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DOROTHY EBELING
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
v.
NO. q'l-/t, f eu"p 7J,.....
G.C. MURPHY COMPANY/
MCCRORY CORPORATION and
CORNELIUS BARNETT
Defendants
CIVIL ACTION LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiff, DOROTHY EBELING, by and
through her attorney, the LAW OFFICES OF TIMOTHY A.
SHOLLENBERGER, and does respectfully represent the
following:
1. The Plaintiff, DOROTHY EBELING, is an adult
individual who currently resides at 709 Haldeman Boulevard,
New Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant, G.C. MURPHY CO./ MCCRORY
CORPORATION, hereinafter "MCCRORY CORPORATION", is a
Pennsylvania Corporation, with a registered corporate office
located at 2955 East Market Street, York, York County,
Pennsylvania 17402.
3. At all times material hereto, the Defendant,
MCCRORY CORPORATION, was the owner and operator of the G.C.
McCrory Murphy Variety Store in Lemoyne, Pennsylvania.
4. The Defendant, CORNELIUS BARNETT, is an adult
individual whose last known address is 502 Kevin Court,
Wormleysburg, Pennsylvania 17043.
5. At all times material hereto, CORNELIUS BARNETT,
was acting as a servant, employee or agent of Defendant,
McCRORY CORPORATION.
6. The facts and circumstances hereinafter set forth
occurred on March 7, 1995, at approximately 3:45 p.m. at the
G.C. McCrory Murphy Variety Store located at 1200 Market
Street, Lemoyne, Cumberland County, Pennsylvania 17043.
LAW OffiCES OF
TIMOTIlY A. SHOLLENBEROER
IAlO lINGLESTOWN ROAD . P.O. BOX 6OH! . HARRISBURO. PA 17I06'()H!
171l1114.1700 . FAX 1717) llHlIl
7. At the above referenced time and place, the
Plaintiff, DOROTHY EBELING, was a business invitee of the
McCrory Store in Lemoyne, Cumberland County, Pennsylvania.
B. At the aforesaid time and place, the Plaintiff,
DOROTHY EBELING, was shopping in the greeting card section
of the store when she was struck by a hand pushed
merchandise cart full of stacked boxes that was being pushed
by Defendant, CORNELIUS BARNETT, the manager of the McCrory
Store.
9. As a result of the above described incident,
Plaintiff, DOROTHY EBELING, sustained serious and permanent
injuries, including, but not limited, to:
(a) Displaced subcapital fracture of the left
hip;
(b) Transcervical fracture of the left femur;
(c) Aggravation of hypertension;
(d) Post-op anemia;
(e) Severe stress on the nerves and nervous
system; and,
(f) Extreme mental and physical anguish.
COUNT I
DOROTHY EBELING v. CORNELIUS BARNETT
and McCRORY CORPORATION
10. Paragraphs 1 through 9 of Plaintiff's Complaint
are incorporated herein by reference and made a part hereof
as if set forth in full.
11. The above referenced incident and resulting injury
to the Plaintiff, DOROTHY EBELING, was the direct and
proximate result of the negligence of the Defendant, McCRORY
CORPORATION, acting through its agent, servant and/or
employee, Defendant, CORNELIUS BARNETT, and the direct and
proximate result of the negligence of Defendant, CORNELIUS
BARNETT, in utilizing the merchandise cart in a careless,
reckless and negligent manner as follows:
lAIlI OFFICES OF
TlMOTIlY A. SHOllENBERGER
"10 lINUlESTCWN ROAD . PO. AOX 6014\ . HARRISBURG. PA 11106.0\4\
17171110700 . FAX I7Jl11l4.8111
(a) Failing to see the Plaintiff, DOROTHY EBELING,
prior to striking her with the merchandise cart;
(b) Overloading the merchandise cart so that he could
not see customers who were in its path as he
pushed it up and down the aisles; and,
(c) Moving the cart in the aisle when he knew he could
not see whether customers were in its path of
travel.
12. As a further result of the wrongful and liability
producing conduct of the Defendants herein, Plaintiff,
DOROTHY EBELING, has been obliged to spend various and
diverse sums of money for medicine and medical care and
treatment in and about 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 great detriment and loss.
13. As a further result of the wrongful and liability
producing conduct of the Defendants herein, Plaintiff,
DOROTHY EBELING, has undergone great physical pain and
mental anguish, as well as embarrassment and humiliation and
will continue to endure the same for an indefinite period of
time to the future to her great detriment and loss.
14. As a further result of the wrongful and liability
producing conduct of the Defendants herein, Plaintiff,
DOROTHY EBELING, has been extremely inconvenienced and
unable to attend to her life's daily activities, as well as
being deprived of life's pleasures and will continue to
suffer the same for an indefinite time into the future, to
her great detriment and loss.
1S. As a further result of the wrongful and liability
producing conduct of the Defendants herein, Plaintiff,
DOROTHY EBELING, has suffered other expenses and losses for
which damages are claimed.
WHEREFORE, Plaintiff, DOROTHY EBELING, demands judgment
against the Defendants, MCCRORY CORPORATION and CORNELIUS
BARNETT, for compensatory damages in excess of the amount
requiring compulsory arbitration.
LAW OFTICES Of
TIMOTIlY A. SHOLLENBERGER
IilO L1NGLESTOIVN ROAO . PO BOX 00\41 . HARRISBURG. PA 17106.0\4\
(lI71114.1700 . FAX (7171214.8712
Dated: January 15,
SHOLLENBERGER
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LAW OffiC.CS OF
T1MOTIlY A. SHOLLENBERGER
1~10 UNGLESTOWN ROAD . ro IlOX 60\4\ . IIARRISBURG, PA 1710<>.0\4\
1lI71ll0700 . FAX 1lI111J4-811l
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