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HomeMy WebLinkAbout03-0977IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese No.03- 9`7-7 6t01 VS. The Bon-ton Stores, Inc. Civil Action at Law Yo rl? < P? l??{ol PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Signatur of Atto n °-""- Mary A. Etter Dissinger Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Supreme Court ID No. -__L7736 Date: March 5 2003 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE HEREBY NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU WHICH YOU ARE REQUIRED TO DEFEND OR A DEFAULT JUDGEMENT MAY BE ENTERED AGAINST YOU. /s Prothonotary DATE:_ ! .1u by (Q? r} n ? t s- U ? ,7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00977 P COMMONWEALTH OF PENNSYLVANIA: `COUNTY OF CUMBERLAND CALABRESE SUSAN C VS BON-TON STORES INC THE R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BON-TON STORES INC THE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK serve the within WRIT OF SUMMONS On April 16th , 2003 , this o attached return from YORK County, Pennsylvania, to ce was in receipt of t Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 - - ??- Surcharge 10.00 R. Thomas Kline Dep York County 23.60 Sheriff of Cumberland County .00 60.60 04/16/2003 DISSINGER & DISSINGER Sworn and subscribed to before me this d 1a.r- day of awi;l atr0 A. D. Prothonotary YORKTOWNEB4SINE8S FOMRS • (717) 225 0363 • FAX (717) 225-0367 COUNTY OF YORK OFFICE OF THE SHERIFF S(R )ICE C OIL 771-9 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RFyTURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 2. COURT NUMBER Susan C. Calahrese 03-977 civil 02)(29R(03-977) 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT/SI The Bon-Ton Stores Inc ` Writ of Summons SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. _ The Bon-Ton Stores Tnc 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 9801 Ract Market StrPPt York, PA 17401 7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE },DEPUTIZE C RT. IL ? 1 ST CLASS MAIL ? POSTED ? OTHER NOW March 6 ,.q 20 I, SHERIFF O NTY, PA, do h reby deputize the sheriff of York COUNTY to execute thia return they rding to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OFVIII? OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER I'll. DATE FILED MARY A. ETTER DISSINGER 28 N. 32nd ST. CAMP HILL, PA 17011 none 3-5-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF -- DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ R. A H R E N S 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. 3_ 7-03 4-4-03 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE (Xf SHERIFFS OFFICE( ) OTHER ( ) SEE REMARKS BELOW 17. ? I hereby certifp and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. NAME AND11TWE OF INDIVIDUAL SERVED / LIST ADDRESS HFRF IF NOT SHOWN GROVE lp.ifi ,shin to nof.-A M In n- -f 22. REMARKS: qA-112 23. Advance Costs 75 00 24. ServiceCosts 18.00 25. N/F 26. Mileage 3.60 1 27. Postage 28. Sub Total 21.60 29. Pound 30. Notary 2 00 31. Surchg. 32. Tot. Costs 23 60 33. Costs Due efund eck Nc 51 4 . . . . s 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Posted/Not Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRME pp b ib SO NSWERS . ?suu scr ed to beforen this H 1L U3 42. day of 20-4 Signature of ep Sheriff 45. DATE(- - 14te"4V i NOT Y . 46. Signature of York C h 3 47. DATE Notarial Seal James V.\eang-e--.NotaryPublio ounty S eriff WILLIAM M. HOSE 4-7-03 City of York, Yo k County, PA mission Expires Mar. 21, 2005 C 48. Signature of Foreign C Sh 49. DATE om ounty eriff .,, , , ,",, ,".,, , ., ,.?,.,,.,. 151. UAI L HLULIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK- Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant SUSAN C. CALABRESE, Plaintiff VS. THE BON-TON STORES, INC., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 03-977 JURY TRIAL DEMANDED PRAECIPE PLEASE enter the appearance of Jefferson J. Shipman, Esquire and Goldberg, Katzman & Shipman, P.C., for the Defendant, The Bon-Ton Stores, Inc., in the above-captioned matter. Q GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE : 3 95251.1 ' ef??rsori J. Shipm/fi, Esquire /Attorney I.D. 51785 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at HaFqsburg, Pennsylvania, with first-class postage prepaid on the day of 2003, addressed to the following: 0 Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Attorneys for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. ,Z1 ffdWon J. SV13man, Esquire .D.#: 51785 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendant 95252.1 I Tt Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant SUSAN C. CALABRESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO: 03-977 THE BON-TON STORES, INC., Defendant JURY TRIAL DEMANDED TO THE PROTHONOTARY: PRAECIPE Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service hereof, or suffer judgment of non pros. GU RG, KATZMAN & SHIPMAN, P.C. f erson J. Shi an, Esquire .0. Box 1268 s•/G /03 arrisburg, PA 17108-1268 DATE: / Attorneys for Defendant RULE TO: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Attorney for Plaintiffs A Rule is hereby issued upon Plaintiff to file a Complaint against Defendant within twenty (20) days of service hereof, or suffer judgment of non pros. _ DATE ' ZZ ., Af X003 Curt Long, Prothono y 95256.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Ha?if burg, Pennsylvania, with first-class postage prepaid on the / CO day of , 2003, addressed to the following: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 28 North 32nd Street Camp Hill, PA 17011 Attorneys for Plaintiff ERG, KATZMAN & $HIPMAN, P.C. jeftf/Alson J. ShipmaV, Esquire .D.#: 51785 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendant 95252.1 .` 1 n C ca:s :7"I : T:as , ; - '^?' "? ` + ?„ V t? =C? ?^i "? :3 ?. ,?"` -? _? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, . Plaintiff Civil Action at Law VS. No. 03-977 The Bon-ton Stores, Inc. Jury Trial Demanded Defendant N O T I C E T O D E F E N D 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. Cumberland County Court House Court Administrator 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 ire Attorney for P1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, Plaintiff VS. The Bon-ton Stores, Inc. Defendant Civil Action at Law No. 03-977 Jury Trial Demanded COMPLAINT AND NOW COMES, Plaintiff, Susan C. Calabrese, by and through her attorneys, Dissinger & Dissinger, and avers as follows: 1. Plaintiff, Susan C. Calabrese, is an adult individual who resides at 1503 Country Drive, Mechanicsburg, Pennsylvania. 2. Defendant, The Bon-ton Stores Inc., is a corporation organized and existing under the laws of with a store location at Camp Hill, Pennsylvania and a corporate office located at 2801 East Market Street, York, Pennsylvania. 3. At all times mentioned herein, Defendant was in exclusive possession, management and control of the store, individually and through its employees who were acting within the course of their employment by Defendant and in furtherance of the Defendant's business. 4. On or about March 10, 2001, Plaintiff was a business visitor to the Defendant's Camp Hill store location. 5. As she was shopping, she lifted up the sleeve of a dress II Iand the entire dress rack feel on her, striking her left ,breast, knocking her to the floor and pinning her underneath, all of which resulted in serious and permanent injuries as set forth below. 6. With the assistance of another shopper, Plaintiff got up and went to the dressing room to examine her injuries. She found a large amount of bruising on her left breast and was unable to move her shoulder without experiencing a great deal of pain. COUNT I - Negligence 1. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2. The accident was caused exclusively and solely by the Defendant's negligence, carelessness and recklessness in that: (a) Defendant caused or permitted the dress rack to be unstable to the point where it posed an unreasonable risk of injury to Plaintiff and other business visitors; (b) Defendant failed to make a reasonable inspection of the dress rack which would have revealed the existence of the dangerous condition posed by the dress rack; (c) Defendant failed to give warning of the dangerous condition posed by the dress rack or take any other safety precautions to prevent injury to the Plaintiff or other business visitors; 3. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained injuries to her, both internally and externally, including, but not llimited to: torn tendons in her left shoulder, deep contusion to her left breast and chest wall, strain on her left shoulder all of which injuries have caused Plaintiff great pain and suffering which will continue for an indefinite period of time and may be permanent. WHEREFORE, Plaintiff requests that Defendant be found liable for negligence and damages be awarded. COUNT II - Medical Expenses 1. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has been and will in the future be obliged to expend monies for medicine and medical care in order to treat and help cure her injuries in an effort to restore herself to health, and a claim is made therefor. WHEREFORE, Plaintiff requests that Defendant be held liable for Plaintiff's medical expenses and damages be awarded. COUNT III - Lost Wages 1. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff has and will in the future be unable to attend to her usual and daily duties and her employment to her financial detriment and loss, and a claim is made therefor. 3. Solely as a result of the aforementioned injuries, Plaintiff lost her job and lost wages prior to being let go from her employment, and claim is made therefor. WHEREFORE, Plaintiff requests that Defendant be held liable for Plaintiff's past and future lost wages and damages be awarded. COUNT IV - Pain and Suffering 1. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2. Solely as a result of the aforementioned injuries, Plaintiff has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 3. As a result of the aforesaid incident, Plaintiff, has been subject to great humiliation and embarrassment, and claim is made therefor. 4. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. WHEREFORE, Plaintiff requests that Defendant be held liable for Plaintiff's pain and suffering and damages be lawarded. WHEREFORE, Plaintiff demands damages for negligence, medical expenses, lost wages, loss of earning capacity and pain and suffering from the Defendant in an amount in excess of one-hundred thousand dollars ($100,000.00), together with costs and expenses. Respectfully submitted: DISSINGER AND DISSINGER Koren -L :"Koebigsbe Attorney for Plaintiff Supreme Court ID #85556 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 IF VERIFICATION I, Susan C. Calabrese, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Susan C. Calabrese IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, Plaintiff VS. The Bon-ton Stores, Inc. Defendant Civil Action at Law No. 03-977 Jury Trial Demanded CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Jefferson J. Shipman, Esquire, attorney for Defendant, by depositing same in the United States Mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: K fen L.- Ko n gsber Attorney for Plain iff o Key '?? ._. + tT m` 7 4y . 7 t 5 .x. C7 ? 'A ta G Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant SUSAN C. CALABRESE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 03-977 THE BON-TON STORES, INC., Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiff and her counsel Karen L. Koenigsberg, Esquire You are hereby notified to plead to the New Matter of Defendant within twenty (20) days of service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. J f on J. hipman, Esquire torney I.D. 51785 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: Attorneys for Defendant 97673.1 Jefferson J. Shipman, Esquire I.D. #51785 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant SUSAN C. CALABRESE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO: 03-977 THE BON-TON STORES, INC., Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, THE BON-TON STORES, INC. TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, The Bon-Ton Stores, Inc., by and through its counsel, Goldberg, Katzman & Shipman, P.C., and files the following Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, The Bon- Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4 and the same are therefore denied and strict proof demanded at the time of trial. 5. Denied. After reasonable investigation, The Bon- Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 5 and the same are therefore denied and strict proof demanded at the time of trial. 6. Denied. After reasonable investigation, The Bon- Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 6 and the same are therefore denied and strict proof demanded at the time of trial. Count I - Negligence 1. The Bon-Ton Stores, Inc., incorporates herein by reference its answers to Paragraphs 1 through 6 above as though fully set forth herein at length. 2. Denied. The averments contained in Paragraph 2 and subparagraphs (a) through (c) are denied as conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained in Paragraph 2, subparagraphs (a) through (c) are specifically denied. 2 3. Denied. The averments contained in Paragraph 3 are, in part, conclusions of law and fact to which no' response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, The Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 3 relating to Plaintiff's alleged injuries. The same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, The Bon-Ton Stores, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. Count II - Medical Expenses 1. The Bon-Ton Stores, Inc., incorporates herein by reference the prior paragraphs of its Answer as though fully set forth herein at length. 2. Denied. The averments contained in Paragraph 2 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable 3 investigation, the Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 2 relating to Plaintiff's alleged medical expenses and treatment and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, The Bon-Ton Stores, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. Count III - Lost Wages 1. The Bon-Ton Stores, Inc., incorporates herein by reference the prior paragraphs of its Answer as though fully set forth herein at length. 2. Denied. The averments contained in Paragraph 2 are, in part, conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. After reasonable investigation, the Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the remaining averments of Paragraph 2 relating to Plaintiff's 4 alleged damages and the same are therefore denied and strict proof demanded at the time of trial. 3. Denied. After reasonable investigation, The Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 3 relating to Plaintiff's alleged lost wages, and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, The Bon-Ton Stores, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. Count IV - Pain and Suffering 1. The Bon-Ton Stores, Inc., incorporates herein by reference the prior paragraphs of its Answer as though fully set forth herein at length. 2. Denied. After reasonable investigation, the Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 2 relating to Plaintiff's alleged physical and mental suffering, great inconvenience and loss of life's pleasures and 5 enjoyment and the same are therefore denied and strict proof demanded at the time of trial. 3. Denied. After reasonable investigation, The Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 3 and the same are therefore denied and strict proof demanded at the time of trial. 4. Denied. After reasonable investigation, The Bon-Ton Stores, Inc., is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 4, relating to Plaintiff's alleged damages and the same are therefore denied and strict proof demanded at the time of trial. WHEREFORE, the Defendant, The Bon-Ton Stores, Inc., respectfully requests that judgment be entered in its favor and that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER By way of additional answer and reply, Defendant interposes the following New Matter defenses: 6 1. That the Plaintiffs' claims are barred and/or limited by the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. §7102, et seg., and by the Doctrine of Comparative Negligence. 2. That the Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 3. That the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 4. The Plaintiff was comparatively negligent and failed to exercise reasonable care for her own safety in the following: (a) Walking inattentively without first ascertaining whether it was safe to do so; (b) Knowingly and voluntarily encountering an obvious danger; (c) Failing to watch where she was walking, stepping and shopping; (d) Walking and stepping in a hurried and otherwise inappropriate manner; and (e) Failing to be attentive to the conditions of the rack and area where she was shopping. 5. That if a dangerous condition existed at the time of the Plaintiff's accident, which is denied, then the Defendant 7 avers that it did not have actual or constructive notice of the alleged dangerous condition prior to the accident. 6. That the Plaintiffs' injuries and damages, if any, were not caused by any acts, omissions, or breaches of duty by the Defendant, The Bon-Ton. 7. That the Plaintiff's accident may have been caused by other parties or entities who are not presently involved in the case. WHEREFORE, the Defendant, The Bon-Ton Stores, Inc., respectfully requests that judgment be entered in its favor and that Plaintiffs' Complaint be dismissed with prejudice. Respectfully submitted: GOLDBERG, KATZMAN & SHIPMAN, P.C. J r on J. Shipman, Esquire torney I. D. 51785 320 Market Street P.O. BOX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant, DATE The Bon-Ton Stores, Inc. 97673.:1 8 VERIFICATION I, "/ b--rlu l1rUrnm¢r/Ch, the OeAu" (lCtngcje? , of The Bon-Ton Stores, Inc., hereby acknowledge that I am authorized to execute this Verification on behalf of Defendant in this action; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject me to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. THE BON-TON STORES, INC. ? - Date: 97707.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, ennsylvania, with first-class postage prepaid on the day o 2003, addressed to the foll i ow ng: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 28 North 32' Street Camp Hill, PA 17011 Attorneys for Plaintiff KATZMAN & SHIPMAN, P.C. J ffUr'son J. Shipman, Esqu YD.#: 51785 P.O. Box 1268 Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorney for Defendant 95252.1 ? C;] 'i1 C: C" '• C? ? 2 C. + mr?? r- - I'., ? u, ? '-'? _<;_ G `' ?% r' '. - -. C i ") C. J - .o -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, Plaintiff Civil Action at Law VS. No. 03-977 The Bon-ton Stores, Inc. Jury Trial Demanded Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 1. Denied. The averment contained in paragraph one (1) is a conclusion of law for which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 2. Denied. It is specifically denied that the Plaintiff failed to exercise reasonable care for her own safety under the circumstances then and there existing. 3. Denied. It is specifically denied that the Plaintiff's failure to exercise reasonable care for her own safety was a substantial factor in the happening of the accident. 4. Denied. It is specifically denied that the Plaintiff was comparatively negligent and failed to exercise reasonable care for her own safety in (a.) walking inattentively without first ascertaining whether it was safe to do so; (b.) knowing and voluntarily entering and countering an obvious danger; (c.) failing to watch where she was walking, stepping and shopping; (d.) walking and stepping in a hurried and otherwise inappropriate manner; and (e.) failing to be attentive to the conditions of the rack and area where she was shopping. By way of further answer, the accident was caused solely as a result of Defendant's negligence, carelessness and recklessness. 5. Denied. It is specifically denied that the Defendant did not have actual constructive notice of the alleged dangerous condition prior to the accident. By way of further answer, Defendant did have actual and constructive notice of the dangerous condition in that Defendant was in the process of renovating the interior of the store and the condition of the accident site was deliberate on the part of the Defendant. 6. Denied. It is specifically denied that the Plaintiff's injuries and damages were not caused by any acclamations or breaches of duty by the Defendant. 7. Denied. It is specifically denied that the Plaintiff's accident may have been caused by other parties or entities who are not presently involved in this case. WHEREFORE, the Plaintiff, Susan C. Calabrese, respectfully requests that judgement be entered in her favor and that the Defendant be found liable for negligence, medical expenses, lost wages, loss of earning capacity and pain and suffering from the Defendant in an amount in excess of $100,000.00, together with costs and expenses. Respectfully submitted: DISSINGER AND DISSINGER I / r W1 v Alen L. xoeni snerg orney for P1 inti f Supreme Court ID #85556 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Susan C. Calabrese, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Susan C. Calabrese IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, Plaintiff Civil Action at Law VS. No. 03-977 The Bon-ton Stores, Inc. Jury Trial Demanded Defendant CERTIFICATE OF SERVICE I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Jefferson J. Shipman, Esquire, attorney for Defendant, by depositing same in the United States Mail, postage prepaid, addressed as follows: Jefferson J. Shipman, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: 3 Michael J. Crocenzi, Esquire Attorney I.D. #66255 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-416 Attorney for Defendant The Bon-Ton Stores, Inc SUSAN C. CALABRESE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. THE BON-TON STORES, INC., Defendant TO THE PROTHONOTARY: NO. 03-971 JURY TRIAL DEMANDED PRAECIPE Please substitute the appearance of Michael J. Crocenzi, Esquire for Jefferson J. Shipman, Esquire as counsel for the Defendant in the above-captioned action. Date: 6, * _?? GOLDBERG, KATZMAN & SHIPMAN, P.C. By Michael J. Crocbnzi, Esquire Attorney I. D. No. 66255 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant, The Bon-Ton Stores, Inc. 108602.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 4 day of April 2004, addressed to the following: Karen L. Koenigsberg, Esquire 28 North 32nd Street Camp Hill, PA 17011 Respectfully submitted, GOLDBERG, KA.TZMAN & SHIPMAN, P.C. By Carol Susan Love, Paralegal for Michael J. Crocenzi, Esquire Attorney I. D. No. 66255 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant, The Bon-Ton Stores, Inc. 108602.1 ?a ?? o O _ ? 1 T x° =r i7 Ill r -? m -.7 C? N p : ?° -1'1 .?(? ;? ?? ? _ _. C; 4 ? i=` ?_- N ? ? I?R K I7 r I? IN THE COURT OF COMMON PLEAS (Susan C. Calabrese, OF CUMBERLAND COUNTY Plaintiff /Respondent : Cavil Action at Law vs. No. 03-977 The Bon-ton Stores, Inc. Defendant : Jury Trial Demanded PETITION TO WITHDRAW APPEARANCE TO THE HONORABLE, THE JUD(;E OF SAID COURT AND NOW COMES, Mary A. Etter Dissinger and Dissinger and Dissinger, counsel for Susan C. E? to withdraw as counsel Calabrse, and requests in avers as follows; Permission 1. Petitioner is Mary A. Etter Dissinger and Dissinger and Dissinger, with a place of business located Second Street, Camp Hill, at 28 North Thirty- Harrisburg, Pennsylvania. 2. Respondent is Susan C. Calabrese, an adult individual who resides at 1503 Country Drive, Mechanicsburg, Pennsylvania. 3. On March 5, 2003, Petitioner entered her appearance in the above captioned matter by filing a Writ of Summons Defendant. against 4. Petitioner wishes to withdraw the appearance of her and herself as counsel for Susan C. Calabrese. firm 5. Respondent has verbally instructed Petitioner proceed with this litigation. not to 6. Petitioner requested Respondent to confirm her writing but Petitioner has received no wishes in response from Respondent. WHEREFORE, Petitioner requests that a Rule be issued Respondent herein and Defendant's counsel to upon show cause why the relief requested should not be granted. Respectfully submitted: Mary K. Etter issi Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd street Camp Hill, PA 17011 (717) 975-2840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Susan C. Calabrese, Plaintiff vs. The Bon-ton Stores, Inc Defendant Civil Action at Law No. 03-977 Jury Trial Demanded CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document h.as been duly served upon Respondent, Susan C. Calabrese and Defendant, the Bon-ton Stores, Inc., by depositing same in the United States Mail, postage prepaid, addressed as follows: Susan C. Calabrese 1503 Country Drive Mechanicsburg, PA 17055 Michael J. Crocenzi, Esquire Attorney for the Defendant 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Date: C( ?? Mary A. Etter Dissinge Attorney for Plaintiff N Gl r ? = T co -Elm ' P L C I Urn rn 2; IN THE OF CUMBERLANDO LEAS COUNTY >usan C. Calabrese, /Respondent Plaintiff / ep Civil Action at Law VS. : No. 03-977 Jury Trial Demanded The Bon-ton Stores, Inc. Defendant MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE JUDGE OLER The Petition respectfully represents: 1 attorney with the , Petitioner is Mary A. Etter Dissinger, irm of Dissinger and Dissinger, with a place of business at 28 N. 2nd Street, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent is Susan C. Calabrese, residing at 1503 Country Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. A Petition to Withdraw Appearance was filed with this Honorable Court on September 8, 2004. 4. A Rule to Show Cause why the relief requested should not be granted was signed by the Honorable Judge Oler on September 9, 2004. 5. The Rule to Show Cause of September 8, 2004, was served upon Susan C. Calabrese, respondent, on. or about September 22, 2004. 6. A copy of the Rule to Show Cause was served on Michael J. Crocenzi, Esquire, attorney for Bon-ton Stores, Inc. on or about September 10, 2004. 7. No response to the Rule has been filed by Susan C. 8. No response to the Rule has been filed by Michael J. rocenzi, Esquire. WHEREFORE, Petitioner, Mary A. Etter Dissinger, Esquire, requests the Court to sign the attached Order permitting her and Dissinger and Dissinger to withdraw as counsel in this matter. Respectfully submitted: DISSINGER AND DISSINGER Mary l/YEA'. E Dissinger, Petitioner Supreme Court ID # 27736 28 N. 32nd street Camp Hill, PA 17011 (717) 975-2840 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY an C. Calabrese, Plaintiff /Respondent Civil Action at Law VS. ; No. 03-977 Jury Trial Demanded Bon-ton Stores, Inc. Defendant CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a py of the foregoing document has been duly served upon Susan C. labrese, Plaintiff and Michael J. Crocenzi, Esquire, attorney for fendant, by depositing same in the United States Mail, postage epaid, addressed as follows: Susan C. Calabrese 1503 Country Drive Mechanicsburg, PA 17055 Michael J. Crocenzi, Esquire Attorney for 'Defendant 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 e. ?????0% 4 rns ru -L- Mary der Dissinger, Petitioner ? ?., r c? .?_ ;, ., ?, _ ?., : , , r, . _v "`7 'n Y ?' 'n N ? .c .. ? __' -C CJ 'za C,: OCi Ii 2004 IN THE OF CUMBERLANDO LEAS COUNTY ;usan C. Calabrese, plaintiff /Respondent Civil Action at Law VS. No. 03-977 Inc. Jury Trial Demanded The Bon-ton Stores, Defendant ORDER 2004, as no AND NOW this --4-?sc ?? =' day of _ Calabrese and )jections have been filed by Respondent Susan C. ?fendant, the Bon-ton Stores, Inc., the firm of Dissinger and issinger and the appearance of Mary A. Etter Dissinger for Susan . Calabrese is withdrawn. IV " 1 c.: --'r i=':° c? cct?> ? '~4 C? ei C .re, ??l ? J `-^ (? ? `i' ry `Y`J .. T ?l G.p Curtis R. Long Prothonotary office of the protbonotarp Cumberlantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 03 - 977 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573