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Home My WebLink About03-1079 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~o.~.~, ~- Civil Action - (X) Law ( ) Equity ELIZABETH J. MAGARO, 107 WASHINGTON STREET HARRISBURG, PA 17104, Plaintiff Plaintiff(s) & Addresses BOSCOV'S DEPARTMENT STORE 370 CAMP HILL SHOPPING CENTER 32 & TRINDLE ROAD CAMP HILL, PA 17011 Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X JOSEPH J. DIXON, ESQUIRE 126 STATE STREET __ Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff Signgture of"Attomey HARRISBURG, PA 17101 (717) 236-8515 Names/Address/Telephone No. Of Attorney Supreme Court ID No.28290 Date: March 10, 2003 WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): BOSCOV'S DEPARTMENT STORE YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. , Prothonotary . Date: March 2003 by "~.~L~ A-/- ~ ~ D~put~ ~ ( ) Check here if reverse is issued for additional information. BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal~margolisedelstein.com ELIZABETH MAGARO V BOSCOV'S DEPARTMENT STORE Attorneys Defendant File#24200 COURT OF CO Or Bo$¢ov'$ 4-00027 CUMBERLAND COUNTY NO. 03-1079 VIMON PLEAS CIVIL LAW JURY TRIAL D MANDED _PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARy OF CUMBERLAND COUNTY: Kindly enter my appearance in the above-captioned action on behalf 0 Boscov's Department Stores. this matter· 7 Defendant, I am authorized to accept service on behalf of !aid participant in Barry~onthal I.D. No. 55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant __CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Enter Appearance on all counsel of record by placing the same in the Unit~edl States mail, at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~ day of 7~]~'] 2003, and addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 MARGOLIS EDELSTEIN Carol Moose D:\I Travelers\24200.4-00027\Pleadings\Entry of Appearance.4-7-03.wpd BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal~margolisedelstein.com Attorneys fgr Defendant File# 24200~I.00027 ELIZABETH MAGARO V BOSCOV'S DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLANDI COUNTY NO. 03-1079 CIVIL LAW JURY TRIAL Dt .PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Rule upon Plaintiff to file a Complaint within twenty (2( Z Attorney I.D.//55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant service hereof or suffer judgment non pros. By: MANDED ) days from TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against Dell ndants in the above-captioned matter within twenty (20) days of service of this Rule against 2~ou or suffer judgment non rp__r_~. Prothonotary, Cumberland Col~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAGARO ELIZABETH J VS BOSCOV'S DEPARTMENT STORE JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BOSCOV'S DEPARTMENT STORE the DEFENDANT , at 1512:00 HOURS, on the 20th day of March at 370 CAMP HILL SHOPPING CENTER CAMP HILL, PA 17011 by handing to REBECCA STEHMAN, ASST MANAGER ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 9 66 00 10 00 00 37 66 Sworn and Subscribed to before me this /D~-~ day of ~.;~ ~ A.D. ~rothonotary So Answers: R. Thomas Kline 03/20/2003 JOSEPH DIXON By: Sheriff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe for Rule to File Complaint on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~"1 day of ~'[ , 2003, and addressed as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 MARGOLIS EDELSTEIN D:\I Travelers\24200.4-00027\Pleadings\Rule to File Complaint.4-8-03.wpd Carol Moose BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthai~margolisedelstein.com ELIZABETH MAGARO V BOSCOV'S DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1079 CIVIL LAW JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: DATE: Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. B~ KRONTHAL Attorney I.D. #55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint 'against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. TRUE COPY FRO . ELIZABETH J. MAGARO, Plaintiff ; BOSCOV'S DEPARTMENT STORE,: Defendant IN Tl-I~: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1079 CIVIL ACTION - LAW COMPULSORY ARBITRATION 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si ustcd quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier hueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By: .,.Ioseph J. Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff ELIZABETH J. MAGARO, : : Plaintiff : VS. : : BOSCOV'S DEPARTMENT STORE: Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1079 CIVIL ACTION - LAW COlVIPULSORY ARBITRATION COMPLAINT AND NOW, this 12th day of June, 2003, comes the Plaintiff, Elizabeth Magaro, by and through her attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: The Plaintiffis Elizabeth J. Magaro, an adult individual, who resides at 107 Washington Street, Harrisburg, Dauphin County, Pennsylvania 17104. The Defendant is Boscov's Department Store, a Pennsylvania business and corporation who mn a department store at 370 Camp Hill Shopping Center, 32nd & Trindle Road in Camp Hill, Cumberland County, Pennsylvania 17011. On or about March 18, 2001 at approximately 11:45 a.m., the Plaintiff, Elizabeth J. Magaro was a customer in the Greenery Restaurant of the Boscov's Depat hnent Store in the Camp Hill Mall in Camp Hill, Cumberland County, Pennsylvania. At said time and place, the Plaintiff got into the tbod line, selected her food items, put them on a tray and paid for them at the cashier. At said time and place, the Plaintiff lef~ the cashier station and started walking with her tray of food towards a table to sit down and eat her meal. At said time and place, the Plaintifftripped over the rubber edging of the carpeting in the dining area of the Greenery Restaurant. At said time and place, the carpeting that caused the Plaintiff to fall was placed over the leg of the table and protruded in an unsafe and hazardous manner in the 10. 11. 12. 13. 14. dining area of the Greenery Restaurant. The fail of the Plaintiff was caused by the negligence and carelessness of the Defendant which consists of the following: Improper maintenance of a restaurant area of a department store. Improper installation of carpeting in a dining area of a restaurant in a department store. Failure to keep the floor ora dining area in a restaurant in a safe condition. Failure to correct a hazardous walking condition in the restaurant which the Defendant knew or should have known of. The representative of the Defendant admitted at the scene of the accident that the carpet should never have been there and should have been removed. Said fall was caused by the negligence and carelessness of the Defendant and in no way caused by the conduct of the Plaintiff, Elizabeth Magaro. As a sole and proximate result of the fall, the Plaintiff, Elizabeth J. Magaro has suffered severe personai injuries. These injuries include but are limited to: fight knee pain and swelling, left knee pain and swelling, lumbosaerai strain sprain, cervicai strain sprain, right shoulder strain sprain, left shoulder strain sprain, right saeroiliitis, abrasion of right knee, exacerbation of chronic tendoultis in left shoulder, anxiety, fusion of both knees, fight lumbosaeral ridiculopathy, fight groin and strain to right inguinal ligament, aggravation of degenerative joint disease of cervical spine, aggravation of degenerative joint disease of lumbar spine, herniated disc in cervical spine, cervicai radiculitis, thoracic strain sprain, headaches, elbow pain, bilateral shoulder pain, herniated disc in lumbar spine, aggravation of rotator cuff injury. As a sole and proximate result of the fail, the Plaintiff has undergone significant pain and suffering in the past and will so in the future. As a result of the injuries sustained by the Plaintiff, the Plaintiffhas had to undergo medial care and treatment and will have to undergo medical care and treatment in the future. The total amount of treatment is unascertained at this time. As a result of the fall described herein, the Plaintiffhas had to modify her personal activities. The Plaintiff believes and therefore avers that this 2 15. 16. 17. modification will be permanent in nature. As a direct and proximate result of the fall, the Plaintiff has incurred certain medical expenses for treatment. In addition, the Plaintiff will in the future incur medical expenses, the total mount of which is unascertained at this time. As a result of the fall, the Plaintiffhas suffered a substantial inconvenience in her life and a decrease in the quality of her life. The Plaintiffbelieves and therefore avers that she will have permanent limitations in her physical activities as a result of the injuries sustained in this accident. WHEREFORE, the Plaintiff prays this Honorable Court enters a judgment against the Defendant in an amount of Thirty-Five Thousand Dollars ($35,000.00), an amount requiring Compulsory Arbitration. Respectfully submitted, t..., Joseph J. Dixon, Esquire Attorney ID 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Dated: June 12, 2003 3 VER___IFICATIO~{ I verify that the statements made in this are true and correct. ~2 understand that false statements herein are made subject to the penalty cf 18 Pa. C.S. ~4904, relating to unsworn falsification 'to authorities- CERTIFICATE OF SERVICE I, Joseph J. Dixon, Esquire, hereby certify that I served a true and correct copy of the foregoing document this day by depositing the same in the United States mail, first class, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed to: Margolis Edelstein Attention: Barry A. Kronthal, Esquire PO Box 932 Harrisburg, PA 17108-0932 A'ttomey ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff Date: June 12, 2003 BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal~margollsedelstein.com Attorneys for Defendant, Boscov's File#24200.4-00027 ELIZABETH J. MAGARO V BOSCOV'S DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO,. 03-1079 CIVIL ACTION LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To~ Elizabeth J. Magaro c/o Joseph Dixon, Esquire 126 State Street Harrisburg, PA 17101 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, BOSCOV'S DEPARTMENT STORE, within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, Date: MARG~~STEIN By: . ~~,, ) B~trr~. Kronthal ID No. 556;72 P.O. Box 932 Harrisburg, PA 17108-0932 717-975-8114 Attorney fox' Defendant Boscov's Department Store BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P. O. Box 932 Harrisburg, PA 17108-0932 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkront hal~margolisedelsteln.com Attorneys for Defendant, Boscov's File#24200.4-00027 ELIZABETH J. MAGARO V BOSCOV'S DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1079 CIVIL ACTION LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT. BOSCOV'S DEPARTMENT STORE, TO THE COMPLAINT OF PLAINTIFF. EI,1ZS, BETH MAGARO AND NOW, comes Defendant, Boscov's Department Store, by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the Complaint of Plaintiff, Elizabeth J. Magaro ("Plaintiff"), averring the following in support thereof. AN__~S_WER 1. Denied. After reasonable investigation, B ' ' ' oscov s ts wtthout knowledge or information sufficient to form a belief as to the truth of the averments of this Paragraph and they are, therefore, denied. 2. Admitted. 3. Denied. 4. Denied. 5. Denied. 6. Denied. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Denied. 16. Denied. 17. Denied. WHEREFORE, Defendant, Boscov's Department Store, demands judgment in their favor and against Plaintiff, Elizabeth J. Magaro, with costs assessed to Plaintiff. NE 18. The answers contained in Paragraphs 1 through 17 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 19. Plaintiff has failed to establish a dangerous and/or defective condition and/or that Boscov's knew, had notice of, or should have known or had notice of any said condition. 20. Plaintiff's claims, if any, are barred by her failure to plead a dangerous condition. 21. Plaintiff's claims, if any, are barred by the applicable statute of limitations. 22. Plaintiff's claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 23. Plaintiff has failed to state a claim upon which relief can be granted. 24. Plaintiff's claims, if any, are barred by her failure to mitigate her damages. 25. Plaintiff's injuries and/or damages, if any, were proximately and directly caused by the negligent, careless and/or reckless conduct of persons and/or entities over whom Boscov's had no control and for whom Boscov's is not legally or otherwise responsible. 26. Plaintiff's claims, if any, are barred and/or limited by any pre-existing medical condition or condition suffered by Plaintiff. 27. At all times relevant hereto, Boscov's acted with due care and caution under the circumstances then existing. WHEREFORE, Defendant, Boscov's Department Store, demands judgment in their favor and against Plaintiff, Elizabeth J. Magaro, with costs assessed to Plaintiff. Date: MARGOLIS E~LSTEIN Barr~A.~-h-onthal I.D. No. 55672 P.O. Box 932 Harrisburg, PA 17108-0932 (717) 975-8114 Attorney for Defendant VERIFICATION I Jack Roach, Jr., hereby verify that I am the Vice Presidentt., Director of Risk Management for Boscov's Department Store, LLC., defendant in this action, and as such I am authorized to make this verification on its behalf; and that the facts set forth in the foregoing Answer with New Matter pursuant to PA. R.C.P. 2252(d) of Defendant Boscov's Department Store, LLC to Plaintift's Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Answer is that of counsel and not of the undersigned. The undersigned verifies that he has read the attached Pleading and that it is true and correct to the best of his information and belief to the extentt that the contents of the Answers are that of counsel and the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: Boscov's Dep~rtraedt Store, LLC. ~ice pHr'esRi~Cnht,' JD;ector of R~'s~k Management CERTIFICATE OF SERVICE. I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer with New Matter on all counsel of record by placing the same in the Unite~ States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the l0 day of?~~2003, and{/ addressed as follows: Joseph Dixon, Esquire 126 State Street Harrisburg, PA 17101 MARGOLIS E~DELSTEIN Carol Moose D:\I Travelers\24200.4-00027~Pleadings~Answer with New Matter.7-8-03.wpd ELIZABETH J. MAGARO, Plaintiff VS. BOSCOV'S DEPARTMENT STORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1079 CIVIL CIVIL ACTION - LAW PRAECIPE TO SETTLE, DISCONTINUE AND END Please mark the above-captioned case settled, discontinued and ended. Respectfully submitted, Date: !/,/ By: ~J"6seph J. Dixon, Esqmr~ Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff ELIZABETH J. MAGARO, Plaintiff VS. BOSCOV'S DEPARTMENT STORE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1079 CIVIL CIVIL ACTION - LAW AMENDED PRAECIPE TO SETTLE, DISCONTINUE AND END Please mark the above-captioned case settled, discontinued and ended with prejudice. Respectfully submitted, Date: By: Joseph J. Dixon, Esquire Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff