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Home My WebLink About96-00861 " Q I U j ,,1/1 J! i -7 I j I ,',. ~ -Y 'ci5 --1 n " '\ 1 ! ; _,.~/" __,1f::"; ~ ' J~! i , f I j I I I -91 0-, I ; I i " .~ o 21 , ~ I '. '\ ~.. , " . "f" 1) :r:Hf,\i~D I r iTER, r [n!n t! rr pj fr' (.ii' if! n~ i-I,;{iJi\1i; j ;); VA~ rjl-~ CUMBER! AND CUdJ!"!, PrN"j'i! VMJIA , I (, I t I I ! ; ! v, CIVIL ACTION. LAW LOWE S HOME CENTERS, INC Defendant NO. 96-0861 CIVIL TERM PRETRIAL.CQNfEREJ1CE :t. .l \\ ! i i' } At a pretrial confer~nce neid August 28, 1996, before Edgar B BaYley. Judge, present for the plaintiff was Patrick F, Louer. Jr" Esquire, and for the rJefendont, Peter J, Speaker, Esquire, \ ! ! While a business invitee in defendant's hardware store, plaintiff, Richard Leiter. a 53-year-old self-employed carpenter was struck in the head by boxes tr.at fell off 0 forklift operated by an employee of defendant, Defendant admits liability, L ! , I ! . I , Plointiff seeks general damages. medical expenses and lost wages for injuries which constit~ted 0 cervical sprain with complications of headaches and blurred vision, Plaintiff has no expert witness to support 0 claim of lost eerning capocity, '''1"", tl"" :' triOr"" do, n~'_____n Edgar B, Bayle'y, J, l Patrick F. Lauer. Jr" Esquire For Plaint! ff Peter J, Speaker. Esquire For Defendant ,prs ,. o c: '!' :JJi'" ~;;, : ;?:;:l, z, CI) .. .'.. t::i. ...- .e,"'!''' Zr~ :1';; (':: Ej \}:) en ~ -.! :;~ :j t~ \.0 , ,,;"'i~F ~ j " , f'l 'i --,' rj ~ :::. -< I I \ t q 2.~ V? ,~ N ., i I I , r I; RICHARD LEITER, plaintiff I I 1 1 I 1 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-861 CIVIL TERM v. LOWE'S HOME CENTERS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRETRIAL MEMORANDUM AND NOW comes the Plaintiff, Richard Leiter, by and through his attorney, Patrick F. Lauer, Jr., Esquire, and respectfully submits the following Pretrial Memorandum: 1. STATEMENT OF THE BASIC FACTS OF LIABILITY On March 21, 1995 at approximately 8130 a.m., Richard Leiter of RD 2 New Bloomfield, was an invitee of the Lowe's Hardware Store. Mr. Leiter is a 53-year old self-employed carpenter who arrived at the Lowe's store to purchase supplies for his business. The Lowe's store was located at 6520 Carlisle pike in Mechanicsburg, PA 17055. While shopping in the nails and fasteners aisle of the store, Mr. Leiter was struck suddenly in the head by two boxes which had fallen off a forklift negligently operated by a Lowe's employee, Robert Stanholtz. Mr. Leiter was stunned by the blow and then immediately reported the incident to the assistant manager on duty, Larry Leiphart. After reporting the incident, Mr. Leiter completed his purchase and left the store. I I I I' I 2. STATEMENT OF THE BASIC FACTS AS TO DAMAGES As a result of the accident at Lowe's, Mr. Leiter experienced blurred vision, neck pain and a bad headache. He also noted a mild numbness and tingling sensation in his fingers. Mr. Leiter sought treatment for his symptoms with Dr. John Rychak, M.D., of Harrisburg Orthopaedic Aesociates, Harrisburg, Pennsylvania. located on Green Street inl ! On March 22, 1995 Dr. Rychak performed an initial evaluation of Mr. Leiter's condition. Dr. Rychak diagnosed Mr. Leiter as having a cervical strain without neurologic impairment. His recommendation for treatment includ~d local heat, a neck book, a towel wrap at night and recommended the use of anti- inflammatories for the following few weeks. Due to Mr. Leiter's occupation as a carpenter doing extensive physical work, Dr. Rychak recommended that he take a day or so off of work. Mr. Leiter then presented himself to the Perry Health Center for treatment on March 25, 1995 regarding injuries he sustained due! to his accident at Lowe's hardware store. Mr. Leiter continued to: :j: complain of persistent blurred vision, headaches, and neck:' stiffness. The doctor noted that there were no obvious' neurological deficiencies with the exception of diplopia. Dr.' Bisbing prescribed Tylenol or Advil for the persistent headache. Mr. Leiter was advised by Dr. Bisbing of the Perry Health Center to go to Carlisle Hospital's outpatient Radiology department -~ on an emergency basis to receive an unsnhanced CT Scan of his I I i ! i i' I i , . I I , , , brain. This scan was performed to search for an intracranial hemorrhage. According to Dr. Herbert Perlman, M.D., the minimal dilation of the ventricular system and cortical sulci euggests cerebral atrophy, however, there was no evidence of an intracranial hemorrhage. Mr. Leiter was greatly distressed and emotionally upset about undergoing a CT scan of his brain to determine if there was any hemorrhaging. Dr. Bisbing had also referred Mr. Leiter to the Belvedere Medical Center. On March 27, 1995, Mr. Leiter was evaluated by Dr. David Hartzell due to remaining symptoms of a gritty sensation in the back of the neck, a constant headache, and blurred vision as a result of the blow to his head. Beginning on March 20, 1995 throughout the remainder of his treatment, Mr. Leiter was treated by Dr. William K. Shaffer, D.C. Mr. Leiter initially saw Dr. Shaffer approximately three times per week for multiple cervical subluxations, cervical strain/strain, cervicalgia, and cephalgia, dizziness, and most recently for. cervical subluxations Cl, 3, and 5. Dr. Shaffer indicated in a letter to undersigned counsel that it is his medical opinion that these injuries were caused as a result of the injury sustained by Mr. Leiter on March 21, 1995 at the Lowe's store. Mr. Leiter is a self-employed contractor. During Mr. Leiter's , 'I I, I ~ I' I first month of treatment with Or. Shaff8r he was unable to work because of hi8 8erious neck injury. Gradually during his second month of treatment he slowly got back to his normal working schedule. Because of the nature of his employment, it is very difficult to estimate the amount of income that was lost as a result of the accident. According to one prospective client, Eric Thebes, Mr. Leiter was to install dry wall and plumbing equipment in his apartment starting on April 4, 1995. However, due to the injury Mr. Leiter was unable to do said work. Mr. Leiter lost this job which would have earned him $3,400.00. Mr. Leiter is an active outdoorsman who enjoys fly fishing. After the accident he was unable to enjoy this activity due to the pain he experienced as a result of the accident at Lowe's. Mr. Leiter also baseball umpires in his spare time and was unable to officiate at games as a result of the accident. Mr. Leiter's medical bills and wage loss totalled approximately $5,155.00 3. STATEMENT AS TO THE PRINCIPLE ISSUES OF LIABILITY AND DAMAGES (a) Whether Plaintiff was struck on the head by an item or items that fell of a forklift or similar device operated by an employee of Lowe's. (b) Whether Plaintiff's injuries were a direct and proximate I result of Plaintiff being struck on the head by an item or items that fell of a forklift or similar device operated by an employee of Lowe's. (c) Measure of damages. 4. Leqal Issues None. !, i, 5. (a) :1 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) r I :1 ;!' The Identitv of Witnesses to be Called Plaintiff Richard Leiter !' Dr. John S. Rychak, Harrisburg Orthopaedic Association. Dr. Bisbing, Perry County Health Center Or. Herbert Perlman, Carlisle Hospital Dr. William Schaffer, Shaffer Chiropractic Constance Leiter Father of Plaintiff Eric Thebes Mr. Fredericks George Buffington Beatrice Varbee Robert Stanholtz Larry Leiphart 6. List of Exhibits (a) Richard Leiter's medical records and billings. (b) Sworn statement of Eric The~es (c) Items substantially similar to th08e which tell on Mr. Leiter. (d) Receipt for items purchased at Lowes on March 21, 1995. 7. Current Status of Settlement Neaotiations The final settlement offer by Lowe's was $10,000. I I ! fi Respectfully Submitted I Date I , ! ...-) r-.J / ~~(.( t16 \~; Li~ r ".1 C'-,,__/ Patrick F. Lauer, Jr., Esquire 2108 Market Street Camp Hill, PA 17011 (717) 763-1800 Supreme Ct. 10' 46430 RICHARD LEITER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-861 CIVIL TERM v. I I I I I I I I CIVIL ACTION - LAW JURY TRIAL DEMANDED LOWE'S HOME CENTERS, INC., Defendant CERTIFICATB OF SERVICE I, Patrick F. Lauer, Jr., Esquire, attorney for Richard Leiter, Plaintiff, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Peter J. Speaker, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 By: ---- ;;'('-/ ~ Pa rick F. Lauer, Jr., Esquire PA S.Ct. I.D. No. 46430 2108 Market Street, Aztec Bldg. Camp Hill, PA 17011-4706 phone I (717) 763-].800 ATTORNEY FOR PLAINTIFF DATED I "'bl1J(((~ ,'! . ~ . ., .. ~ ~ ti ~ ~ ... .. 11 0 ..~ .. !; .. CO .. CO if ~ ... z co a i x ..; :;.. .. 0 0: .. " ~ E z ci .. l< .. -l! 0 11 iii ~ Z 0: .; .. .. z ~ 0 .. Q ~ . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RICHARD LEITER, v. LOWE'S HOME CENTERS, INC., Defendant DIPIrNDAN'l" S PRB-TRIAL MEMORANDUM ract. - Liabilitv A plastic mailbox, which weighed approximately two (2) pounds, fell off a forklift and hit the Plaintiff on his head or neck. The Defendant admits its negligence. Pact. - Damaau The Plaintiff made one (1) visit to his orthopedic physician, who predicted that his symptoms would resolve without further treatment. He went to a chiropractor eighteen (18) times. The chiropractor diagnosed "subluxations, sprains and strains." The plaintiff reportedly incurred $1,695 in medical expenses (over $1,000 of which was for chiropractic care). The Plaintiff claims that he was a "self-employed carpenter" at the time of the incident. He claims that he lost the sum of $3,400, because he had a drywall job lined up in Perry County that would have paid him that amount. The total special damages claimed by the plaintiff is $5,095. Issu.. 1, Was the Plaintiff really hurt? 2. If so, then how much? 3. Was the chiropractic care reasonable and necessary? 4. Did the Plaintiff really lose income? 5. If so, then how much? SD.aiel Bvidentiarv Qu.stion. None anticipated. Witn..... 1. Plaintiff 2 . Robert Startzel 3. Kandis Brioli 4. Eric Thebes 5. Larry Smee 6. Jason Mead Exhibits 1 Medical records 2 . Mailbox 3 . Photographs 4. Tax returns 5. Discovery, 6. Workers' compensation records 2 , i J , " , i Settlement Neqotiation. . Plaintiff demands $18,500. Defendant has offered $10,000. Respectfully submitted, Dated: 8,tp- ft By Pe er J. eaker, Esqu re I.D. II 4 P. O. ox 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 , l I I" I.. I:' L , i I 3 -' CBRTZ.ZCATB O. SBRVZCB I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, attorney for Lowe's Companies, Inc., Defendant, hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 Dated: r. Zp -f(. re Street 17108 " I ! , Ii RICHARD LEITER, Plaintitt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . ,1 ,~ '{/ . ~, I " ~. NOI l. W ' ;jt.. L.wu. ."""'c... I I I I I I I CIVIL ACTION - LAW JURY TRIAL DEMANDED v. LOWE'S COMPANIES, INC., Defendant II NOTIC2 I '1'1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against! the claims set forth in the following pages, you must take action' I within (20) days after this Complaint and Notice are served, byl I entering a written appearance personally or by attorney and filing' II in writing with the Court your defense or objections to the claims i set forth against you. You are warned that if you fail to do so lithe case may proceed without you and a judgment may be entered ,[ against you by the Court without further notice for any money i I claimed in th~ Complaint or for any other claim or relief requ~sted I il by the Plaint~ff. You may lose money or property or other r~ghts I Ijimportant to you. I 'I I i i YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 I :' NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE II OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r,e han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda Y la notificacion. Ustecl debe presentar una apariencia I escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra ds su persona. Sea avisado que si usted no se defisnde, la corte tomara medidas Y puede entrar una orden contra usted sin previo I aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus I propledades 0 otros derechos importantes para usted. ,I LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TUNE 'I'ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, I VAYA EN PERSONA 0 LLAME paR TELEFONO A LA OFICINA CUYA DIRECCrON SE IENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR i CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 RICHARD LEITl!JR, . IN THE COURT OF COMMON PLEAS . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I I LOWE'S v. NOI : COMPANIES, INC., I CIVIL ACTION - LAW Defendant I JURY TRIAL DEMANDED COMPLAIN'!' AND NOW comes the Plaintiff, Richard Leiter, by and through his attorney, Patrick F. Lauer, Esquire, and respectfully avers the following in support of this Complaint: 1. The Plaintiff, Richard Leiter, is an adult individual who I ? z, Z. currently resides at R.D. *2, Box ~, New Bloomfield, Perry County, Pennsylvania 17068. 2. The Defendant, Lowe's Companies, Inc., is a corporation owning a hardware store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about March 21, 1995, at approximately 8:30 a.m., I Plaintiff was an invitee of Defendant's hardware store. 4. Plaintiff is a 53-year old, self-employed carpenter who arrived at Defendant's hardware store to purchase supplies for his business. 5. While shopping in the nails and fasteners aisle of the store, ,Plaintiff was suddenly struck in the head by two boxes which had I fallen from a forklift operated by Robert Stanholtz, an employee of I I Defendant. 6. Plaintiff immediately notified the assi8tant manager on duty, Larry Leiphart, of the incident. COUNT I VICARIOUS LIABILITY 7. Paragraphs 1-6 are incorporated herein as though fully set forth. I 8. Robert Stanholz, Defendant's employee, was negligent in that he did not use reasonable care while operating the forklift from which the two boxes fell on Plaintiff. 9. As a direct and proximate result of Defendant's employee's negligence, Plaintiff was physically injured. 10. Defendant is vicariously liable for the negligence of its employees. 11. As a direct and proximate result of Defendant's employees negligence, Plaintiff has incurred various medical expenses, including but not limited to, treatment by Dr. John Rychak, M.D. of Harrisburg Orthopaedic Associates, Carlisle Hospital Imaging Associates, David Hartzell of the Belvedere Medical Center, and Dr. I I William K. Shaffer, D.C. A claim is made therefore. 12. As a direct and proximate result of Defendant's employee's negligence, the Plaintiff suffered substantial pain and suffering. A claim is made therefore. 13. A. a direct and proximate result of Defendant'. employee's I negligence, Plaintiff suffered lost wages from his employment. A claim is made therefore. WHEREFORE, the Plaintiff demands judgment against the Defendant, in excess of the statutory limit for compulsory arbitration, for medical expenses, pain and suffering, lost wages, court costs, and attorney's fees. COUNT II NEGLlGENCB 14. Paragraphs 1-13 are incorporated herein by reference. 15. Defendant had a duty to maintain its store in a safe manner whereby customers will not be injured as a result of a careless employee. 16. Defendant has a duty to properly train employees in the proper operation of their equipment. I 17. Defendant's failure to safely maintain its store was a direct i and proximats cause of Plaintiff's injuries. I ! 118. Defendant's failurs to properly train its employees was a iidirect and proximate cause of Plaintiff's injuries. 1119. As a direct and proximate result of Defendant's negligence, II Plaintiff has incurred various m~dical expenses, including but not ,. :' limited to, treatment by Dr. John Rychak, M.D. of Harrisburg , i I :! , r i , .' , I 5 ! i ! t 1 i 1 1 , j 1 ~ i I I I , Orthopaedic Associates, Carli.le Ho.pital Imaging A8sociates, David Hartzell of the Belvedere Medical Center, Ilnd Dr. William K. Shaffer, D.C. A claim i. made therefore. 20. A8 a direct and proximate result of Defendant's negligence, the Plaintiff suffered substantial pain and suffering. A claim is made therefore. 21. As a direct and proximate result of Defendant's negligence, Plaintiff suffered lost wages from his employment. A claim is made therefore. WHEREFORE, the Plaintiff demands judgment against the Defendant, in excess of the statutory limit for compulsory arbitration, for medical expenses, pain and suffering, lost wages, court costs, and attorney's fees. " " Respectfully Submitted: DL~,1'IW, R. \t~'~ick F;-:Laue~ Jr., Esquire 2108 Market. Street, Aztec Bldg. Camp Hill, PA l70l1 Phone: (717) 763-1800 PA Supreme Ct. ID# 46430 Date: "- ~ /<l - ~L " !\ II , I RICHARD I I I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: LEITER, Plaintiff v. LOWE'S COMPANIES, INC., Defendant : CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Richa~d Leiter, 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 8tatements herein are subject to the penalties for unsworn falsification to authorities I under 18 Pa C.S. 4904. "YJ!z: R chard LC3iter " DATED I 1-16/1, L , . , " I.. . " J &, ~ ~ I:; . ~ ~ ... 0 .. ,:; ~ Iii .. i .. .. ! 'i .. .. Ii! . " t 0 .. .. . ~ " . ~ .. 0 '" l'l .. i .. .. 4 . ~ '" . ~ :il Q ~ '. . CBRTIPICATB or SBRVICB I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, attorney for Lowe's Companies, Inc., Defendant, t.ereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as fo~lows: 1 ~ I I . 1 , t " Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp Hill, PA 17011 eaker, Esquire 4 999 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 t . f I I I I i i I t Dated:), Z?,f( " '1 '"' ,.#. " j.. ~ '~ 11 ~~~:~ ; 'a i i ~ .~ ~ ~ ~ J i ~ .. ~ ~ 1:3 .. ~ ~ d .. ~ : i ~ ~ ..... I, I .. ~ t;; ~ i .. 8 -4 I! E "' .. .. ~ .. ~ ! "a Z .. ;. ~ 3 oS .. .. " ~ ! ~ ,; .. "' ~ ~ .. i :1 .. to ~ ~ <l Z i Q ~ " Plaintiff , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 96-861 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED RICHARD LE:tTi:R, v. LOWE'S HOME CENTERS, INC., Defendant : IlOTICWI TO PL~ TO: PLAINTIFF You a~e hereby notified to plead to the enclosed NEW MATTER within twenty (20) days from may be entered against you. r a default judgment By peaker, Esquire 2 34 B x 999 305 0 th Front Street Harri urg, PA 17108 (717) 255-7644 Dated: ,j"1"', Attorney for Defendant Home's Centers, Inc. -- Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-861 CIVIL TERM , , ! I , 1 , , I RICHARD LEITER, v. CIVIL ACTION - LAW LOWE'S HOME CENTERS, INC., Defendant JURY TRIAL DEMANDED ANSWlIR The Defendant, Lowe's Home Centers, Inc. ("Lowe's"), by its attorneys, Thomas, Thomas & Hafer, answers the Plaintiff's Complaint and sets forth New Matter as follows. 1-3. Admitted, except that the Defendant's correct name, as stipulated, is Lowe's Homes Centers, Inc. 4. Lowe's, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments. 5. Admitted in part and denied in part. It is admitted only that it appeared that a lightweight item that fell from a lift operated by Robert Startzell, an employee of Lowe's, came into contact the Plaintiff. Lowe's, after reasonable investigation, i~ without knowledge or information sufficient to form a belief as to the truth of the other averments. 6. It is admitted that the Assistant Manager on duty, Larry Leiphart, was notified of the incident soon afterward. COtlN'l' I VICARIOUS LIABILITY 7. The above answers and averments are incorporated herein. 8. It is admitted only that Mr. Startzell was negligent. The answer to paragraph 5 is incorporated herein. 9. Lowe's, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments. 10. Admitted. 11-13. Lowe's, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments. WHEREFORE, the Defendant demands judgment in its favor and against the Plaintiff, plus costs. COUNT II NEGLIGENCE 14. The above answers and averments are incorporated herein. 15-16. Admitted. 17-21. Denied. WHEREFORE, the Defendant demands judgment in its favor and against the Plaintiff, plus costs. 2 -"" HB MATTBR 22. The above answers and averments are incorporated herein. 23. The Plaintiff failed to mitigate his damages. WHEREFORE, the Defendant demands judgment i~ its favor and against the Plaintiff, plus costs. THO Speaker, Esquire 834 ox 999 30 rth Front Street Harrisburg, PA 17108 (717) 255-7644 By Dated:5.17,..'" 3 -' leiter v. lowe's (anRwer to complaint) VERIJ'ICATION I, Cary C. Jordan , verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. /~(!;.~ _/ I Cary C. Jordan Director - Clat.s Kanage.-nt Liability and Property Love's Coapanies, Inc. " " v- ~'~ -~J .', A; <':~ " CIRTIPlCATI OP SIRVICI I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, attorney for Lowe's Companies, Inc., Defendant, hereby certify that a true and correct copy of the foregoing document was sent to the fOllowing counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Patrick F. Lauer, Jr., Esquire 2108 Market Street Aztec Building Camp HU1, PA 17011 By re Dated: S"" f '1' Street 17108 -,' RICHARD LEITER, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NOI I I CIVIL ACTION - LAW I JURY TRIAL DEMANDED v. LOWE'S COMPANIES, INC., Defendant VERIFICATION I, Richard Leiter, 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. DATED: 5-d, \-q l.p 'I c' ., , '. , [ : " ; , , i '. I " ~ .~ , :;;: ) , , I I If (.J ,I PRAECIPE FOR LIST.!NG"CASE t'OR TIHAL (MtJst be t',lj:>2writtel\ and sutroitted In duplicate) I TO '!lIE PIVllIJK1J'ARY OF cu-1BERIM() ro.JNl'Y Please list tl"e following case. . (Check one) ( XX) for JURY trial at tl"e next term of civil court. for trial without a jury. CAPTION OF CASE (entire caption RUSt be stated in full) (check one) (XX) Civil Action - Law ) Appeal fran Arbitration RICHARD LEITER, ( otl"er) (Plaintiff) VS. Tl"e trial list will be called on~20/96 and VB. Pretrials will be l"eld on (Briefs are due 5 days before pretrials.) 9/16/96 8/28/96 Trials commence on LOWE'S HOME CENTERS, INC., (Defendant) (The party listing this case for trial shall provide forthwith a copy of thtl praecipe to all counsel, pursuant to local Rule 214.1.) No. 861 Civil TERM 19 96 Th is case is ready for trial. Signed. ~ Print Narre. PATRICK F. LAUER, JR., ESQ. Indicate tl"e attorney who will try case for tl"e party who files this praecipe. PATRICK F. LAUER. JR.. ESQUIRE Indicate trial counsel for other parties if known. PETER J. SPEAKER, ESQUIRE Date: j^ -Z 2:. -76 Attorney foCI PLAINTIFF (1 ~ " ,. I .' ,;-,-1 L' l J . ~. ,i.' " r . f C. I i f._ I"I .' f -'7 , , .. " ( , -' l. J (. ,.l~ ..J . QC ... :Ii ,. '1l '-l " " ~ ~ '5 ;:j ..J ~ '" fA :2 <( - <( . ..J " ;:; a. ,~ ~ ~ ~ '" = <II .... .. ~ " - = ~ :J; .... :il .. 0 ~ , 0. .... U - <( c - - C QC <( ~. ... < :1.0 -' v. I I I I I I , I IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-861 CIVIL TERM RICBARD LEITER, PlaintiU LOWE'S BOME CENTERS, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPB TO DISMISS TO TIIB PROTBONO'l'ARY, Please mark the above captioned case settled and dismissed with prejudice. Date, ~ Respectfully submitted, ./}!!..::!lJ:.QUire 2108 Market Street, Aztec Building Camp Bill, Penn8ylvania 17011-4706 IDi 46430 Tel. (717) 763-1800 RICIIA1lD LUTBR, I IN THB COURT OF COMMON PLEAS PlaintUf I CUMBERLAND COUNTY, PBlfNSYLVANIA I v. I NO. 96-861 CIVIL TERM I I CIVIL ACTION - LAW LOWB ' S HOME CENTI!lRS, INC., I Defendant I JURY TRIAL DEMANDED CBRTIFICATB OP SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe 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 8ame with the United States Post Office at Camp Hill, pennsylvania, through first class mail, prepaid and addres8ed as follows: Peter J. Speaker, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108 Respectfully submitted, Datel qft 0 lit I . Patrick F. Lauer, J 2108 Market Street, ztec Building Camp Hill, Pennsylv nia 17011-4706 ID' 46430 Tel. (717) 763-1800