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HomeMy WebLinkAbout95-04386 ~ ,.," _I/) f -I a.. ~ Li.J . : ~: ',',<' .. .~. .' "it,; ., .' " :"1 ^>~'~ ',i. E ~ J 'c ".'::: ',~ ~ , ~, ,1 -' CO en :t j I ---'" ~-~ ,.: y",,: Qo~ . . o ,--.; '<..;. ", .. CERTIFICATE OF SERVICE AND NOW, this ~ day of April, 1996, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYHOS , CALKINS, hereby certify that I have, this date, served a copy of PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS FROM ARGUMENT LIST by United States Mail, addressed to the party or attorney of record as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 Attorney for Plaintiff BY: GRIFF H, STRICKLER, LERMAN, INS BERT A. LERMAN A torney for Defendan Supreme Court 1.0. *07490 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 trnc/wendyses.prp.z 2 ',- r- r.: L:~: ...... i" . , U1~ .::t :, (-~~ ;=.)...~ li~i '-'- I.J;_~ q" -',:::.i . ".- (..)1 ---. '(n u.,-.. I ~ ;~;; U: r.: . 1(i] r> -:~ ;;::.. ...: " I~n ~.. , , Cl U 4 ~ , SANDRA ESTEP. Plaintiff #5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. WENDY'S INTERNATIONAL, INC.. Defendant NO. 95-4386 CIVIL TERM fRETRIAL CONFERENCE At a pretrial conference held February 26. 1997, before Edgar B, Bayley, JUdge. present for the plaintiff was Patrick F, Lauer. Jr.. Esquire. and for the defendant. Robert A. Lerman, Esquire. On April 8. 1994. plaintiff. Sandra Estep. while eating a garden salad at a WendY's on Simpson Ferry Road, bit into a hard crystal object. She immediately reported the incident to the restaurant manager. and the piece of crystal has been retained, Plaintiff initially consulted her familY dentist and then was referred to an oral and maxillofacial specialist, Dr. Robert Beaudry. Plaintiff will be calling Dr, Beaudry at trial, Plaintiff maintains that she sustained an injury to her Jaw discs, with TMJ as a result of the incident. She maintains that she suffers permanent pain and complications, Plaintiff seeks general damages. medical expenses of approximately $3.00.00. and future medical expenses, There is no claim for lost wages or loss of earning capacity. Plaintiff has been examined by a defense oral and maxillofacial specialist. Dr. John R, Zeleznock, The defense maintains that plaintiff does not suffer from a TMJ dysfunction nor did she sustain a TMJ or any other dental injury as a result of the incident at Wendy's. Patrick F. Lauer, Jr" Esquire For Plaint! ff Robert A, Lerman, Esquire For Defendant March 17, 1997, Estimated time of trial, one to one and 0 half days. The court administrator is directed to make on effort to list this case to commence on the :prs ~ 0, ::: tr; lr. ~: ,', .. ?< w[': - -' ~-:; fE5 z.:: ):~ 1:;j -~ ~( ,... ".(fl L N "1% '-~ ...JU' cc iliJ a;,. Lu ::;lfJ.. (-'; 1.1... I.r.. r- ~:j u O'l u . .-. u ,.... ~ "C.-.. .<: -'1',,,.'. " -'.-' , ;.-,.- -,,;: QjT~' Y::),:jf;:;- -:.. ,-: ' ~. &,0' - ",.Jt -",-."'/,:; .... -- . . Commonwealth of Pennsylvania County of Cumberland SANDRA ~J."I!it" Court of Conunolt Pleas w. No. m~.:i::43.1l.ILCi.'lil_~_________m 19____ 1iEMJlC'S INlERNATI~. nr:. SinpKln FerJ:y Ib5i at Z:inmeDnan Ib5i In ____Ci.'!:i.l_Ac;t;l.m_::_UlIi_n________________ Cmp Hill. PA 17011 To __.Hel)~~I.il_1ntematio.nal._lnc.__________ You are hereby notified that .______~~_~_~~F____________________________________________________________________________ the Plainticr has commenced an action in ___~'l;U_~tion_::_IA~_________________________._n__ against you which you are required to defend or a default judgment may be entered against you. (SEAL) Ilate ___~!1~!__!~________________ t9__~~ ._._.""'.....J!'_~~--.--.-.--...----. By ----J~"Lf-1nf.;f..'-~[1------.-. J , ~tn .~ j d J~ ~&l", ... ... 'tj....O ... . ~... '" g.... '" N Ij~ ':E I III .S ~ b'J ..-l .....-l , I ni~~~ ~ I J '[ M~ I I ~~Ul~85 ~ II I .~ ClO:;j 1< ~.... .-l ~ I ~ JJ ~"" 3 I ui I .;~~. :~ I I I I I I I ~ I !~~Sg~ I I ~ I I I I ~ I I I .- . ..- . SANDRA ESTEP, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NOI 95-4386 I WENDY'S INTERNATIONAL, INC, I CIVIL - LAW Defendant . JURY TRIAL DEMANDED , NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and Notice are served, by entering a written appearance 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 DAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TBB OFFICE SET FORTH BELOW TO FIND OUT WBBRB YOU CAN GET LEGAL BBLP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 SANDRA ESTEP, Plaintiff v. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 95-4386 . : CIVIL - LAW : JURY TRIAL DEMANDED WENDY'S INTERNATIONAL, INC, Defendant COMPLAINT 1. The Plaintiff, Sandra Estep, is an adult individual who currently resides at 408 Longview Avenue, New Cumberland, Cumberland County, PA 17070. 2. The Defendant, Wendy'S International, Inc., is a corporation owning a Wendy'S eating establishment located at Simpson Ferry Road at Zimmerman Road, Camp Hill, Cumberland County, PA 17011. 3. On or about April 9, 1994, Plaintiff, an invitee of Defendant, purchased a Wendy's Garden Salad at Defendant's Wendy's. 4. Plaintiff attempted to eat the salad at which time she bit into a hard crystal object which caused her to suffer extreme pain in her jaw, 5. Pam Foose of R,D, Box 698 Pisgh State Shermans Dale, Pennsylvania 17090, and by Brenda Kautz of 429 West Keller Street, Mechanicsburg, Pennsylvania 17055, witnessed Plaintiff bite into the hard crystal object contained in her Wendy's Garden Salad. 6, Plaintiff and her two companions notified Bob Demister, manager of Defendant's Wendy'S, of the incident and turned over to him the hard crystal object. 1 7. Defendant is liable for Plaintiff's injuries because Plaintiff's salad would not have contained a hard, crystal object absent negligence on the part of Defendant. 8. Defendant's negligence was the direct and proximate cause of Plaintiff's injuries. 9. As a direct and proximate result of the Defendant's negligence, the Plaintiff has incurred various medical expenses which include treatment by Miller Oral Surgery, 400 Nationwide Drive, Harrisburg, Pennsylvania 17070, A claim is made therefore. 10. As a direct and proximate result of Defendant's negligence, Plaintiff suffered substantial pain and suffering, A claim is made therefore, WHEREFORE, the Plaintiff demands judgment against the Defendant in excess of the statutory limit for compulsory arbitration for pain and suffering, medical expenses, lost wages, court costs, and attorney fees, Respectfully Submitted: \?~l_. '\2"" ./\ _ J \Q.l~~. ~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Bldg, Camp Hill, PA 17011 Phone: (717) 763-1800 PA Supreme ct. IDI 46430 ATTORNEY FOR PLAINTIFF Date: :1- 1- q t 2 SANDRA ESTEP, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v, : NO: 95-4386 . . WENDY'S INTERNATIONAL, INC. Defendant : CIVIL - LAW : JURY TRIAL DEMANDED VERIFICATION I, Sandra Estep, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief, I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa C.S. 4904, I:d~~tCy DATED: ;' /, /16 : ." ~:< " -,,-~ .~ t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA ESTEP, Civil Action - Law Plaintiff vs. No. 95-4386 WENDY'S INTERNATIONAL, INC. Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OP DEPBNDANT WBNDY' S INTERNATIONAL, INC, TO PLAINTIPP' S COMPLAINT AND NOW, comes the Defendant, Wendy'S International, Inc., by and through its attorneys, Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Preliminary Objections to Plaintiff's Complaint: I, - MOTION POR MORE SPECIPIC PLEADING 1. Plaintiff's Complaint purports to state a cause of action for negligence relating to an object which Plaintiff's claims was in a salad she purchased from Defendant. 2. Plaintiff's Complaint lacks any specific allegations as to how or why or in what way the Defendant was negligent. 3. Plaintiff's Complaint alleges that she suffered extreme jaw pain as a result of the Defendant's negligence. 4. The Complaint lacks any specific allegations as to the nature and extent of the injury sustained. 5. Rule 1019 tal of the Pennsylvania Rules of Civil Procedure provide that the material facts upon which a cause of action or defense is based shall be stated in concise and summary form. , 6. Rule 102B(a) (3) provides that preliminary objections may be filed by any party to a pleading for insufficient specificity in a pleading. WHEREFORE, Defendant Wendy's International, Inc. requests that this Honorable Court order Plaintiff to file a more specific Complaint in this regard. II , - MOTION TO STRIU: FAILURE TO CONFORM TO LAW FOR RULE OF COURT 7. Defendant Wendy's International, Inc. incorporates herein by reference, as though fully set forth at length, paragraphs 1 through 6 of I. above. B. The Plaintiff's prayer for relief requests lost wages and attorney's fees. 9. Nowhere in Plaintiff's Complaint, in itemized paragraphs 1 through 10 inclusive, does Plaintiff allege she lost wages for time from her place of employment related to the alleged incident at Defendant's business establishment. 10. Attorney's fees are not recoverable in this civil action filed by Plaintiff, under Pennsylvania law. WHEREFORE, Defendant Wendy's International, Inc. requests that this Honorable Court to strike Plaintiff's request for relief in the form of lost wages and attorney's fees from her Complaint. III. - DEMURRER FAILURE TO STATE A CAUSE OF ACTION UPON WHICH RELIEF CAN BE GRANTED 11. Defendant Wendy's International, Inc. incorporates herein , ", "'",;"':'. ~:.... . -.",.' by reference, as though fully set forth at length, paragraphs 1 through 10 above. 12. As a matter of law, for lack of specificity, Plaintiff's claim fails to state a cognizable claim upon which relief can be granted. WHEREFORE, Defendant Wendy's International, Inc. requests that this Honorable Court grant this demurrer and dismiss Plaintiff's Complaint. Respectfully submitted, BY , STRICKLER, LERMAN, OS . CALKIN~ OBERT A. LE , ESQUIRE ttorney for the Defendant Wendy's International, Inc. 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney ID 07490 vds/lIZ1 Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA ESTEP, Civil Action - Law Plaintiff vs. No. 95-4386 WENDY'S INTERNATIONAL, INC. Defendant JURY TRIAL DEMANDED AND NOW, CERTIFICATE OF SERVICE ,") 'ifl4 this ,-;:k:T day of February, 1996, I, Robert A, Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of preliminary Objections of Defendant to Plaintiff's Complaint, by United States Mail, addressed to the party or attorney of record as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 , STRICKLER, LERMAN, OS & CALKINS m-;;J BY BERT A. LE , Attorney for the 0 fendant Wendy'S International, Inc, 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 Attorney 10 07490 , , vs, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-4386 Civil Term SANDRA ESTEP Plaintiff WENDY'S INTERNATIONAL, INC, Defendant I CIVIL ACTION - LAW . , , , AMENDED COMPLAINT 1. The Plaintiff, Sandra Estep, is an adult individual who currently resides at 408 Longview Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2, The Defendant, Wendy'S International, Inc., is a corporation owning a W~ndy's eating establishment located at Simpson Ferry Road, Zimmerman Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3, On or about April 8, 1994, Plaintiff, an invitee of Defendant, purchased a Wendy's garden salad at Defendant's establishment so indicated above. 4. As Plaintiff attempted to eat the salad, she bit into a hard crystal object which was in among the vegetables which made up the salad. Said hard crystal object caused her to suffer extreme pain in her jaw. 5, Pam Foose of RD Box 698, Pisgh Street, Shermans Dale, Pennsylvania 17090 and Brenda Cautz of 429 West Keller Street, Mechanicsburg, Pennsylvania 17055, witnessed this incident. 6, Plaintiff and her t~o companions notified Bob Demister, the manager on duty at the time of the incident, and turned over to him the hard crystal object found in the salad, 7, As a business invitee, Defendant owned Plaintiff a duty of care to ensure that Plaintiff would not suffer injury while on their premises. 8, Defendant was negligent, to wit1 a, Defendant failed to exercise do care in the preparation of its food items to ensure that non-food substances such as the hard crystal object would not be found in the salad1 and b. Defendant failed to warn Plaintiff that foreign objects may be mixed in with the salad and other food items purchased from Defendant1 and c, Defendant failed to take necessary steps to appropriately inspect its food items before serving them to Plaintiff, 8, Defendant's negligence was a direct and approximate cause of Plaintiff's injuries, 9. As a direct and approximate result of the Defendant' s negligence, the Plaintiff has incurred various medical expenses which include treatment by Miller Oral Surgery, 400 Nationwide Drive, Harrisburg, Pennsylvania 17070 for an immediate sprain and problem of the joint. A claim is made therefore, SANDRA ESTEP, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I v, I NOI 95-4386 . , WENDY'S INTERNATIONAL, INC. Defendant I CIVIL - LAW I JURY TRIAL DEMANDED VERIFICATION I, Sandra Estep, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief, I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa C.S, 4904. , ~ .Jt.~) .P Sandra Estep DATED I 3>-1- ~c SANDRA ESTEP I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA : vs. I NO. 95-4386 Civil Term I WENDY'S INTERNATIONAL, . CIVIL ACTION - LAW , INC. . , Defendant . , CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint upon the person, 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 with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Wendy's International, Inc. Simpson Ferry Road at Zimmerman Road Camp Hill, PA 17011 Broam J, Bradley Kemper National Insurance Company PO Box 231 Worhtin.ton, 08 '30.5-0231~ ~ (:Ed /&t~ Patrick F, Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 10# 46430 Telephone (717) 763-1800 Date: ~ -~-~C ''''''~' ~'.:"... '" "',',",' .....; 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAKDRA ESTEP, Civil Action - Law Plaintiff vs. No. 95-4386 civil Term WENDY'S INTERNATIONAL, Defendant NOTICE TO PLEAD TO: Sandra Estep, Plaintiff c/o Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Hatter and Cross claim within twenty (20) days from service hereof or a judgment may be entered against you. tt~ BY: B RT A. L Supreme Court 1.0. .0 490 110 South Northern Way York, Pennsylvania 17402 Actorney for Defendant (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA ESTEP, Civil Action - Law plaintiff vs. No. 95-4386 Civil Term WENDY I S INTERNATIONAL, Defendant ANSWER AND NEW MATTER TO AMENDED COMPLAINT And now comes the Defendant, Wendy's International, Inc., by its counsel, Robert A. Lerman, Esquire and GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS and files the following Answer and New Matter to Plaintiff's Amended Complaint: 1. Admitted. 2. Admitted. 3. Denied. To the extent the allegations. set forth in paragraph 3 of Plaintiff's Amended Complaint constitute a conclusion of law, no response is required. The remaining allegations of paragraph 3 of Plaintiff's Amended Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 3 of Plaintiff's Amended Complaint and the same are denied and strict proof thereof is demanded. 4. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 4 of Plaintiff's Amended Complaint and the same are denied and strict proof thereof is demanded. 5. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 5 of Plaintiff's Amended Complaint and the same are denied and strict proof thereof is demanded. 6. Admitted in part and denied in part. It is admitted that Plaintiff notified Bob Demeester, who was the manager on duty at the time of the incident, and advise that Plaintiff had found a hard object in her salad and produced an object and gave it to Mr. Demeester. The remaining allegation of paragraph 6 of Plaintiff's Amended Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 6 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 7. Denied. The allegations set forth in paragraph 7 of Plaintiff's Amended Complaint constitute a conclusion of law to which no response is required. To the extent a response is required, it is averred that Defendant fulfilled any and all duties owed to Plaintiff and strict proof to the contrary is hereby demanded. 8. Denied. It is denied that the Defendant was negligent, to wit: a. Defendant failed to exercise do [sic] care in the preparation of its food items to ensure that non-food substances such as the hard crystal object would not be found in the salad; and b. Defendant failed to warn Plaintiff that foreign objects may be mixed in with the salad and other food items purchased from Defendant; and 2 c. Defendant failed to take necessary steps to appropriately inspect its food items before serving them to Plaintiff. On the contrary, it is averred at all times relevant Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances, and fulfilling all duty of care owed to Plaintiff and strict proof to the contrary is hereby demanded. B. [sic] Denied. It is denied that the Defendant's negligence was a direct and approximate' [sic] cause of Plaintiff's injuries. On the contrary, it is averred at all times relevant Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances, and fulfilling all duty of care owed to Plaintiff and strict proof to the contrary is hereby demanded. 9. Denied. It is denied that Defendant was negligent or that its negligence was a directly and approximate [sic] result of injuries and damages Plaintiff sustained. The remaining allegations of paragraph 9 of Plaintiff's Amended Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 9 of Plaintiff's Amended Complaint and the sarne are denied and strict proof thereof is demanded. 10. Denied. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 10 of Plaintiff's Complaint and the same are denied and strict proof thereof is demanded. 11. Denied. It is denied that Defendant was negligent or that its negligence was a directly and approximate [sic] result of injuries and ÿ3 damages Plaintiff sustained. The remaining allegations of paragraph 9 of Plaintiff's Amended Complaint are denied in that after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations contained in paragraph 11 of Plaintiff's Amended Complaint and the same are denied and strict proof thereof is demanded. WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff together with cost of suit. By way of further answer, Defendant asserts the following: NEW MATTER 12. Paragraphs 1 through 11 are incorporated herein as though fully set forth at length. 13. Plaintiff's Amended Complaint fails to state a cause of action upon which relief can be granted. 14. Plaintiff's Amended Complaint may be barred by applicable statutes of limitation. 15. At all times relevant, Defendant acted carefully, lawfully, properly and prudently, with due care under the circumstances, fulfilling any and all duty of care owed to the Plaintiff. 16. If the Plaintiff found an object in her salad, which is specifically denied, the appearance of said object did not result because of negligent or inappropriate conduct on the part of Defendant or its employees, servants or workmen and strict proof thereof is hereby demanded. 17. Plaintiff may have failed to mitigate her damages. 4 18. Plaintiff's injuries and damagos, if any, were caused solely and directly as a result of the conduct of individuals or entities other than Defendant over whom Defendant had no responsibility or control. 19. Plaintiff has recovered from any injuries she sustained as a result of the incident alleged. 20. Plaintiff's injuries and damages, if any, do not exceed the statutory limit for compulsory arbitration. WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff together with cost of suit. TRICKLER, LERMAN, S , CALKINS BY: J1t~ BERT A. LERMAN A torney for Oefe dant Supreme Court 1.0. 107490 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 5 . :- i , ....-".........,., VERIFICATION I, LIIDl FITZPATRICI , do hereby verify that I am the for the pleading party herein, and that the II:ClI ~tnAIIT facts set forth in the foregoing pleading are true to the best of my knowledge, information and belief, upon information supplied. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. WENDY'S INTERNATIONAL, INC. Dated: ~//'/'1'~ . BY:~ i. ~ . JJ~l'~ 6 AND NOW, this CERTIFICATE OF SERVICE f)1.( ~ Ho.~ .Jt2- day of~, 1996, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS , CALKINS, hereby certify that I have, this date, served a copy of ANSWER AND NEW HATTER TO AMENDED COMPLAINT by United States Mail, addressed to the party or attorney of record as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 Attorney for Plaintiff STRICKLER, LERMAN, OS , CALKINS BY: R BERT A. LERMAN Attorney for Defendant Supreme Court 1.0. 107490 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 tmc/wendyses.anm.z 7 PRABCIPS FOR LISTING CASB FOR TRIAL (""'at be typewritten and aul:1n1tted in duplicate) '10 '11iB PJmH:H7l'ARY OF ctHlERLAN) CXllH1'Y PleIIae liat the foUowing easel (Chec:k one) ( X) for JURY trial at the next term of civil court. ( ) for trial without a jury. . . ----------------------------------------- CAPl'IOO OF CASE (entin caption IlIJlIt be stated in full) SANDRA ESTEP (check one) ( X) Civil Action - Law ( ) Appeal fran Arbitration ( ) (other) (Plaintiff) VB, WENDY'S INTERNATIONAL, INC. The trial list will be called on 1 2/17/96 end Trials axnnence on 1/27/97 (Defendant) Pretrials will be held on 1 /2/ 'D......- (Briefs are due 5 days before pretri.els,) (The party listing this case for trial shell provide forthwith a copy of the praecipe to all <XlUllsel, pursuant to local ~ 214,1.) VB. No. 4386 Civil - Law 1995 Indicate the attomey who will try case for the party who files this praecipel Patrick F. Lauer, Jr., Esquire Indicate trial counsel for other parties if knowru Robert A. Lerman. Esauire ~RIFFITHr iTRI~K~ER. l~RMAN. iO~YMQ~ & C~lKINS 'Ibis case is ready for trial. :=:!~t.~: Datel o~tobgr 14. 1905 Attomey fori SSl\dra Estep, Flaintiff f:~ 1.0 u: f-:.: .' - . :'l lU~ 0- " <.) , ~, ,~ [J: .-j II., y, ..0 1 ,^ G . . tI.' , It] ':'J 1-,- LI":: c.: c..; , , , < " , ..' SANDRA ESTBP, Plaintiff I IN THB COURT OF COMMON PLEAS OF I CUMBBRLAND COUNTY, PENNSYLVANIA I I NOI 95-4386 I I CIVIL - LAW I JURY TRIAL DBMANDBD v. WENDY'S INTBRNATIONAL, INC. Defendant CBRTIFICATE OF SBRVICB I, Patrick F. Lauer, Jr., Bsquire, hereby certify that on this date the foregoing PRAECIPB TO REMOVE FROM CIVIL TRIAL LIST was served on all interested parties by depositing a true and correct copy of the same in the United states Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Robert A. GRIFFITH, 110 South York, PA Lerman, Esquire STRICKLER, LERMAN, Northern Way 17402..3737 SOLYMOS & CALKINS DATBDI I( (1 (1(, BY: jJ~ ~~, Patrick F. Lauer, Jr., Esquire 2108 Market Street/Aztec Bldg. Camp Hill, PA 17011 (717) 763-1800 2 PRAECIPE FOR LISTING CASE FOR TRIAL (~st be typewritten and sutmitted in duplicate) TO 'mE PRmlOtOl'ARY OF C\J>lBERI.J\/'I) COUNl'Y P ~ ~;.. - Please list the fallowing casel r:1i,- ~ ~"'-' ~..., I (Check one) (XX) for JURY trial at the next term of civil ~, 0:> r~[. ;i;c ~1 ---------------~~~~~:~~~::~~--------~h-~- CAPl'ION OF CASE '-: (entire caption nust be stated in full) (check one) (XX) Civil Action - Law ( ) Appeal fran Arbitration ( ) ~(\ 'J :.jf!l ''"'~ "q ", '"J -1.;:0 A'~ ;-:": ;- ~ SANDRA ESTEP (other) (Plaintiff) vs. The trial list will be called on 2/18/97 and WENDY'S INTERNATIONAL, INC. Trials commence on 3/17/97 (Defendant) Pretrials will be held on 2/26/97 (Briefs are due 5 days before pretrials,) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214,1.) vs. No. 4386 Civil -LAW 1995 Indicate the attorney who will try case for the party who files this praecipe I PATRICK F, LAUER, JR., ESQUIRE Indicate trial counsel for other parties if knOWl'lI ROBERT A. LERMAN, ESQUIRE GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS This case is ready for trial. Signed I PATRICK Datel J1( 7/0 ~ I Attorney foCI SANDRA ESTEP, PLAINTIFF 22. SANDRA ESTEP : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 95-4386 CIVIL TERM WENDY'S INTERNATIONAL, INC. ORDER OF COURT AND NOW, December 17,1996, by agreement of counsel, the above- r, t" {i cap[oneirmatt~r.is hereby continued from the January 1997 Trial Term. Counsel Is lZlf: (', . .f'"': dr~ed;tc) relist,the case when ready. ~'" ", i..~, ".. . 1~'" YJ.. ': ~ l'{- <:.~ ':,,' r:.~ . ,.. ~ -::.. By the Court, (d C>o( P- ~L Harold E. Sheely, P.J. Patrick F. Lauer, Jr., Esq. For the Plaintiff ('0C\\\e.o. ~\.(...:., \:r~\~ All Robert A. Lerman, Esq. For the Defendant Court Administrator :br PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) ..0 q. o (1' h :.::1 .'"( ,,- ,-rt . ,,;11 --0\')' \1: tt.~~ ~, "~~~ tfJ7:" 0 ";I 'a.t',~_ ~ qj'O ~b ~ ~ 7<;; .. ~ ~ ~ ::l ~ "" .-.-.-----.-....---..-...-.........................-....--...-.-..-.-.-...-.....--........-.......-...-......--....- TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the lollowlng case: (Check one) ( XX) lor JURY trial at the next term 01 civil court. ) for trial without a lury. CAPTION OF CASE (entire caption must be stated In lull) (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (XX) Civil Action" Law (other) SANDRA ESTEP (Plalntlll) vs. The trial list will be called on 2/18/97 Wendy's Internationsl, Inc. and Trials commence on 3/17/97 Pretrials will be held on 2/26/97 (Briefs are due 5 days belore pretrials.) (The party listing this case lor trial shall provide lorthwllh a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) (Defendant) vs. N 4386 o. Civil Law 19~ Indicate the attorney who will try case for the party who Illes this praecipe: Robert A. Lerman, Esquire Indicate trial counsellor other partles If known: Patrick F. Lauer, Jr., Esquire This case Is ready for Irlal. Signed: Prlnl Name: Robert A. Attorney for: Wendy's International, Inc., Defendant Dale: December 18, 1996 .:....~ I l tt r SANDRA BSTBP, Plaintiff I IN THB COURT OF COMMON PLEAS OF I CUMBBRLAND COUNTY, PBNNSYLVANIA I I NOI 95-4386 I I CIVIL - LAW I JURY TRIAL DEMANDBD v. WENDY'S INTERNATIONAL, INC. Defendant PRAECIPB TO DISMISS TO TUB PROTBONOTARYI Please mark the above captioned case settled and dismissed with prejudice. Date I 3-3 -'7 '7 Respectfully submitted, ?4.6.. .squire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDI 46430 Tel, (717) 763-1800 SANDRA ESTEP, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NOI 95-4386 I I CIVIL - LAW I JURY TRIAL DEMANDED v. WENDY'S INTERNATIONAL, INC. Defendant '. CERTIFICATE OF SERVICE I, Patrick F. Lauer, Jr., Esquire, hereby certify that on this day I served a true and correct copy of the foregoing praecipe to Dismiss by first class mail, postage prepaid, addressed to the following I Robert A. Lerman, Esqui&e GRIFFITH, STRICKLER, LERMAN, SOLYHOS & CALKINS 110 South Northern Way York, PA 17402-3737 Date I 3-"5-)(' Respectfully submitted, ~~ ~- I (A Pa rick F. Lauer, Jr~Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 IDI 46430 Tel. (717) 763-1800 I I I -:-.. .u I , L;"; I .. _,.r II , ( '" " (' --~i (.'II " C. r.::i " , 0- .~: .1 ..- c: ....- i<,~ I ,- i ( " 0" w