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Home My WebLink About97-06816 ~- (') ",-- c,,~ ''.J ('" ....l. .' ,... i/) , n " 1 UJ.. () '. .'- V'.' l...... 7' -~- \ ~1JI' U') " tel' , .,11' . " '-L..,' . '. ...:1.. " , 'I, C"J 1 0 Cl' U it: .. " ,"" (\.' I ~.. , , .. " ( 1 ~ :.- -'t ". I ; (J~. (' , 'p' " "f ~ ' I::) ) {J" lll, ~ "-. tl.~!;.1 ' r.; ':,J ,~ , - ...:;,: ~ I. ... II~ (;,~ ,'.J <.) Cn (.) IN THE COURT OF COMMON I'LEAS FOR CUMBERLAND COUNTY, I'ENNSYLV ANI A EDWARD BURNS Ilnd VICTORIA BURNS CIVIL ACTION. LAW V~I CIVIL TEI{M 97-6816 WAL-MART STORES, INC, COMfLAlliI 1. Plaintiffs, Edward Burns and Victoria Burns, husband and wife, are adult individuals residing at 6 Texaco Road, Mechanicsburg. Cumberland County, Pennsylvania, 2, Defelldant, Wal.Mart Stores, lnc, is a corporation organized and existing under the laws of Delaware with an agent authorized to acccpt service of process in Pennsylvania known as CT Corporation Systems, 1635 Markct Strect, Philadelphia, Pennsylvania, 3, The Defendant hcrein acted by and through its respective agents, scrvants and employees, all of whom were acting within the scope and course of their cmploymcnt. COUNT I NEGLlGENn~ 4, On Deccmber 20, 1995, Mr, and Mrs, Burns were busincss invitees at the Wal-Mart Store located in Meehanicsburg. Pennsylvania, 5, On the aforesaid date, Plaintiff Edward Burns was caused to fall after entering the Wal-Mart Storc and approaching the customer servicc dcsk due to the accumulation of watcr on the floor, 6, At thc timc of thc incident. Dcfendant Wal-Mart Ston's. lnc" owned, occupicd. possessed, controlled and/or maintained rcsponsibility for thc Wal-Mart Storc located in Mechanicsburg, Pennsylvania, 7, The Dcfendant was negligent, careless and/or reckless by means of the following: a, Failing to provide a reasonably safe premise for its business invitees; b, Failing to keep the store flooring in a rcasonably c1clll1l1nd safe condition for ..... ..-.I' ~(, , c; " 1 1 , " " .. , ..' , " .. ' i ~ I,' " <" " :... 11,11 "-'-. , "'~' , (1'\ i ~_i (1' () , . TERMED HBG REMAND U.S. District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKE'l.' FOR CASE 11: 98-CV'916 Burns, et al v, Wal-Mart Stores, Inc Assigned to: Mag. Judge J. Andrew Smyser Demand: $0,000 42041 Lead Docket: None Dkt 11 in Cumberland County : is 97-6816 Cause: 28:1441 Petition for Removal, Personal Injury Filed, 06/09/98 Jury demand: Both Natur.e of Suit: 360 Jurisdiction: Diversity EDWARD BURNS plaint if f John 0, Briggs [COR W NTC] Katherman Martz & Gailey 31 S. Queen Street York, PA 17403 717,848,3838 VICTORIA BURNS plaintiff John 0, Briggs (See above) [COR LD NTC] v, WAL,MART STORES, INC. defendant Patrick J, McDonnell [COR LD NTC] Silverman Coopersmith & Primmer Two Penn Center Plaza Suite 910 Philadelphia, PA 19102 215,636,4474 Marc 0, Weinberg [COR 10 NTC] Silverman, Coopersmith & Primmer Two Penn Center Sui te 910 Philadelphia, PA 19102 ~ Docket as of May 20, 1999 3:35 pm Page 1 Pro'~edings include all events, 1:98cv916 Burns, et al v, Wal'Mart Stores, Inc TERMED HBG 6/9/98 1 REMAND PETITION FOR REMOVAL from Cumberland County Court Court, Case Number: 97,6816 ' copy of complaint attached. Receipt #: 71994 Amt: $150.00 (cl) [Entry date 06/10/98] REMARK -Case file w/ copy of docket to Judge Rambo (cl) ANSWER by defendant Wal'Mart Stores, Inc to the complaint w/ affirmative defenses; jury trial demand (cl) RE~\RK -doc 2 to Judge Rambo (cl) 6/10/90 6/12/98 2 6/l,2/98 6/18/98 3 RESPONSE (captioned, "Answer") by Pltfs., Edward Burns, Victoria Burns to Oft's Notice of. Removal; C/S. (vg) [Entry date 06/19/98] JOINT CASE MANAGEMENT PLAN returned with c of s, (ma) [Entry date 07/22/98) ORDER by Judge Sylvia H. Rambo IT IS ORDERED THAT the captioned action is reassigned to MJ Smyser. The case management conference scheduled before the undersigned on 7/22/98 is canceled and will be rescheduled at the convenience of the magistrate judge, Case reassigned to Mag, Judge J, A. Smyser (cc: Ct, all counsel) (jk) [Entry date 07/24/98] 7/21/98 4 7/21/98 6 7/22/98 7/23/']8 7/24/98 5 REMARK, Document #4 sent to J. Rambo, (ma) 8/14/98 7 REMARK ' Case file in Harrisbur.g open file area. (ma) Standard ORDER - by Mag. Judge J. A, Smyser: Case Management Conference set for 10:30 a.m, on 8/14/98, 11th Flr" Room 1110, Hbg" PA, (cc: all counsel, Crtrm. Dep" Crt, Rptr, & Crt.) (am) MINUTE SHEET of case mgmt, conf, held by Mag. Judge ,,7, A, Smyser on 8/14/98, (jk) [Entry date 08/17/98] 8/14/98 8 Case Management ORDER by Mag, Judge J, A. Smyser - Jury selection set for 9:30 a.m. on 6/7/99; Discovery cutoff 1/15/99; Pretrial conference 5/20/99. Case placed on STANDARD Case Mgmt. Track (cc: Ct, all counsel) (j k) [Entr.y date 08/17/98] 5/17/99 9 MOTION by defendant Wal-Mart Stores, Inc to remand case to court of common pleas with certif of concurrence and cis, (ta) [Entry date 05/18/99J REMARK -Doc [9J to M,J, Smyser (ta) 5/18/99 Docket as of May 20, 1999 ]:]S pm Page 2 Proceedings include all events, 1:9Hcv916 Burns, et al v, Wal-Mart Stores, Inc TERMED HBG 5/19/99 10 REMAND ORDER by Mag, JUdge J. A. Smyser IT IS ORDERED, upon consideration of deft Wal'Mart Stores, Inc.'s mtn to remand and the pltf's concurrence, that the deft's mtn is granted. This case is remanded to the Court of Common Pleas for Cumberland County, pursuant to 28 USC H47(c), ' The deft shall pay pltf's costs incurred as a result of the removal. The Clerk shall send a certified copy of this Order to the Clerk of Court, of Common Pleas of Cumberland' County. 'rhe pretrial conference and trial scheduled in this court for 5/20/99 and 6/7/99 are canceled, [9-1] remanding case to the Court of Common Pleas of Cumberland County (cc: all counsel, Ct, & Cumberland County Court) ljh) [Entry date OS/20/99] REMARK, Case file placed in closed file room in Hbg, (jh) 5/20/99 Docket as of May 20, 1999 3:35 pm Page 3 ',. .;S' ~ b- .;j ,~ I-- III 3~ <', LIJ 'I (~J (:1 -- I~ . ~t: ,;l~ 'J_o, i.,>,' 0:1 :,;0 \"J", , I~m , CY. ,i:'} .- ....,e '11 :.: ~. 5 0 <.J