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HomeMy WebLinkAbout02-5162EDITH CORLE, SHEETZ, INC. Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : .. : Civil Action PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Edith Code, Plaintiff, to proceed in forma pauperis. I, Carol L. Cingranelli, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing legal services to the party with payment contingent upon litigation success. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Date Respectfully Submitted TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff EDITH CORLE, SHEETZ, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .. V. :No. 0,~-5'/4, ~ ~-.,.L~, ~ : Defendant : Civil Action AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff, Edith Corle, in the above matter and because of m financial condition I am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds associates, to pay the costs of litigation. 3. 4. from anyone, including my family and I am currently 80 years old, with a date of birth of November 4, 1921. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Address: Edith Cofle 75 Broad Street Newville, PA 17241 Social Security Number: 190-28-1322 If you are presently employed, state Employer: unemployed / retired Salary or wages per month: N/A Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: $908.00 per month (Railroad retirement) Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation: N/A Supplemental benefits: N/A Workers' compensation: N/A Public Assistance: N/A Other: N/A do Other contributions to household support: Wife/Husband Name: N/A - husband is deceased Contributions from children: lives with granddaughter who pays for electricity, phone, and some other common expenses. Property owned: Cash: None Checking Account: average balance of $50 - $100 per month Savings Account: None Certificates of Deposit: None Real Estate (including home): None Motor vehicle: Make/Model: Chrysler New Yorker Year: 1989 Amount owed: None Stocks; bonds: None Other: None Debts and obligations: Mortgage: None Rent: $100 per month Loans: None Monthly Expenses: Gasoline - $100 / month; Food - $100 / month; Medicine - $80 / month; Household miscellaneous expenses contribution - $70 / month; Clothing /personal hygiene - $150 / month; Books / entertainment - $100 / month Persons dependent upon you for support Wife/Husband Name: No dependents Children, if any: Name: No dependent children Age: 5. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances that would permit me to pay the costs incurred herein. 6. I verify that the statements made in this Afr~avit am true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. Date Edith Code, Plaintiff EDITH CORLE, SHEETZ, INC. Plaintiff V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. Civil Action 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 this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses 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 of 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EDITH CORLE, SHEETZ, INC. Plaintiff V, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action COMPLAINT AND NOW COMES the Plaintiff, Edith Code, by and through her attorney, Turo Law Offices, and respectfully represents the following: 1. The Plaintiff, Edith Code, is an adult individual who currently resides at 75 Broad Street, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant, Sheetz, Inc., is a corporation doing business in Pennsylvania, with a business location at King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. The facts and circumstances hereinafter set forth took place on September 24, 2001 at approximately 3:30 PM, at the Defendant Sheetz's convenience store located on King Street, Shippensburg, Pennsylvania. 4. At the aforesaid time and place, Plaintiff Corle was entering the aforementioned Sheetz convenience store when she slipped and fell inside the store near the doorway. 5. Defendant Sheetz's entrance way was wet due to water accumulation from rain on that day. 6. Defendant Sheetz's entrance way was partially covered by a carpet runner, which was butted up against the door's threshold in such a manner that part of the runner caught under the door causing it's edge to buckle up from the door's movement. 7. As Plaintiff Corle entered the store, she had her right foot placed on the wet floor and the other foot placed on the carpet runner. Plaintiffs right foot began to slip from the wet floor, and her left foot tripped on the upturned rug. This caused Plaintiff Corle to fall. 12. The aforesaid incident was caused as a direct and proximate result of the wrongful and liability producing conduct of Defendant Sheetz as herein set forth, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff Code. 13. As a result of the wrongful and liability producing conduct of Defendant Sheetz, Plaintiff Code has been obliged to expend various and diverse sums of money for medicines and medical care and treatment in an effort to cure herself of the ills and injuries she has suffered and will be obliged to do so in the future to her groat detriment and loss. 14. As a further result of the wrongful and liability producing conduct of the Defendant Sheetz, Plaintiff Code has undergone great physical pain and mental anguish, as well as embarrassment and humiliation, and will continue to endure the same for an indefinite time into the future to her great detriment and loss, for which damages are claimed. 15. As a further result of the wrongful and liability producing conduct of the Defendant Sheetz, Plaintiff Code has been extremely inconvenienced and unable to attend to her life's daily activities, as well as having been deprived of life's pleasures, and will continue to endure the same for an indefinite time into the future to her great detriment and loss. 16. As a further result of the wrongful and liability producing conduct of the Defendant Sheetz, Plaintiff Code has suffered other expenses and losses for which damages are claimed. WHEREFORE, Plaintiff Code demands judgment against Defendant Sheetz for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. ~)~ate Respectfully Submitted TURO LAW OFFICES Carol L. Cingranelli, E,~ui~e ' 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. §4904 relating to unsworn falsification to authorities. ! Date Edith Corle SHERIFFIS RETURN - CASE NO: 2002-05162 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CORLE EDITH VS SHEETZ INC REGULAR RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEETZ INC the DEFENDANT at 1058:00 HOURS, at 359 E KING STREET on the 28th day of October 2002 SHIPPENSBURG, PA 17257 by handing to ANNETTE HANN, AMANGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ~ day of ~ 2ZOO p~ A.D. /P]dthenetary So Answers: R. Thomas Kline 10/29/2002 CAROL CINGRANELLI THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant EDITH CORLE, SHEETZ, INC., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,. 02-5162 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I. D.:#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (71'7) 237-7132 Attorneys for Defendant THOMAS, THOMAS & HAPER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant EDITH CORLE, SHEETZ, INC., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5162 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Sheetz, Inc., by its attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who she says shE; is. 2. Admitted. 3. Admitted with qualification. It is admitted that the Plaintiff was in the Defendant's store on the date in question and that she fell. The approximate time was 3:55 p.m. 4. Admitted in part and denied in part. It is admitted that the Plaintiff fell in the Defendant's store on September 24, 2001, at approximately 3:55 p.m. As to exactly what the Plaintiff was doing and exactly how or why she fell, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that it was mining on the day of this occurrence and that it is possible that there was water on the floor inside the front door from customers entering from the outside. However, it is denied that there was an "accumulation" that resulted directly from rain. Additionally, there was a carpeted mat inside the door and warning signs notifying customers that the floor was potentially wet. 6. Admitted in part and denied in part. It is admitl:ed that the store had a carpeted runner in the entranceway to the store. The balance of the allegations are denied, since after reasonable investigation, Defendant is without knowledge or' information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 7. Denied. Defendant acknowledges that the Plaintiff fell on the date in question. However, as to the specific reasons she fell, after reasonable inVestigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 8. Denied as stated. It is admitted only that the Plaintiff dropped a bottle or bottles which broke. The balance of the allegation is denied. 9(a)-(h). Admitted in part and denied in part. It is admitted that the Plaintiff sustained cuts as a result of her fall. The balance of the allegations are denied since after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. 10. Denied. This allegation represents a' conclusion of law to which no response is required. 1 l(a)-(g). Denied pursuant to Pa.R.C.P. 1029(e). 12. Denied pursuant to Pa.R.C.P. 1029(e). 13-16. Denied. It is denied that any wrongful or liability producing conduct on the part of the Defendant caused or contributed to the Plaintiff's fall or any injuries. As to the specific damages alleged or related to this fall, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed without cost to it. NEW MATTER 17. On the date and at the time of the occurrence set forth in Plaintiffs Complaint, the condition of the Defendant's property was open, obvious and known to the Plaintiff and, therefore, the Defendant owed the Plaintiff no duty. 18. No acts or failures to act on the part of the Defendant were a substantial factor in bringing about the occurrence or the injuries alleged in Plaintiff's Complaint. 19. Some or all of the injuries set forth in Plaintiff's Complaint were or may have been brought about by pre-existing conditions and not by the fall down incident set forth in the Complaint. WHEREFORE, Defendant respectfully requests that Plaintiffs Complaint be dismissed without cost to it. Respectfully submitted, DATE: THOMAS, THOMAS & HAFER, LLP Kevin C. blcNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 4 VERIFICATION I, /~a¢,~ /~s ~.,~r'~ , state that I am an authorized representative of SHEETZ, INC., that I make this Verification 0~ beh~If of _r3efe~dant SHEE'I"Z, INC.. a;,,d that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. SHEETZ, INC. DATE: :84079.1 CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certiflj that I have served a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT on the following person by placing same in the United States mail, postage prepaid, on the J¢ ~'~"day of ~,.z..¢/~.~ J.~' ,2002: Carol L. Cingranelli, Esquire TURO LAW OFF!CES 28 South' Pitt Street Carlisle, PA 17013 THOMAS, 'THOMAS & HAFER, LLP Kevin C. McNamam, Esquire :189209.1 EDITH CORLE, SHEETZ, INC. Plaintiff V. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · Civil Action *PLAINTIFF'S ANSWER TO NEW MATTER 17. Denied. By way of further answer, Plaintiff re-alleges her allegations contained in her Complaint that the condition of Defendant's property was not open, obvious or known to the Plaintiff and, furthermore, the Defendant owed a duty to the Plaintiff as a business invitee to create a safe condition which it failed to do. 18. Denied. This allegation is a legal matter which requires no answer. If, however, an answer is required, Plaintiff re-alleges the allegations of her Complaint which set forth, in detail, the negligent acts or omissions of the Defendant which caused her injuries. 19. Denied. Plaintiff did not have any pre-existing conditions prior to the accident which caused her current injuries which may have impacted the scope and duration of her injuries. WHEREFORE, for all the above reasons, Plaintiff requests that the Defendant's New Matter be stricken and that judgment be entered in favor of the Plaintiff against the Defendant on her Complaint. demands judgment against Defendant Sheetz for DAte Respectfully Submitted TU~O LAW OFFICES I:~dn Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Plaintiff's Answer to New Matter upon Kevin C. McNamara, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the l/ ~"- day of .?"~,,--~ , 2002, from Carlisle, Pennsylvania, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer 305 N. Front Street P. O. Box 999 Harrisburg, PA 17108 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney fbr Plaintiff EDITH CORLE, : IN THE COURT OF COMMON PLAINTIFF : PLEAS OF CUMBERLAND : COUNTY, PENNSYLVANIA V. : NO: 02-5162 CIVIL TERM .. SHEETZ, INC. : CIVIL ACTION DEFENDANT : PRAECIPE TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf of 12-12-2003 the Plaintiff. Date ~isle, PA 17013 (717) 245-9688 Attorney for Plaintiff