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Home My WebLink About02-5270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLEY BOULlANNE AND ANDREW BOULLlANNE, her husband Civil Action---Law Plaintiffs No. O;Z - S-.;z '7 0 vs. FOOTLOCKER, a.k.a. FOOTLOCKER, INC., Defendant TO THE PROTHONOTARY PRAECIPE FOR WRIT OF SUMMONS Issue Writ of Summons in a Civil Action. The Defendant may be served at its place of business, located in the Capital City Mall, in Lower Allen Township, Cumberland County, Pennsylvania. ~/.Y. ... >':r~' .," "-- '/;.. '. (;;;{ " Fred H. Hait, ID 34 31 Attorney for Pia i ntiffs Fred Hait & Associates, P.c. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 pajoblawfh@earthlink.net 'b ~ ~ C\J --. "'- <s-~ '" i- 0' --. -. 6' ti' 0- ~ ,) o c < 'l.' t~;' Ct~ir::-'-,- ~--. ~j ~~ r~: ,~~; c: :.~", ("-, ;l>~'~~ ~ , CJ N :::) '-' ..... '" :,;" ~J ):::'1_~ ::x --::() r" "-" ,:1] -.<fr~ ~ -< ?? ;:- Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS SHELLY BOULIANNE AND ANDREW BOULIANNE Plaintiff Court of Common Pleas Vs. No. 02-5270 FOOTLOCKER A.K.A. FOOTLOCKER, INC CAPITAL CITY MALL LOWER ALLEN TOWNSHIP CUMBERLAND COUNTY, PENNSYL VANIA Defendant In CivilAction-Law To FOOTLOCKER, A.K.A. FOOTLOCKER, INC You are hereby notified that SHELLY AND ANDREW BOULIANNE the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date NOVEMBER 1, 2002 BYt.O;'D~t~...t- r ~. Attorney: Name: FRED H. HAlT Address: THE WELLINGTON 17 EAST HIGH STREET, SUITE 101 CARLISLE, PA 17013-3047 .,1. ~ r~r.::::r"^0!:~,~ l . '.',. ~ \,'. ,,_:~..:1,.., . "\ lM ~ . " <. , \- ,.' .' ~ .'1' rr'lr, l\'~r". . '",' ~ jJ;j;'~:! tj;';{~,j ~a:...l) i d.. ~ '. . " ,meine siial of sa;tl (:~al l..:8nk;le, fla. Th's I day of ,..-1,.,.... "'-a..t;,?- 1"':' 1/\~.1. 1;;~ Attorney for: Plaintiff Telephone: (717) 249-4500 Supreme Court ill No. 34331 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05270 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOULIANNE SHELLY ET ALL VS FOOTLOCKER AKA FOOTLOCKER INC ~ - . CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon DEFENDANT FOOTLOCKER AKA FOOTLOCKER INC the , at 1556:00 HOURS, on the 4th day of November, 2002 at CAPITAL CITY MALL CAMP HILL, PA 17011 by handing to LANCE YOHE, ASST MANAGER a true and attested copy of WRIT OF SUMMONS together with - - - - - and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.66 .00 10.00 .00 37.66 So Answers: r~'/~~ R. Thomas Kline 11/05/2002 FRED HAlT & ASSOC me this S ":;. day of Sworn and Subscribed to before By: '/l,,"1K"'~ L:, ;) i9V .-G A. D. ~ ,lit" {)1M~io". ir~ /p othonotary , - - - - UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: Richard E. Bard d/b/a R.E. Bard Construction aIkIa Rick Bard alkla Ricky Bard Debtors/Plaintiffs : Chapter 7 No. 1-02-05270 FILED HARRISBURG PA vs. : Adv No 1-02-D0263A Dee 1 2 3X)2 I Moore's Lumber & Building Defendant : Judicial Judgment : Lien Avoidance Clerk, U.S. Bankruptcy Court ORDER OF COURT Complaint for Judicial Judgment Lien Avoidance having been filed on November 5, 2002, and a Summons issued on November 5, 2002, directing service of said Complaint and Summons, and a certificate of service having been filed with the Clerk of this court on November 7, 2002, pursuant to said Summons, with an Answer being due on December 5, 2002, and no answer having been filed by the Defendant, now, therefore, IT IS ORDERED that Respondenfs judicial lien [docketed to Cumberland County to 02-3480] upon the household goods and furnishings is declared invalid under ~547 of the United States Bankruptcy Code. IT IS FURTHER ORDERED that the filing of a certified copy of this Order with the Prothonotary of Cumberland County shall serve as a release of the lien of said judgment upon the personal property of Plaintiff above described. BY THE COURT: DATED ;Iku~~2002 Is! John J. Thomas U.S. Bankruptcy Judge 1ir 6~cr:? ~ ~j :T) ~rf ~(-o -~ ...l r ~;- "< Fred H. Hait, 10 # 34331 Attorney for Plaintiff Fred Hait & Associates, P.C. The Wellington 17 East High Street, Suite 101 Carlisle, PA 17013 (717) 249-4500 249-2411 (fax) pajoblawfh@earthlink.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLEY BOULLIANNE AND, ANDREW BOULLlANE, her husband, No. 02-5270 Plaintiffs Vs. Civil Action-Law FOOTLOCKER, a.k.a FOOTLOCKER, INC. Defendant TO: FOOTLOCKER, a.k.a. FOOTLOCKER, INC. 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 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 Fourth Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 Fred Hait & Associa1es, P.c. The Wellington 1 7 East High Street, Suite 101 Carlisle, PA 17013-3047 (717) 249-4500 249-2411 (fax) pajoblawfh@earthlink.net Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLEY BOULlANNE AND ANDREW BOULLlANNE, her husband Civil Adion---Law Plaintiffs No. 02-5270 vs. FoonOCKER, a.k.a. FOOTLOCKER, INC., Defendant TO THE PROTHONOTARY COMPLAINT COUNT ONE SHELLEY BOULLlANNE v. FOOTLOCKER, a.k.a. FOOTLOCKER, INC. ..... 1. Plaintiffs Shelley Boullianne and Andrew Boullianne are adult individuals, husband and wife, who reside in Mount Holly Springs, Pennsylvania. 2. Defendant Foot Locker, a.k.a. Footlocker Inc., is a corporation which maintains a place of business in the Capital City Mall in Lower Allen Township, Cumberland County Pennsylvania. 3. Defendant's place of business in the Capital City Mall iis a retail store. Defendant invites members of the public to enter the store for the purpose of transacting business. 4. At all times relevant to this cause of action, Defendant had exclusive custody, possession, and control of its premises in the Capital City Mall. Consequently, Defendant had a duty to maintain those premises in a reasonably safe condition for those persons lawfully on the premises. 5. On or about 11/8/2000, Plaintiff Shelley Boullianne was lawfully upon Defendant's premises in the Capital City Mall with the intent to purchase shoes from Defendant. 6. At that time and place, an agent, servant, or employee of Defendant directed Plaintiff Shelley Boullianne to take a seat on a bench in Defendant's store while she tried on shoes that she was interested in purchasing. 7. As Plaintiff Shelley Boullianne walked around the end of the bench to take a seat, her foot caught on a partially concealed mirror that Defendant had placed or allowed to remain along side the bench, in such a place that a rec]sonable person in Plaintiff's position would not have noticed it. The mirror was in 01 rigid position, which caused Plaintiff to trip and fall. 8. As Plaintiff Shelley Boullianne fell, she sprained her right ankle, and landed with her weight on her right knee, causing a contusion to the knee which resulted in acute pain, swelling, and instability that lasted for several months, and chronic pain and'instability that could last indefinitely. 9. As a result of the injuries she suffered in the fall described above, Plaintiff Shelley Boullianne was unable to work in her usual occupation of school bus driver until 12/5/2000, causing her to lose wages of approximately $650.00. 1 O.As a result of the injuries she suffered in the fall described above, Plaintiff Shelley Boulliane was required to seek medical treatment and care, requiring her to expend large sums of money for medical attention and medication. Her injuries may require continued medical attention in the future. 11 .As a result of the injuries she suffered in the fall described above, Plaintiff Shelley Boullianne suffered has suffered and will continue to suffer great pain, suffering, inconvenience, embarrassment, mental anguish, and loss of enjoyment of life. 12.The injuries which Plaintiff Shelley Boullianne suffered in the fall described above were the direct an proximate result of the negligence of Defendant in failing to keep the premises safe for the use of persons lawfully on the premises by causing or permitting a concealed mirror to remain in a position where it would cause persons to trip over it, and where persons engaged in transacting business with Defendant would not be likely to see the mirror in order to avoid it. WHEREFORE, Plaintiff Shelley Boullianne demands judgment against Defendant for damages not in excess of $25,000.00, together with costs of suit, and such additional relief as the Court deems appropriate. COUNT TWO ANDREW BOULUANNE V. FOOTLOCKER, a.k.a. FOOTLOCKER, INC. 13. Plaintiff Andrew Boullianne was on 11/812000, and has at all times since then been the spouse of Plaintiff Shelley Boullianne. 14. The averments of Paragraphs One through Twelve of'this Comp/ainfare hereby reaverred and incorporated by reference as if set forth at length. 15. As a result of the injuries to his spouse, Shelley Boullianne, due to Defendant's negligence, Plaintiff Andrew Boullianne was deprived of the consortium, services, assistance, and companionship of his spouse. WHEREFORE, Plaintiff Andrew Boullianne demands judgment against Defendant for damages not in excess of $25,000.00, together with costs of suit, and such additional relief as the Court deems appropriate. AFFIDAVIT We, the undersigned, verify that the facts set forth in the foregoing Comp/aintare true and correct, to the best of our knowledge, information, and belief. We acknowledge that these statements are made subject to the penalties of 18 Pa.C.S. 94904/ relating to unsworn falsification to authorities. Date / OL Ii {J /;JcX ~ - ,/ ' ~A(/ e ey Bo . ne DateJJh 81 Dd ~/ (B II<tJa~ Andrew Boulli nne o ~; ~- -orr_, 1'11;,1 Z':;'''l 65S~ 2c) ~o -0 >c ~ G C) r,) i? ,"', ,~.., ('..) C-' :t:~ :x ::~ (~) ~r3J >;.d(~ om --~\ ?P ~ - - W N SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiffs NO. 02-5270 vs. CIVIL ACTION - LA W FOOTLOCKER, alk/a FOOTLOCKER, INC. Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of NAUMAN, SMITH, SHISSLER & HALL, LLP, and J. STEPHEN FEINOUR, ESQUIRE on behalf of the Defendant, Footlocker alk/a Footlocker, Inc., in the above action, reserving, however, the right to plead or otherwise move. NAUMAN, SMITH, SHISSLER & HALL, LLP "'-^-'" 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, P A 17108 Telephone: (717) 236-3010 Telefax: (717) 234-1925 Date: February 3, 2003 Counsel for Defendant, Footlocker alk/a Footlocker, Inc. CERTIFICATE OF SERVICE AND NOW, on the date stated below, I, J. Stephen Feinour, Esquire, of the firm of Nauman, Smith, Shissler & Hall, LLP, hereby certif'y that I this day served the foregoing "Praecipe for Entry of Appearance" by depositing a copy ofthe same in the United Stales Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to the following: Fred H. Hait, Esquire Fred Hait & Associates, P.C. 17 East High Street, Suite 101 Carlisle, PAl 7013 NAUMAN, SMITH, SHISSLER & HALL, LLP ~L~~,- J. S ephen Femour, Esquire Supreme Court ID# 24580 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Defendant, Footlocker a/kJa Footlocker, Inc. Date: February 3, 2003 (") c: ~- -ai'l; rn(:' :;?: :~u ~~,... ~~ ~ .... o (.") ""T1 rr1 lU o -1'1 .~J J:i:T.l , .(:'- ..in yl t ._) -f, 2f?; ;_.~ """l i> ::0 -< ~o :1': :J1 .,,.J SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs vs. : NO. 02-5270 VENATOR RETAIL GROUP, INC., d/b/a FOOTLOCKER, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certifY that on the date written below, a true and correct copy of "Defendant's Interrogatories Addressed to Plaintiffs" was served by United States First Class Mail, postage pre- paid, upon those person(s) listed below: Fred H. Hait, Esquire Fred Hait & Associates, P.C. 17 E. High Street, Suite 101 Carlisle, PA 17013-3047 NAUMAN, SMITH, SHISSLER & HALL, LLP . -). ~L ,-"..._ 0- . Ste en Feinour, Esquire Supreme Court ID#24580 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, P A 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 Attorney for Defendants Dated: February 23, 2004 o ~ V}>;: fil," " (:2 ~L. ,':~:C_ S-~ ~~ :c;i -, '" = = ~ -., r,', c:.:; o " i!-" :,11'::"" -om :gy u(-- ..-J.) ;:..:8 '"-Jr,, ;~~r,'"'i ;-::\ ;D -~ r" .r- ..." :J;: N U1 N SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 02-5270 VENATOR RETAIL GROUP, INC., d/b/a FOOTLOCKER, : CIVIL ACTION - LAW (erroneously identified as FOOTLOCKER aIkIa FOOTLOCKER, INC.) Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the Defendant's Request for Production of Documents was served by United States First Class Mail, postage pre- paid, upon those person(s) listed below: Fred H. Hait, Esquire Fred Hait & Associates, P.e. 17 E. High Street, Suite 101 Carlisle, PA 17013-3047 NAUMAN, SMITH, SHISSLER & HALL, LLP 7 ~ J te en Feinour, Esquire Supreme Court J.D. No. 24580 Lucinda C. GUnn, Esquire Supreme Court LD. No. 84737 200 N. 3'd Street, 18th Floor P. O. Box 840 Harrisburg P A 17108-0840 Telephone: (717) 236-3010 Counsel For: Defendant Dated: February 23, 2004 o ~- ~:; ,;l~i; '~;~i r-" ~, ~.~':: c ~;;.~ ~ -< ......' =J = J:" ..." P"-l c;J N z:- o -1'1 --1 :t:-n rnr~: -nm -f',c.J 96 '"1: :J~l ~~~ t) ..~.,~ r-" \ C)'" -. ~~. s.] -< -,:; 1') Ul N SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. : NO. 02-5270 FOOTLOCKER, alkla FOOTLOCKER, INC. Defendant : CIVIL ACTION - LAW STIPULATION TO AMEND CAPTION It is hereby stipulated to by and between Fred H. Hait, Esquire, counsel for the Plaintiffs, and J. Stephen Feinour, Esquire, counsel for the Defendant, that the caption in this matter be amended as follows: Shelley Boullianne and Andrew Boulliane, her husband, Plaintiffs v. Venator Group Retail, Inc. d/b/a Footlocker It is further stipulated to that all previous pleadings and other filings with this Court shall be deemed filed under this amended caption. L~~ ~ / " , Fred H. Hait, Esquire Supreme Court ill #34331 Fred Hait & Associates, P.S. 17 East High Street, Suite 101 Carlisle, PA 17013-3047 Counsel for Plaint' ,,~ : Step en Feinour, Esquire Supreme Court ill #24580 Nauman, Smith, Shissler & Hall, LLP 200 North Third Street, 18th Floor P. O. Box 840 Harrisburg, P A 17108-0840 Counsel for Defendant Date: February 23, 2004 JEJ ENTERED C) C. ~? ~~-:; ""- -r; ~-q t:o 1'.) {f: r:"? U1 (") -'1'1 --, ~~~ :"T ~~',~~ ~f: ':~'-2 ~;~ SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs vs. : NO. 02-5270 VENA TOR GROUP RETAIL, INC., d/b/a FOOTLOCKER, Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiffs, Shelley Boullianne and Andrew Boullianne You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the service hereof or a default judgment may be entered against you. NAUMAN, SMITH, SHISSLER AND HALL, LLP . ... /? ~\)-,-~ . LL.--- "1--- 1. epheJ Feinour, Esquire preme Court ID#24580 200 North Third Street P.O. Box 840 Harrisburg, PAl 71 08 Telephone: 717/236-3010 Counsel for Defendant, Venator Group Retail. Inc. d/b/a Footlocker Date: November 11. 2004 SHELLEY BOULLIANNE and ANDREW BOULLIANNE, her husband, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs vs. : NO. 02-5270 VENATOR GROUP RETAIL, INC., d/b/a FOOTLOCKER, Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND NOW comes the Defendant, Venator Group Retail, Inc. d/b/a Footlocker (erroneously named in the Complaint as Footlocker a/k/a Footlocker, Inc.), by and through its counsel, Nauman, Smith, Shissler & Hall, LLP, and submits the following Answer with New Matter to Plaintiffs' Complaint: COUNT ONE Shelley Boulliane v. Venator Group Retail. Inc. d/b/a Footlocker 1. Denied. After reasonable investigation, Defendant Venator Group Retail, Inc. d/b/a Footlocker (hereinafter "Footlocker") is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1, and strict proof thereof is demanded. 2. Denied. By way of further answer, it is specifically denied that the entity called Footlocker alk/a Footlocker, Inc., by Plaintiffs in this Complaint, maintains a place of business in the Capital City Mall in Lower Allen Township, Cumberland County, Pennsylvania. The correct identity of the Defendant is Venator Group Retail, Inc., d/b/a Footlocker, which operates a Footlocker store at the Capital City Mall. 3. Admitted. 4. The averments of Paragraph 4 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that this paragraph is deemed to contain averments of fact, Footlocker admits that it had possession, control and custody of the Footlocker retail shoe store in the Capital City Mall at the time of the incident. 5. Admitted in part. It is admitted that Plaintiff, Shelley Boullianne, was in Defendant's store on the date of the incident. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 5, and strict proof thereof is demanded. 6. Denied as stated. It is denied that an agent, servant or employee of the Defendant directed Plaintiffto take a seat on a bench in Defendant's store. To the contrary, Plaintiffhad looked at shoes on the wall and was walking around the end of a bench when she tripped on a floor mirror that was fully visible and obvious to persons in the store, including Plaintiff. 7. The averments of paragraph 7 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent this paragraph is deemed to contain averments of fact, Defendant specifically denies that it had placed a mirror in a concealed location or allowed a mirror to remain in a location where a "reasonable person" would not have seen it. To the contrary, the floor mirror was at all times material nereto in plain view and fully visible and obvious to persons in the store, including Plaintiff. After reasonable investigation, Defendant is without knowledge 01' information sufficient to form a belief as to the truth of the remaining averments of Paragraph 7 and strict proof thereof is demanded. 2 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 8, and strict proof thereof is demanded. 9. The averments of paragraph 9 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. If they be deemed averments offact, they are denied. Afterreasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe remaining averments of Paragraph 9 regarding the injuries and damages claimed by Plaintiff, and strict proof thereof is demanded. 10. The averments of paragraph 10 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. If they be deemed averments of fact, they are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth ofthe remaining averments of Paragraph 10 regarding the inuries and damages claimed by Plaintiff, and strict proof thereof is demanded. 11. The averments of paragraph 11 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. Ifthey be deemed averments offact, they are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 11 regarding the injuries and damages claimed by Plaintiff, and strict proof thereof is demanded. 12. The averments of paragraph 12 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent they be deemed averments of fact, Defendant specifically denies that P1amtiffs alleged injury was a result of Defendant's 3 negligence or failure to maintain the premises and specifically denies that the mirror was concealed as described by Plaintiffs, or was 10Gated such that a person would not be likely to see it. COUNT TWO Andrew Boullianne v. Venator Group Retail. Inc. d/b/a Footlocker 13. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 13, and strict proof thereof is demanded. 14. The responsive averments of paragraphs 1 through 13 above are hereby reaverred and incorporated herein by reference. 15. The averments of paragraph 15 constitute legal conclusions to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent they be deemed averments of fact, Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 15, and strict proof thereofis demanded. WHEREFORE, Defendant, Venator Group Retail, Inc. d/b/a Footlocker, respectfully requests that this Court enter judgment in its favor and dismiss Plaintiffs Complaint. NEW MATTER 16. The averments of paragraphs 1 through 15 above are incorporated herein by reference. 17. Plaintiffs have failed to state a cause of action upon which relief can be granted. 18. Plaintiffs' claims may be barred by the applicable Statute of Limitations. 4 19. Defendant was not negligent, careless or reckless in any manner whatsoever. 20. On or about November 8, 2000, there was no dangerous condition existing at the Footlocker store in the Capital City Mall, Lower Allen Township, Cumberland County, Pennsylvania. 21. On or about November 8, 2000, any conditions existing on the premises of the Footlocker store in the Capital City Mall, Lower Allen Township, Cumberland County, Pennsylvania, were open and obvious. 22. Defendant had no notice of any allegedly dangerous condition existing on the premIses. 23. Any acts or omissions on the part of answering Defendant were not significant causes or factors of the alleged incident which is the subject of Plaintiffs' Complaint and/or did not result in the losses alleged by Plaintiffs. . 24. The alleged incident and/or claimed damages set forth in Plaintiffs' Complaint were caused or contributed to by Plaintiff, Shelley Boullianne. 25. Plaintiffs' cause of action is barred by the contributory negligence of Plaintiff, Shelley Boullianne. 26. Plaintiffs' claims are limited or otherwise barred by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. 97102. 27. The negligent acts and omissions of other individuals and/or entities constitute intervening, superceding causes of the damages and/or injuries claimed by Plaintiffs. 28. Plaintiff, Shelley Boullianne, assumed the risk of injury. 5 29. Plaintiffs' Complaipt fails to state sufficient facts to support a claim for loss of consortium. WHEREFORE, Defendant, Venator Group Retail, Inc. d/b/a Footlocker, respectfully requests that the Court dismiss Plaintiffs' Complaint. NAUMAN, SMITH, SHISSLER & HALL, LLP GAI1 VJ' .J '~~C-i ->- \L.12.... (V-v-- J tep1len Feinour, Esquire upreme Court LD. No. 24580 Lucinda C. Glinn, Esquire Supreme Court LD. No. 84737 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg P A 17108-0840 Telephone: (717) 236-3010 Counsel For: Defendant, Venator Group Retail, Inc., d/b/a Footlocker Dated: November 11,2004 6 NOV, 11. 2004 9: 22AM FOOT LOCKER INC, NO, 3421 ,p, 2 VERIFICATION I, . 13:y&G--alll~.s. , verify that I am the 1).'rtc--h>,.. - "f(~~ M"M-r of V enator Retail Group, Inc., d/b/a Footlocker, that as such I am authorized to make this verification on behalfofVenator Retail Group, Inc. and that the statements made in the foregoing "Answer to Complaint with New Matter" are true and correct to the best of my knowledge, infonnation and belief. I understand that false sta.tements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. NiV- CERTIFICATE OF SERVICE I hereby certify that on the date written below, a true and correct copy of the foregoing Answer with New Matter was served by United States First Class Mail, postage pre-paid, upon those person(s) listed below: Fred H. Hait, Esquire Fred Hait & Associates, P.C. 17 E. High Street, Suite 101 Carlisle, PA 17013-3047 ()~- ,1 '''', "t, C,,_ "}.. )'- ~,- . Stepyen Fein6ur, Esquire Dated: November 11, 2004 n ", ~ j~- :, n ''- ~~:: -1. :;-,h'': ::;:l " ."\ ..~ " i-;'i ;;~: -,-"1 tT~ eFt C) :--'" , - <) ~J-t _.~.. \ -) ,'. I ) ',- } i~ll ., 'j "'- ~:.j -<- co -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHELLEY BOULIANNE AND ANDREW BOULLIANNE, her husband Civil Action---Law Plaintiffs No. 02-5270 vs. FOOTLOCKER, a.k.a. FOOTLOCKER, INC., Defendant TO THE PROTHONOTARY PRAECIPE TO SA TISFY DOCKET Please mark this case settled, satisfied, and discontinued. Fred H. Hait, ID # 34331 Smigel, Anderson, & Sacks, LLP River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 234-3611 (fax) fhait@sasllp.com o G "'" "'" = "'"' "'" c:: G' ~:,., \",'- C C:. 7"': :.:2 -' ~ .... :I:::;:J n'r- -om ,:) '1: (~C) ':::2.::n (")0 ?";:rn S )". '13 :< -0 ~ .r::- o N