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HomeMy WebLinkAbout96-00581 , ,. , I "dl ~i 1~ ~~I , -II c I o VJ ~ >l o ~ ~ ,[ J - 00 lr) vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: y~- Sfl (It/lk.l.JcVW'- : : CIVIL - LAW : JURY TRIAL DEMANDED DONALD SAUL OBERSON, Plaintiff WENDY'S INTERNATIONAL, INC. Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after 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 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 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ~ -^...........f.. . ..... , " DONALD SAUL OBERSON, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NOI I I CIVIL - LAW I JURY TRIAL DEMANDED vs. WENDY'S INTERNATIONAL, INC. Defendant COMPLAINT 1. The Plaintiff, Donald Saul Oberson, is an adult individual who currently resides at 1801 Creek View Court, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, Wendy's International, Inc., is a corporation owning a Wendy's eating establishment located at Plaza 21, North 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about September 14, 1995, Plaintiff ate dinner at Defendant's Wendy's, walked outside and slipped on a hamburger wrapper and french fry box causing injuries to his face and cheekbone requiring surgery. 4. The Defendant had a duty, as the owner of the property and/or tenant of its real estate, to maintain the property in a safe and reasonable manner by keeping it free and clear of food wrappers, boxes, and other debris which foreseeably surrounds a fast food restaurant. 5. The Defendant failed to have wrappers, boxes, and debris routinely removed from said area. 6. The Defendant's failure to routinely remove said wrappers, boxes, and debris caused the Plaintiff to fall. 7. The Defendant was negligent because it failed to provide for the routine removal of wrappers, boxes, and debris on its property. 8. At the time the Plaintiff fell upon Defendant's property, it was neither raining nor snowing. 9. Defendant's failure to routinely remove wrappers, boxes, and debris from its property was the direct and proximate cause of Plaintiff's injuries. 10. As a result of the Defendant's negligence, the Plaintiff has incurred various medical expenses which included treatment at Holy Spirit Hospital and Aesthetic & Reconstructive Surgery of Central Pennsylvania, P.C. A claim is made therefore. 11. Defendant's failure to routinely remove wrappers, boxes, and debris caused the Plaintiff substantial pain and suffering, and lost wages from his employment. A claim is made therefore. i' i I ~ 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: Date: / hi Ai< ~~~---~ Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Bldg. Camp Hill, PA 17011 Phone: (717) 763-1800 PA Supreme Ct. IDS 46430 \ . .' DONALD SAUL OBERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: WENDY'S INTERNATIONAL, INC. Defendant CIVIL - LAW JURY TRIAL DEMANDED VERIFICATION I, Donald Saul Oberson, 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. , <. -: ~'--"'" Donald Saul Oberson DATED: I ho /96 SHERIFF'S RETUhN fd:c-.ULAE CASE NO: 1996-~058l p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OElE:J!i.iQJLl'.QJI.ALJL~~.lJ..I,._____ YS, WENDY'S INTERNATIONAL INe " PH.LL..l.LJ!AUGll.MAN ________..__., Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being July 6Worn accorJ1ng to law, says, the within COI'!.E.bAl!1.I______________________ was served upon WENDY'S INTERNATIONAL INC Jefpndant., at 112~J..gI_11l HOURS, on thE' _5j:.h day of (l?brll..iI.!'L- thl? --' 19~~:C nt NORTH 21ST STREET PLAZA 21 (:ounty, Pennsylvania, _____________, CUMBERLAND by handing to ,~)::RRY KULP,-..t1A1IAGER AtH' ADULT --Y C A"M P .111 L1~L...E.!L 17011 ill.s,l!JI_F G E o true and attested copy toaether' with II.OTICE of the ,f;:.QltE.l,;\J.J:I.L -.-' -..------, and at the same time directing tUXe ilttention t,) the ".'c'nt.ents thereof. Sheriff's Costs: [JocketinQ SerV1C(l - Affl.d<l'/it Surcharge 18.00 8,40 .00 2,~0 So answ~,,;-~ ~...t: _~ R:--l1i"m"2I\E-:l-':::-She~ s:;g:-41')PATRICK F. LAUER, JR, 0;2/0E.i ~::% I(.P .{),,., R II !l - .. ,JJPI,../fs~ 5wo~n and subscribed to before ~0 t.hIS ._~ _ dilY of 1.(.~-7" 1'3 f)IL... A. ['. -Cf-t~ --9 "o1r,i{~y,,-,~~~- ~ .. >0- m '- ~ i i rr: ~~ ~~tl ,.: '~~10 UJ!:-? !2 c_:).....; ~ I ~ I r-l.. .' ~...J ;:: >.. 11.-"- .... 1'" ;.J S .~ (.)~-.~ .- r:': ''l . ., I~~ L;~ ~ ,"J.;:,; [;1 {-:" '--l:'!';] I ~-'.. .- f ,,- I', ." :,3 t.J ()l U _. ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON, Plaintiff Civil Action - Law vs, No, 96-581 WENDY'S INTERNATIONAL, INC" Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Wendy's International, Inc., in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By:((MA, L. -==' ROBERT A. LERMAN Attorney for the Defendant Supreme Court I.D, #07490 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Date: ~-8-qb - CERTIFICATE OF SERVICE AND NOW, this 8th day of February, 1996, I, Robert A, Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of PRAECIPE FOR ENTRY OF APPEARANCE 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 Attorney for Plaintiff GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By:QU~. L .~ ROBERT A. LERMAN Attorney for Defendant Supreme Court I,D, #07490 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 tmc/1IVX I .. ~ '.. ...,., ~ i i is: C 1'': .. "_'0.-:: lU~'-: ~ r: (."). ,..... " h'l E~ . " -. . .- ~ j lJ: , ".' ~ 'a r~ ' " 1...:.- ~ ' , , I!~ ,.!" " L..., .,'-. ...~ " ,.r, I " C, ,,_# . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON, Plaintiff Civil Action - Law vs, No. 96-581 WENDY'S INTERNATIONAL, INC., Defendant Jury Trial Demanded NOTICE TO PLEAD TO: Donald Saul Oberson, 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 Matter within twenty (20) days from service hereof or a jUdgment may be entered against you, )Y'evJ BY: IROBERT A. LERM N Attorney for Defendant Supreme Court I.D, No. 07490 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 ;.~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON, Plaintiff Civil Action - Law vs, No, 96-581 WENDY'S INTERNATIONAL, INC" Defendant Jury Trial Demanded ANSWER AND NEW HATTER OF DEFENDANT TO PLAIN'1'IFF' S COHPLAIN'1' 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 Complaint: 1. Admitted, 2. Admitted. 3. Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3 of Plaintiff's Complaint and same are denied and strict proof thereof demanded. 4. Denied. The allegations set forth in paragraph 4 of Plaintiff's Complaint constitute a conclusion of law to which no response is required. To the extent a response is required, it is averred that any duty owed by Defendant was fulfilled, as required by law. 5. Denied. It is denied that the Defendant failed to have wrappers, boxes and debris routinely removed from said area, On the contrary, at all relevant times, the Defendant's premises was free from :; 't...... . ...........-...-.-. wrappers, boxes and debris and strict proof to the contrary is hereby demanded. 6, Denied. It is denied that the Defendant's failure to routinely remove said wrappers, boxes, and debris caused the Plaintiff to fall. On the contrary, at all relevant times, the Defendant's premises was free from wrappers, boxes and debris and strict proof to the contrary is hereby demanded, 7, Denied, It is denied that the Defendant was negligent because it failed to provide for the routine removal of wrappers, boxes and debris on its property. It is averred on the contrary, at all times relevant, Defendant maintained its property in a prudent and appropriate manner, fulfilling all duties owed under the law and it is further averred that at all relevant times, Defendant's premises was free from wrappers, boxes and debris, 8, Admitted. 9. Denied. It is denied that Defendant's failure to routinely remove wrappers, boxes and debris from its property was the direct and proximate cause of the Plaintiff's injuries. On the contrary, at all relevant times, the Defendant's premises was free from wrappers, boxes and debris and strict proof to the contrary is hereby demanded. 10. Denied, It is denied that the Defendant was negligent or that the Defendant's negligence caused the injuries and damages Plaintiff claims. The remaining allegations of paragraph 10 of Plaintiff's Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and the same are denied and strict proof thereof demanded, 2 .'~ -..-... ,...".....\-<., 11. Denied. It is denied that the Defendant's failure to routinely remove wrappers, boxes and debris caused the injuries that Plaintiff claims and strict proof thereof is hereby demanded. WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff, together with costs of suit, By way or rurthar anawar, Darandant ...art. tha ro11owinq: NEW HATTER 12, Paragraphs 1-11 hereof are incorporated herein by reference as fully as though set forth at length, 13, Plaintiff's Complaint fails to state a cause of action upon which relief can be granted, 14. Plaintiff's Complaint may be barred by applicable statutes of limitation. 15. Plaintiff's injur.ies and damages, if any, were caused solely and directly as the result of negligence, carelessness and recklessness of the Plaintiff, Donald Saul Oberson, which negligence, carelessness and recklessness consists of the following: a. Failing to look where he was walking; b. Failing to walk carefully; c. Failing to keep a proper lookout; d, Failing to take appropriate and proper cautions for his own safety; e. Slipping, tripping, stumbling and/or allegedly falling in an area free from any dangerous, hazardous, or defective condition for no apparent reason; f. Slipping, tripping, stumbling, and/or allegedly falling for no apparent reason; 3 , t g, Alternatively, fai1.tng to observe a condition he now claims was unsafe; h, Failure to exercise prudent and appropriate care for his own safety; I, Failing to wear appropriate footwear. 16. Alternatively, the condition about which now claims of was or should have been known to him and he, therefore, assumes the risk of his injury. 17. The condition of which Plaintiff now complains was obvious to him or to a reasonable person, 18. Plaintiff voluntarily assumed the risk of injury and is, therefore, barred from recovery. 19, Plaintiff's negligence, carelessness and recklessness as set forth in the foregoing paragraphs, diminishes or bars his recovery pursuant to the provisions of the Pennsylvania Comparative Negligence Act. 20. Plaintiff's injuries and damages, if any, were caused solely, directly and proximately as a result of the negligence, carelessness and recklessness of individuals or entities other than Defendant, over whom Defendant had no responsibility or control, 21, The injuries and damages which Plaintiff claims, if any, did not occur on premises owned, occupied or under the control of Defendant. 22. Under all of the circumstances existing, Defendant acted reasonably, carefully, lawfully and prudently, fulfilled all duties owed to business invitees, to the extent reasonable and possible, 4 WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff, toget~er with costs of suit, STRICKLER, LERMAN, OS , CALKINS BY: Date: ~I M (fi~ OBERT A. LERM Attorney for Defendant Supreme Court I,D, No. 07490 110 South Northern Way York, PA 17402 Telephone No, (717) 757-7602 5 VERIFICATION STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) Linda Fitzpatrick, being first duly sworn, deposes and says that she is Legal Assistant, Wendy's International, Inc., the defendant in the above matter, that she has read the foregoing Answer and knows the contents thereof; that the same are true of her own knowledge except as to those matters and things stated therein upon information and belief, and as to those she believes them to be true. '-//? /L ';2~~~ JJ.n~&.Fltzpatr~ Subscribed and sworn to pefore me, this:2..P day of /h_..A , l~. ~~ NOTARY PUBLIC My commission eXPires:A1J~ If";' ll:'JRK\H)~\I'VJill.r:.WJ'W CERTIFICATE OF SERVICE ~9~" /1, AND NOW, thisCY day of {I ((l-llA , 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 Answer and New Matter 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 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ", it"cf ) ~~r-' lROBERT A. LERMAN Attorney for Defendant Supreme Court I.D. No. 07490 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 dlh\wendysob.anm.z DONALD SAUL OBERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-581 vs. WENDY'S INTERNATIONAL Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, Donald Sole Oberson, by and through his attorney, Patrick F. Lauer, Jr., and responds to Defendant's New Matter as follows: 13. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 14. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. By way of further answer, it is specifically denied that the applicable Statue of Limitations bars Plaintiff's Complaint as this action under the above caption was commenced in accordance with the Pennsylvania Rules of civil Procedure in a timely manner. 15. Denied. Plaintiff's injuries and damages were not solely and directly caused by Plaintiff's own negligence, carelessness, and recklessness. a. Denied. At all times, Plaintiff kept and paid proper attention to the area in which he was walkingl and b. Plaintiff, at all times, exercised reasonable diligence and caution while walkingl and c. At all times, Plaintiff maintained a proper look out for the conditions of the area in which he was walking1 and d. Plaintiff took all appropriate and proper precautions before exiting Wsndy's Restaurant in an attempt to proceed to his vehicle before following in the mannsr alleged in Plaintiff's Complaint 1 and e. It is specifically denied that Plaintiff slipped, tripped, stumbled, and/or fell in an area free from any area free from any dangerous, hazardous, or defective condition for no apparent reason. To the contrary, Plaintiff incorporates the allegations set forth in his Complaint as if fully set forth herein as evidence of the dangerous, hazardous, or defective condition of Defendant's propertY1 and f. Plaintiff hereby incorporates his answer to sub paragraph e above in response to sub paragraph f as if fully set forth herein1 and g. Plaintiff did not fail to observe a condition which he now claims to be unsafe1 however, he had not alternative avenue by which to proceed and thus did exercise prudent and appropriate care for his own safetY1 and h. Plaintiff's response to sub paragraph g is incorporated herein by reference as if fully set forth; and 1. Plaintiff did wear appropriate footwear at all times prior to the incident in question. 16. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 17. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 18. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 19. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 20. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. 21. Denied. Plaintiff incorporates his Complaint as if fully set forth herein as evidence of the alleged facts surrounding Plaintiff's injuries and damages which established that said injuries and damages did occur on premises owned, occupied, or under the control of Defendant. 22. The allegations set forth in this paragraph constitute a conclusion of law to which no answer is deemed necessary. WHEREFORE, Plaintiff demands judgement against Defendant as set forth in his Complaint. Date: cf-6-i6 Respectfully submitted, ~i~., E,quiro 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 46430 Tel. (717) 763-1800 ^ CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Response 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, P~nnsylvania, through first class mail, prepaid and addressed as follows: Robert A. 110 South York, PA Lerman Norther Way 17402 Date: ~~6 -it Pa ric F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011 ID' 46430 Telephone (717) 763-1800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON, Plaintiff Civil Action - Law va, No. 96-581 WENDY'S INTERNATIONAL, INC., Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this I lJ'1t day of ~ ' 1996, I, Robert A. Lerman, Esquire, a member of the fil:llI of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of the foregoing INTERROGATORIES/REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT TO PLAINTIFFS SET NO, 1, by United States Mail, addressed to the party or attorney of record a... follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 Date:~, 1996 By: ~ OBERT A. LERMAN, ES UIRE Attorney for Defendant Supreme Court I.D. #07490 110 South Northern Way York, PA 17402 (717) 757-7602 F:\wpdoc\lls\wenob.int 20 I" , " . ,.,\ " ,"I , I J''':.o ".~I Lfl r1: .". i:~ \111":. c!( H~" (): ,\l . l.:t~' , [,: ,_. . -" "', ,~;:} "~.e ~.J .,. '!n .-..# ::-; ': ~L1 , .:} b.. ';') U I .. ~ ~d B~r: d ;1 ~ !!i i ~ ~o~ ~ : ~ ( (:1 l'. L' ~ p ~ .:;:;. .. - ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON Plaintiff Civil Action - Law vs, No, 96-581 WENDY'S INTERNATIONAL, INC. Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 9th day of July, 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 Deposition Notice directed to Plaintiff, Donald Saul Oberson, 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 1"..,J BY: 07490 dlh\wendysob,dep,z t~: c' I ., c: .. ~ -,., " ~ ~ ~ Ul'~-:-' _'.1 <C2! -:f:, ~~U P~.; <'- ,:::' C)~ t;:' '.in C'l _...~ ~lal - ~ ~ -.& ~.q" . ~:;n -:\ .-' lL.... ...' ~:.J. j' -.; ') I~~ l!. ,." Ll G') i....l :i i _" .r. .;- .. -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON Plaintiff civil Action - Law vs. No. 96-581 WENDY'S INTERNATIONAL, INC. Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 17{11day of July, 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 Deposition Notice directed to Susquehanna Internal Medicine Associates, 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 ""77'~'~N' CE_. BY:J~Jf; ROBERT A. LE Attorney for Defend nt Wendy's Supreme Court I.D. No. 07490 110 South Northern Way York, PA 17402 Telephone No, (717) 757-7602 I .. ~ -- C> ~ i r; tr. c.:. .' . 1;11 .". I;.: : .-t: UI'~ -' ',- ~. <.,) .. ' , I L. ~-. .:.: l',... l.~. ;:;! ~ ~ a i C?\.: <";'\ ,"'3 (.1' .~; I~~ U ~l~ 'f) ~";'I . l._ .- ...- r" :.~. ; .. I ,. ','; ~'<) U l";-) U -" - "--" .. - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD SAUL OBERSON Plaintiff Civil Action - Law vs. No, 96-581 WENDY'S INTERNATIONAL, INC, Defendant Jury Trial Demanded CERTIFICATE OF SERVICE AND NOW, this 17'I~day of July, 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 Deposition Notice directed to Good Hope Family Physicians, 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 TRICKLER, LERMAN, & CALKINS J OBERT A. LERMA Attorney for Defendant Wendy'S Supreme Court I.D. No. 07490 110 South Northern Way York, PA 17402 Telephone No. (717) 757-7602 , DONALD SAUL OBERSON, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96-581 I WENDY'S INTERNATIONAL, INC., I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW TOI PROTHONOTARY Please mark the docket in the above-captioned matter settled and satisfied. BY: r4~~ anne B. Wigbels, Esquire 108 Market Street, Aztec Building Camp Hill, PA 17011-4706 Phone I (717) 763-1800 Supreme ct. ID' 68735 ATTORNEY FOR PLAINTIFF DATED: -rh 31r7 , , -;,~- .' . . , , DONALD SAUL OBERSON, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. . NO. 96-581 . I WENDY'S INTERNATIONAL, INC. , I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing PRAECIPE TO WITHDRAW to all concerned parties by mailing by first class mail, postage prepaid, addressed to the following: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 S. Northern Way York, PA 17402-3737 BY: '{JAvt<.P ( {j, (j~~ anne B. Wigbels, Esquire 2 08 Market Street, Aztec Building Camp Hill, PA 17011-4706 phone: (717) 763-1800 Supreme Ct. ID# 68735 ATTORNEY FOR PLAINTIFF DATED: ~h3/a ... en ,- IT: ". : , " t-,:" .. .- lll~ - : - r:;.1(_', . , 11- . ._~'t: I ~~ ('<:' ':! .... '" ..;-:- L':'j-. G~; ~..~ i'J ;"J... I ....- - :) I.',. r- U (J' :..; '.. .-.