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HomeMy WebLinkAbout94-5599 civilJEREMY J. HOUP, · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND cOUNTY, PENNSYLVANIA Plaintiff . LAW'I'ON and EVELYN ' ROVEGNO, RICHARD L. ' ROVEGNO and ROVEGNO'S ~ NO. 94-5599 CiViL TERM OF CARLISLE, . Defendants . MELISSA BRIDWELL, ' Additional Defendant · CIVIL ACTION - LAW BEFORE HOFFER J. AND HESS J. ORDER OF THE COURT AND NOW, June 30, 1998, after careful consideration, the Court denies Defendant Bridwell's Motion for Summary Judgment. A Motion for Summary Judgment places the burden upon the moving party to show that they are entitled to summary iudgment as a matter of law and that there is no genuine issue of any material fact as to a necessary element of the cause of action. Pa. R. Civ. Pro. 1035.2 (1997). The Court finds that Defendant Bridwell has failed to show that there was no genuine issue of material fact relating to Plaintiff's negligence claim.~ By the Court Taylor P. Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Jefferson J. Shipman, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants Rovegno Robert J. Mulderig, Esquire Turo Law Offices 32 South Bedford Street Carlisle, PA 17103 Attorney for Defendant Bridwell ~ The Court also notes that Defendants Rovegno failed to submit an answer to Defendant Bridwell's Motion for Summary Judgment. Additionally, Defendants Rovegno's brief states that all deposition transcripts were filed contemporaneously with the Brief. However, while Defendants cite the depositions of Melissa Bridwell, Richard Rovegno, Todd Lawrence and James Musselman, only Richard Rovegno's deposition was on file with this court.