INCLUDING BUT NOT LIMITED TO MEMORANDA, PHOTOGRAPHS, DRAWINGS, BLUEPRINTS, GRAPHS, CHARTS, TELEGRAMS, LETTERS, CONTRACTS, DIARIES, NOTES, LOG BOOKS, ARTICLES, MAGAZINES, JOURNALS, NEWSLETTERS, SKETCHBOOKS, TEXTBOOKS, BROCHURES, LABORATORY RECORDS, AUDIO OR VIDEO TAPE, AS WELL AS ANY OTHER OBJECT CONTAINING A WRITTEN, PRINTED, SPOKEN OR PHOTOGRAPHIC IMAGE OR SOUND OF THE FOREGOING; AND, (~) RECORDING IN OTHER, NON-WRITTEN FORMS, INCLUDING BUT NOT LIMITED TO TAPES, DISCS, AND OTHER DATA COMPILATIONS, MECHANICAL OR OTHERWISE. 3. "STATEMENT" REFERS TO THE WORD "STATEMENT" AS THAT TERM IS DEFINED IN Pa.R.C.P. NO. 4003.4. 4. "OCCURRENCE" REFERS TO RICHARD A YOST'S SLIP AND FALL AT SHEETZ, 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, ON JANUARY 7, 1994. 5. "PREMISES" REFERS TO THE REAL PROPERTY, INCLUDING ALL 2 IMPROVEMENTS ERECTED THEREON, LOCATED AT 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. 6. "SIDEWALK" REFERS TO THE SIDEWALK IMMEDIATELY ABUTTING THE PUBLIC ENTRANCES TO THE SHEETZ STORE LOCATED AT 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. (B) INSTRUCTIONS 1. WHERE ASKED TO "IDENTIFY" AN INDIVIDUAL PERSON, STATE THAT PERSON'SI (a) FULL NAMEI (b) PRESENT OR LAST KNOWN ADDRESSI (c) OCCUPATION AND EMPLOYER; AND, (d) HOME AND BUSINESS TELEPHONE NUMBERS. 2. WHERE ASKED TO "IDENTIFY" AN ENTITY OTHER THAN AN INDIVIDUAL PERSON, STATE ITS: (a) FULL NAME; (b) PRESENT OR LAST KNOWN ADDRESSI AND, (c) TELEPHONE NUMBER. 3. WHERE ASKED TO "IDENTIFY" A DOCUMENT, THE DOCUMENT SHOULD BE DESCRIBED WITH SUFFICIENT PARTICULARITY SO THAT YOU COULD SUPPLY THE DOCUMENT IN RESPONSE TO A REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS WHICH USES THE DESCRIPTION GIVEN. 4. TO THE EXTENT THAT THE INFORMATION OR COMMUNICATION SOUGHT IN AN INTERROGATORY IS INCORPORATED OR CONTAINED IN A DOCUMENT, IDENTIFY THE DOCUMENT OR DOCUMENTS OR ATTACH A COPY THEREOF TO YOUR ANSWERS REFERRING TO THE DOCUMENT OR DOCUMENTS AS THE ANSWER TO THE INTERROGATORY. 5. IF YOU OBJECT TO AN INTERROGATORY ON THE BASIS OF 3 PRIVILEGE, STATE IN DETAIL THE FACTS ON WHICH YOU BASE YOUR OBJECTION. 6. THE INSTRUCTIONS AND DEFINITIONS WHICH PRECEDE THESE INTERROGATORIES ARE AN INTEGRAL PART THEREOF, AND INFORMATION REQUESTED IN EACH INTERROGATORY INCLUDES ALL INFORMATION CALLED FOR BY REFERENCE TO THE INSTRUCTIONS AND DEFINITIONS. 7. WHENEVER THE WORDS "IDENTIFY" OR "IDENTITY" ARE USED WITH REFERENCE TO A PERSON OR DOCUMENT IDENTIFIED IN A PREVIOUS ANSWER, IT SHALL BE SUFFICIENT TO STATE HIS, HER OR ITS NAME OR TITLE AND REFER TO THE ANSWER IN WHICH HE, SHE OR IT WAS PREVIOUSLY IDENTIFIED. 8. WHERE APPLICABLE, INFORMATION SOUGHT BY AN INTERROGATORY MAY BE FURNISHED BY REFERENCE TO ANOTHER ANSWER, BUT SEPARATE ANSWERS SHOULD BE GIVEN IN ALL CASES, AND INTERROGATORIES SHOULD NOT BE JOINED TOGETHER AND ACCORDED A COMMON ANSWER. 9. WHERE EXACT INFORMATION CANNOT BE FURNISHED, ESTIMATED INFORMATION SHOULD BE SUPPLIED TO THE BEST EXTENT POSSIBLE. WHERE ESTIMATED INFORMATION IS SUPPLIED, IT SHOULD BE SO IDENTIFIED AND AN EXPLANATION GIVEN AS TO THE SOURCE AND BASIS OF THE ESTIMATE. 10. IF YOU NEED SPACE IN ADDITION TO THAT WHICH HAS BEEN PROVIDED FOR ANSWERS, PLEASE ADD ADDITIONAL PAGES NUMBERED, FOR EXAMPLE, "2a, 2b; 3a, 3bl" ETC., DIRECTING ATTENTION TO THOSE PAGES AS APPROPRIATE. 11. PLEASE RETAIN THE ORIGINAL OF YOUR ANSWERS AND SERVE A 4 '., ...,..",'".. exhibit C , " "" (t' '" I"'t,.".,,,,,,, ,., .... .,' . "'1' "'''''''' (t) exhibit D BE DEEMED CONTINUING SO AS TO REQUIRE SUPPLEMENTAL ANSWERS PURSUANT TO PA.R.C.P. NO.t007.4. (A) DEFINITIONS AS USED HEREIN, UNLESS OTHERWISE SPECIFIED BY AN INDIVIDUAL INTERROGATORY, THE FOLLOWING TERMS AND PHRASES HAVE THE MEANING STATED I 1. "YOU" OR "YOUR" OR "DEFENDANT" REFERS TO KWIK-SHOPPERS, INC., TOGETHER WITH ITS AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS AND ALL OTHER PERSONS ACTING OR PURPORTING TO ACT ON ITS BEHALF. 2. "DOCUMENTS" REFERS TO THE FOLLOWING MATERIALS, WHETHER OR NOT WITHIN THE POSSESSION, CUSTODY OR CONTROL OF THE DEFENDANT I (a) WRITINGS AND PRINTED MATERIALS OF EVERY KIND AND DESCRIPTION, INCLUDING BUT NOT LIMITED TO MEMORANDA, PHOTOGRAPHS, DRAWINGS, BLUEPRINTS, GRAPHS, CHARTS, TELEGRAMS, LETTERS, CONTRACTS, DIARIES, NOTES, LOG BOOKS, ARTICLES, MAGAZINES, JOURNALS, NEWSLETTERS, SKETCHBOOKS, TEXTBOOKS, BROCHURES, LABORATORY RECORDS, AUDIO OR VIDEO TAPE, AS WELL AS ANY OTHER OBJECT CONTAINING A WRITTEN, PRINTED, SPOKEN OR PHOTOGRAPHIC IMAGE OR SOUND OF THE FOREGOING; AND, (b) RECORDING IN OTHER, NON-WRITTEN FORMS, INCLUDING BUT NOT LIMITED TO TAPES, DISCS, AND OTHER DATA COMPILATIONS, MECHANICAL OR OTHERWISE. 3. "STATEMENT" REFERS TO THE WORD "STATEMENT" AS THAT TERM IS DEFINED IN Pa.R.C.P. NO. 4003.4. 4. "OCCURRENCE" REFERS TO RICHARD A YOST'S SLIP AND FALL AT 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, ON JANUARY 7, 1994. 5. "PREMISES" REFERS TO THE REAL PROPERTY, INCLUDING ALL 2 IMPROVEMENTS ERECTED THEREON, LOCATED AT 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. 6. "SIDEWALK" REFERS TO THE SIDEWALK IMMEDIATELY ABUTTING THE PUBLIC ENTRANCES TO THE SHEETZ STORE LOCATED AT 359 EAST KING STREET, SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. (B) INSTRUCTIONS 1. WHERE ASKED TO "IDENTIFY" AN INDIVIDUAL PERSON, STATE THAT PERSON'S: (a) FULL NAME; (b) PRESENT OR LAST KNOWN ADDRESS; (c) OCCUPATION AND EMPLOYER; AND, (d) HOME AND BUSINESS TELEPHONE NUMBERS. 2. WHERE ASKED TO "IDENTIFY" AN ENTITY OTHER THAN AN INDIVIDUAL PERSON, STATE ITS: (Il) FULL NAME; (b) PRESENT OR LAST KNOWN ADDRESS; AND, (c) TELEPHONE NUMBER. 3. WHERE ASKED TO "IDENTIFY" A DOCUMENT, THE DOCUMENT SHOULD BE DESCRIBED WITH SUFFICIENT PARTICULARITY SO THAT YOU COULD SUPPLY THE DOCUMENT IN RESPONSE TO A REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS WHrCH USES THE DESCRIPTION GIVEN. 4. TO THE EXTENT THAT THE INFORMATION OR COMMUNICATION SOUGHT IN AN INTERROGATORY IS INCORPORATED OR CONTAINED IN A DOCUMENT, IDENTIFY THE DOCUMENT OR DOCUMENTS OR ATTACH A COPY THEREOF TO YOUR ANSWERS REFERRING TO THE DOCUMENT OR DOCUMENTS AI THE ANSWER TO THE INTERROGATORY. 5. IF YOU OBJECT TO AN INTERROGATORY ON THE BASIS OF 3 PRIVILEGE, STATE IN DETAIL THE FACTS ON WHICH YOU BASE YOUR OBJECTION. 6. THE INSTRUCTIONS AND DEFINITIONS WHICH PRECEDE THESE INTERROGATORIES ARE AN INTEGRAL PART THEREOF, AND INFORMATION REQUESTED IN EACH INTERROGATORY INCLUDES ALL INFORMATION CALLED FOR BY REFERENCE TO THE INSTRUCTIONS AND DEFINITIONS. 7. WHENEVER THE WORDS "IDENTIFY" OR "IDENTITY" ARE USED WITH REFERENCE TO A PERSON OR DOCUMENT IDENTIFIED IN A PREVIOUS ANSWER, IT SHALL BE SUFFICIENT TO STATE HIS, HER OR ITS NAME OR TITLE AND REFER TO THE ANSWER IN WHICH HE, SHE OR IT WAS PREVIOUSLY IDENTIFIED. 8. WHERE APPLICABLE, INFORMATION SOUGHT BY AN INTERROGATORY MAY BE FURNISHED BY REFERENCE TO ANOTHER ANSWER, BUT SEPARATE ANSWERS SHOULD BE GIVEN IN ALL CASES, AND INTERROGATORIES SHOULD NOT BE JOINED TOGETHER AND ACCORDED A COMMON ANSWER. 9. WHERE EXACT INFORMATION CANNOT BE FURNISHED, ESTIMATED INFORMATION SHOULD BE SUPPLIED TO THE BEST EXTENT POSSIBLE. WHERE ESTIMATED INFORMATION IS SUPPLIED, IT SHOULD BE SO IDENTIFIED AND AN EXPLANATION GIVEN AS TO THE SOURCE AND BASIS OF THE ESTIMATE. 10. IF YOU NEED SPACE IN ADDITION TO THAT WHICH HAS BEEN PROVIDED FOR ANSWERS, PLEASE ADD ADDITIONAL PAGES NUMBERED, FOR EXAMPLE, "28, 2b; 3a, 3b;" ETC., DIRECTING ATTENTION TO THOSE PAGES AS APPROPRIATE. 11. PLEASE RETAIN THE ORIGINAL OF YOUR ANSWERS AND SERVE A 4 . ~ 16. Identity any person, partnership, corporation or other entity responsible tor keeping the premises located at 359 East King Street, Shippensburg, Cumberland County, Pennsylvania tr.. ot ice and snow on the date ot the occurrence. 17. As to any person, partnership, corporation or other entity identitied in interrogatory 18, state: a. the grounds upon which you base your answer that the party so identified was responsible tor keeping the pr..i... tree ot ice and snow; and b. whether the party so identified was responsible tor keeping the entire premises tree ot ice and snow; and 16 exhibit E Exhibit F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD A. YOST and LINDA L. YOST Civil Action v. SHEETZ, INC. and KWIK-SHOPPERS, INC. NO.: 95-1705 PLAINTIFFS' BRIEF IN SUPPORT OF MOTION TO STRIKE RULE TO FILE COMPLAINT STATEMENT OF FACTS Plaintiffs filed a Praecipe for Writ of Summons on April 3, 1995. A Writ of Summons, Plaintiffs' Interrogatories Addressed to Defendant Sheetz, Inc. - Set No.1, Plaintiffs' Request for Production and Copying of Documents Addressed to Defendant Sheetz, Inc. - Set No.1, Plaintiffs' Interrogatories Addressed to Defendant Kwik-Shoppers, Inc. - Set No.1, and Plaintiffs' Request for Production and Copying of Documents Addressed to Defendant Kwik-Shoppers, Inc. - Set No. 1 were served on Defendants on April 6, 1995 by the Sheriff of CUmberland County, Pennsylvania. The discovery was served on Defendants to aid Plaintiffs in the preparation of the complaint to be served on Defendants, and the discovery seeks to do nothing more than identify the proper defendants in this matter. In compliance with Pa. R.C.P. No. 4005(a), the interrogatories served on Defendant Kwik-Shoppers, Inc. contains the following statement: These interrogatories are being served upon Defendant Kwik-Shoppers, Inc., to aid Plaintiffs' in the preparation of a Complaint to be served upon Defendants. This cause of action stems from a slip and fall incident involving Plaintiff Richard Yost at Sheetz looated at 359 East King street, Shippensburg, Cumberland County, pennsylvania, on January 7, 1994 at approximately 7:45 a.m., which resulted in injuries to Plaintiff Richard Yost. In compliance with Pa. R.C.P. No. 4005(a), the interrogatories served on sheetz, Inc. contains the following statement: These interrogatories are being served upon Defendant Sheetz, Ino., to aid Plaintiffs' in the preparation of a Complaint to be served upon Defendants. This cause of action stems from a slip and fall incident involving Plaintiff Richard Yost at Sheetz located at 359 East King street, Shippensburg, cumberland County, Pennsylvania, on January 7, 1994 at approximately 7:45 a.m., which resulted in injuries to Plaintiff Richard Yost. Defendant Sheetz, Inc. filed a Praecipe for a Rule to file a complaint on April 13, 1995. On April 13, 1995, a Rule directing Plaintiffs to file a complaint within twenty days of the date of said rule was entered by the prothonotary of cumberland county, Pennsylvania. This case now comes before the Court for determination of this Motion. STATEMENT OF OUESTIONS 1. Should Plaintiffs be directed to file a complaint before Defendants have responded to discovery which was served on Defendants to aid Plaintiffs in preparing a complaint? proposed answer: No. 2 ARGUMENT Pa. R.C.P. No. 4005(a) provides for interrogatories to be served on a defendant before the filing of a complaint. The interrogatories shall be limited to the purpose of preparing a complaint and shall contain a brief statement of the nature of the cause of action. Plaintiffs have complied completely with this rule. Plaintiff Richard Yost sustained injuries in a slip and fall on January 7, 1994. The incident occurred at a Sheetz store located at 359 East King Street, Shippensburg, Pennsylvania. This information is set forth in the interrogatories served on Defendants. Obviously, in any slip and fall case, it is necessary for plaintiffs to identify those responsible for maintaining the property and those who caused a dangerous condition to exist. Plaintiffs discovery in this matter does nothing more than attempt to ascertain the identities of those parties and the relationShip between those parties who might ultimately be responsible to Plaintiffs for the injuries Plaintiffs sustained as a result of the slip and fall. Despite having complied with Pa. R.C.P. No. 4005, Plaintiffs have been ruled to file a complaint before discovery has been answered. However, Plaintiffs cannot prepare a complaint without identifying the responsible parties. This principle is elemental. To require Plaintiffs to file a complaint at this stage would, in effect, eviscerate Pa. R.C.P. No. 4005(a), for if 3 ~! l!i~ ~~ " N Ih ~ ~ >: tiNt-. r~ ~~~ LLl ,.1- ~ ~ < ~ il ;;Z ~8 l!i ~; ~ ... al < . c ? ,..:- !~J ~ ~ tI >! .' ~ '" ~- Ilg jj I ~ - Z ~,.. o It i5 ;::;:: ~I II Iii 0 -- ;:j Iii ": ~ ~ ~ 2 ~ ... ~; .. ~ z :i APR 2 8 1995 }:,-' 7. The entranceway door. to said convenience store are located under overhangs. 8. The pumps which disp.n.. gaSOline at said convenience .tore loc.tion are located under an overhang which extends fro. the roof covering the .tore to an area beyond the gal pump., and .aid overhang overlap. the overhang. above the entranceway door.. 9. A .idewalk .butting the .torefront of the convenience .tore i. located under the overhang. described in paragraph. 7 .nd 8, h.rein. 10. During the .orning hour. of January 7, 1994, .leet fell upon Shippen.burg, including the aforementioned Sheetz convenience .tor. property. 11. By 7:45 .... on January 7, 1994, Defendant vas aware th.t it had .leeted and was or .hould have been aware that a patch of ice had foraed on the .id.walk. 12. At approxi.ately 7:45 a.m. on January 7, 1994, Mr. Yo.t drove hi. car to .aid convenience store location in order to purcha.e ga.oline. 13. At .aid ti.e and place, Mr. Yost parked his car next to a g.. pump, got out of hi. car, pumped gas and walked to the entranceway door .0 a. to enter the store and pay for the ga. h. pumped into hi. car. 14. Mr. Yo.t remained under the overhang at all ti.e. while he va. pumping gas and walking to the entranceway door. 15. A. Mr. Yost approached the entranceway door, he .tepped on . localized patch of ice located on the sidewalk abutting the 2 .torefront and he fell to the .idewalk. 16. Until Mr. Yo.t alippad and tell, the footing upon which he .toad and walked at the convaniance store wa. free from ice. 17. Mr. Yo.t .lipped and tell a. a direct result ot Sheetl'. carele..ne.. and negligence, which consisted of the following: a. railing to re.ove .aid ice which had accuaulated on the .idewalk within a rea.onable ti.e atter .leet had fallen; b. railing to re.ove .aid ice within a rea.onable ti.e atter Sheetz had noticed or should have noticed that ice wa. on the sidewalk; c. railing to make a rea.onable in.paction of the .idewalk, which in.paction would have reveal.d the exi.tenc. of the ice thereon; d. railing to give warning of the ice to Mr. Yo.t; .. Failing to erect a barricade around the ice or take other safety precautions to prevent Mr. Yost fro. stepping on said ice; and t. Failing to treat said ice with salt or other anti-skid materials. COUNT 1 Richard A. Yost v. Sheetz. Inc. 18. Paragraph. 1 through 17 are realleged and incorporated herein a. though .et forth in their entirety. 19. As a direct result of Sheetz's negligence and carele..ne.., Mr. Yost sustained numerous serious personal injurie., including, but not limited to, the following: 3 a. Sprain. ot both wri.ts; ~. contu.ion ot the low back; c. cervical .train; d. Frequent headache.; and e. Luabar pain with radiculitis into lett leg. 20. A. a direct re.ult of Sheetz'. carelessnes. and negligence, Hr. Yo.t ha. .uftered the tollowing damage.: a. Medical expen.e. in the amount ot $2,209.20; ~. Lost wage. in the amount ot $9,889.60/ c. Pa.t phy.ical pain, .ental anguish, di.eoatort, inconvenience and diltres. ; d. pa.t embarra...ent and humiliation; and e. pa.t lo.. ot lite'. pleasures. WHEREFORE, Richard A. Yo.t requeat. that judgment be entered in his favor and again.t Sheetz in an aaount not exceeding the juri.dictional liait. requiring this matter to be submitted to a board of arbitration, plus interest, costs and attorneys tee. a. peraitted by law. COUNT II Linda L. Y08~ v. Sheetz. Inc. 21. paragraph. 1 through 20 are realleged and incorporated herein a. though .et torth in their entirety. 32. Solely by rea.on ot the atorementioned accident and the injurie. suttered by her husband, Mrs. Yost has been deprived of the companion.hip, society, and services ot her husband, tor which da.age. are claimed. 4 VERIFICATION I verify that the statements made in the foreqoinq Complaint which are within the personal knowledqe of the un~er.iqn.d, are true and correct, and as to facts based on the information ot others, the undersiqned, after diliqent inquiry, believes them to be true. And further, as to lanquaqe and averment. which may constitute leqal conclusions, I siqn this verification on the recommendation of my attorneys who advise that the alleqations and lanquaqe in the Complaint constitutinq leqal conclusions are required leqally to raise issues for r..olution at trial, by the Court, or by continuinq investiqation and preparation for trial. I understand that some of these alleqation. may prove inappropriate after investiqation and trial preparation are complete and I leave determination of these matters to my attorneys on their advice. I understand that false statements herein are made sUbject to the penalties of 18 Pa.C.S.A. S 4904 relatinq to unsworn falsification to authorities. ~, ' " C!J) lI.cawr orcor-m II.UI or ('l~ ... CCMJNrY, l'Dll....yANIA cmL AC1ION. LAW NO.... INI _,'i.' HA'I Z2 10 110 AH '95 -'CfI!.. '" WIll' .. ~""'" .... 'Ii ..; II!!f ,! l!ilri'M\\" " . ~ 'r ",,' I r l ; ~., 'I'; \ : \. i I :\ Y. --...... ..._-~. .. 'CCl( ."1lI' ~Mlworth .. ~der~t. 't... ttIlllmIJ' tit Mill Zll EAST ORANOl STREET POST OffiCE BOX 1111 LANCASTlR, PlNNSYLVANIA 11608.1111 OI7l 191-1000 FAX (717l194.0641 5. Admllled, This answering Defendant admits the allegalions contained In Paragraph 5 of Plaintiffs' Complaint. 6, Admllled. This answering Defendant admits the allegalions contained In Paragraph 6 of Plaintiffs' Complaint. 7. Admllled. This answering Defendant admits the allegations contained in Paragraph 7 of Plaintiffs' Complaint. 8. Admilled. This answering Defendant admits the allegations contained In Paragraph 8 of Plaintiffs' Complaint. 9. Admllled. This answering Defendant admits the allegalions contained In Paragraph 9 of Plaintiffs' Complaint. 10, Denied. This answering Defendant denies the allegations contained in Paragraph 10 of Plaintiffs' Complaint. Defendant Is without present knowledge and Information sufficient to form a belief as to the truth or veracity of the averments contained In Paragraph 10 of Plaintiffs' Complaint. Strict proof Is demanded at the time of trial. 11, Denied. This answering Defendant denies the allegations contained in Paragraph 11 of Plaintiffs' Complaint. Defendant specifically denies that it was aware that it had sleeted and was or should have been aware that a patch of Ice had formed on the sidewalk. Strict proof is demanded at the time of trial. 12. Denied. This answering Defendant denies the allegations contained In Paragraph 12 of Plaintiffs' Complaint. Defendant is without present knowledge and Information sufficient to form a belief as to the truth or veracity of the averments contelned in Paragraph 12 of Plaintiffs' Complaint. Strict proof is demanded at the time of trial. 2 13. Denied, This answering Defendant denies the allegations contained In Paragraph 13 of Plalnllffs' Complaint. Defendant Is without present knowledge and Informallon sufficient to form a belief as to the truth or veracity of the averments contained In Paragraph 13 of Plaintiffs' Complaint. Strict proof Is demanded at the lime of trial. 14. Denied. This answering Defendant denies the allegations contained In Paragraph 14 of Plaintiffs' Complaint. Defendant is without present knowledge and information sufficient to form a belief as to the truth or veracity of the averments contained In Paragraph 14 of Plalnllffs' Complaint. Strict proof Is dflmanded at the time of trial. 15. Denied. This answering Defendant denies the allegations contained In Paragraph 15 of Plaintiffs' Complaint. Defendant is without present knowledge and Informallon sufficient to form a belief as to the truth or veracity of the averments contained In Paragraph 15 of Plaintiffs' Complaint. Strict proof is demanded at the time of trial. 16. Denied, This answering Defendant denies the allegations contained in Paragraph 16 of Plalnllffs' Complaint. Defendant is without present knowledge and Informallon sufficient to form a belief as to the truth or veracity of the averments contained In Paragraph 16 of Plalnllffs' Complaint. Strict proof is demanded at the time of trial. 17. Denied. This answering Defendant denies the allegations contained in Paragraph 17 of Plaintiffs' Complaint. Paragraph 17 of Plaintiffs' Complaint constitutes a legal conclusion to which no responsive pleading Is required. To the extent a responsive pleading may be deemed necessary, Defendant specifically denies that Sheetz's carelessness and negligence caused Plaintiff to slip and fall. To the contrary, Sheetz at all times acted In a reasonable and prudent manner to make the premises safe for Its 3 customers. Strict proof Is demanded at the lime of trial. 17.a. Denied. This answering Defendant denies the allegations contained in Paragraph 17(a) of Plaintiffs' Complaint. It is specifically denied that Defendant failed to remove said ice which had accumulated on the sidewalk within a reasonable lime after sleet had fallen. To the contrary, Defendant at all times acted In a reasonable and prudent manner in the removal of ice which had accumulated on the sidewalk. Strict proof of the averment contained in Paragraph 17(a) of Plaintiffs' Complaint is demanded at the lime of trial. 17.b. Denied. This answering Defendant denies the allegallons contained in Paragraph 17(b) of Plaintiffs' Complaint. It is specifically denied that Defendant failed to remove said Ice within a reasonable lime after Defendant had noticed or should have noticed that Ice was on the sidewalk. To the contrary, Defendant at all times acted In a reasonable and prudent manner to remove said Ice within a reasonable time after Sheetz had noticed or should have nollced that ice was on the sidewalk. Strict proof of the averment contained In Paragraph 17(b) of Plaintiffs' Complaint is demanded at the lime of trial. 17,c. Denied, This answering Defendant denies the allegations contained in Paragraph 17(c) of Plaintiffs' Complaint. It is specifically denied that Defendant failed to make a reasonable inspection of the sidewalk which Inspecllon would have revealed the existence of the Ice thereon. To the contrary, Defendant at all limes acted In a reasonable and prudent manner In Its Inspecllon of the sidewalk. Strict proof of the averment contained In Paragraph 17(c) of Plaintiffs' Complaint is demanded at the time of trial. 4 17.d. Denied. This answering Defendant denies the allegations contained in Paragraph 17(d) of Plalnliffs' Complaint. It is specifically denied that Defendant failed to give warning of the ice to Mr. Yost. Defendant at all times acted in a reasonable and prudent manner In keeping the premises reasonably safe for Its customers. Strict proof of the averment contained in Paragraph 17(d) of Plaintiffs' Complaint is demanded at the lime of trial. 17.e. Denied. This answering Defendant denies the allegalions contained In Paragraph 17(e) of Plaintiffs' Complaint. II is specifically denied that Defendant failed to erect a barricade around the Ice or take other safety precautions to prevent Mr. Yost from stepping on said Ice. To the contrary, Defendant at all times acted in a reasonable and prudent manner to take safety precautions to prevent its customers from stepping on said ice. Strict proof of the averment contained in Paragraph 17(e) of Plaintiffs' Complaint is demanded at the lime of trial. 17.f. Denied. This answering Defendant denies the allegalions contained in Paragraph 17(f) of Plaintiffs' Complaint. Ills specifically denied that Defendant failed to treat said ice with salt or other anli-skid materials. To the contrary, Defendant at all times acted in a reasonable and prudent manner to treat said Ice with calcium chloride and other snow and ice removal materials/treatments, Strict proof of the averment contained In Paragraph 17(f) of Plainliffs' Complaint Is demandad at the time of trial. 5 <- c: ., ~ = - , = " ~ ..' .., ',"r c-. ""- , ',n ,. , ::.: - ,. .. ,. - ., ~.: ~ 1M 111& COllar or COMMON ft.IAI or CI--' AJIID COIJNTY.I'INNSYLVANIA CIVIL AC1IOH. LAW NO." .1,. 1ICIIAaD.. WIT.. LINDA'" WIT, .... JUIi ZZ IZ 19 fH 'SS l'" , i i,,:'V")/'ffCr , ,)1, I' 'n1/( . CUI'1;f'ii~\~o OHMA~Y I'(:U"s ~ll',\OJ,~Hrr '.: .. ~... DlC... DIIt .c... .. DlC. IaLYto... MAnD , '.~.M1worth '~der~~t dllmIJllIt 11111I m EAST ORANoe snEET POST OffiCE \lOX IlII LANCASTER, ~ENNSYLVANIA 17608.1511 UIlI 397.7000 FAX Iml 394.064\ ,.'. ',',':', IJIl TIll: COWT or COMMON I'LlW 01' CP4P.' AND COONTY. ftlIINIYLVANIA CIVIl. ACTION. LAW NO. .. . ._ IICIIAI.,., \'Oft .. LINDA L. YOIf, ....... 9. _....INC. .. JnnK.8IOfrUI, IJIlC. ('~.u.cAD OI'_VIa . WaqrnanMlworth I. Kreider~t I., I. , ~.al"'lII . 112 EAST ORANOE STREET reST OFFICE BOX IIlI LANCASTER. PENNSYLVANIA 1l60a.llll (7111 J97.7000 FAX (717) J9lo0641 " y~,' '.\~ JUN 2'1 I 1j1 ftl '95 i. )I,'IIIE VI " ;J/(JIi::1A~Y cu",. ~.~.i"hf' f'Yil;I1Y iJ i 1 i ,\ :: ~ ~ '. ;. '1 j ~ .... " IN 'lBCOUl' CWf1M'l'lm IUAICW flI:> I -, o\MP COUftY,JllNNlVLYANIA CIYIIo AC1'IlIN . LAW 110.....711 JUN Z7 I 41 fH '95 , \ ~ ',; ..~roA.lOft.. ........ YOII', ...... I P .-,. ". ., " :J' OrfiOE ",' ; ,J.. . ,', ~ T 6i)'b.~~n~X~g~~~1W , ,N,'i5Y~~1.1/14 ' t. ... DIe. .. ....A _II a. '. IIlC. CD._aftOl'~A , ' hihworth ~~ ".Kreidet '. .' t """"'~ lW ,.". tit...... ".., 1IllJ\ST OIlANOI ST~IBT POSTOf.ICIBOX IllI ~ANcAsn~. 'INNSYLVANI^ 11601.1ll1 (7111 397-1000 , FAX (717)39.-06.' IN THE COllaT or COMMON PLEAS or CVMUILAND COIJ1llTY. flENNSYLVANlA CIVIL ,\COON. LAW NO. ".1* aJCHAIUI A. YOIT .. UND~ L. YOIT. ~ .. lIHIEITl. INC. .. Kwtuuorrus,lNC. CIIInnc~n: or SUVlCE , '. I ,,',' " " ; I ; ',~M1worth , " " " ,'Kreider~t , III*lnNJI tit I4u1 ; %II lAST ORANoe snUT POST OFFICI BOX 1111 LANCASTER. PINNSYLVANIA 11608.1121 l71ll191.7000 PAX (711)l94-064' mEO.OFFlC~ Of rilE l'f\0TtION~ fAkY OJJoI!itIiI.AHO OI)UNTY FEHHS'(LV^NIA Nov Z 3 ~4 PH '95 IN nlE COUIIT or CII~t\IOS PU:AS OF CVI\IIEIlLAND COUNTY, PENNSYI.VANIA CIVIL Acnos. LAW NO. " . 1105 IlICHAaD A. YOST ud UNO" L. YOST. I'Iolatlm. " SHIETZ, INC. .. KWlK-5l10rrus. INC. , CEIlnnCATE or SERVICE Wd0nanMlworth Kreider~~t aItom<IJ. at law III EAST ORANOE STREET POST OFFICE BOX 1111 LANCASTER, PENNSYLVANIA 11608.llll (111) 191.1000 FAX (111) 194-0641 . . Nay 2 3 011 PI1'95 , H.rD'OfTIC, ~,~ ~Il: !Ht(I!W..I',jM1)' t'JUHt.>~rl!~J:dj i.,1~\.IN1Y fElHiSiLv.',NI! \"' IN 'nil COtlIIT or COMMON "'us or ClJMIIILAND COUNTY. rlNNSYLVANlA CML ACnON . LAW NO. ,. . 1715 1IC1l.uD A. YOST .. UNDA L, YOST. ......,. .. IIIII1'Z, INC. .. . ItWllt.sHOmlS, INC. -~ . PLUCIPE TO DISCONTINtJE '. ~Ac:hworth Kreider&L\Vri01t 4IIIonN3wat law III EAST ORANOE STREET pOST OFFICE BOX 111I LANCASTER. PENNSYLVANIA 11608.1111 (1111191.1000 FAX (111) 194.064' , " . ALED-OFACe OF THE FHOTHONOTARY ;... , 96 J~lI-11 Pi" 2: 42 CUMUIJllA.'D CQUNlY , PEN~S'I\:/;\l'~I^ eUMBERLAND COUNTY . 1>ECLARATION.. OF CAMERA OPERATOR I OFFICE OF THE PROTHONOTARY h CURT LONG ' BEGIN ~ ~ 1&~6 END ~ -#- 170:/ THIS CERTIFICATE WAS FILMED ON f12JJiP THE RECORDS WERE FILMED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE OFFICER INDICATED ABOVE. &UJ --- ~-eA~/U SIGNATURE ()'F MICROFILM CAMERA OPERATOR . . ,;,U/AJJF L.t;Cf-W~ PRINTED NAME OF CAMERA OPERATOR I I