HomeMy WebLinkAbout01-2586 FX
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Created: 09/06100 05:13:06 PM
Revised: Q4/27fOI03:17:.28PM
8665.4
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 07.sr~6 tiu:J
MARY SHEARER,
v.
THE GOLDEN M COMPANY, t/d/b/a
McDONALD'S RESTAURANT
Defendant
CIVIL ACTION - LAW
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 LA WYERAT 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- ;)5n. u-G-R <{~
MARY SHEARER,
Plaintiff
THE GOLDEN M COMPANY, t/d/b/a
McDONALD' S. RESTAURANT
Defendant
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff Mary Shearer by and through her attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and aver the following:
1. Plaintiff Mary Shearer resides at 930 North College Street, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Defendant, The Golden M Company, a franchisee of McDonald's, has a place of
business at 905 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Murray Levine is franchise owner.
4. On or about October 12, 1999, Plaintiff purchased a cheeseburger at The Golden M
Company's Walnut Bottom Road location.
S. The cheeseburger Plaintiff purchased contained a hard obj ect.
6. While eating the cheeseburger, Plaintiffbit down on the hard object and fractured her
tooth.
7. As a result frorn biting down on the hard object, Plaintiff's tooth was extracted.
COUNT I
Negligence
8. Paragraphs 1 through 7 above are incorporated herein by reference.
9. Plaintiffs injuries, as alleged herein, were a direct and proximate result of the
negligence of The Golden M Company as set forth through paragraphs 11 through 13 below.
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10. As a direct and proximate result of the negligence of The Golden M Company, as set
forth through paragraphs 11 through 13 below, Defendant The Golden M Company is liable to
Plaintiff for the injuries alleged herein.
11. The Golden M Company prepared and served the cheeseburger involved in the
aforesaid incident.
12. The Golden M Company prepared and served the cheeseburger involved in the
aforesaid incident in such a fashion that it contained a hard object.
13. The Golden M Company failed to inspect the cheeseburger involved in the aforesaid
incident to determine whether it was safe for human consumption.
14. Plaintiff was a foreseeable consumer of the cheeseburger.
15. As a direct and proximate result of the aforesaid injury, Plaintiff incurred medical
expenses.
16. As a direct and proximate result of the aforesaid injury, Plaintiffhas undergone great
mental and physical pain and suffering, great inconvenience, and a loss of life's pleasures and
enjoyment, and a claim is made therefore.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount less than
$25,000 which is within the amount requiring compulsory arbitration.
COUNT II
Products Liability - 402(A)
17. Paragraphs 1 through 7 and Count I of this Complaint are incorporated herein by
reference.
18. Defendant The Golden M Company is strictly liable to Plaintiff under the
Restatement (Second) of Torts, S 402(A), by serving a defective product.
19. The Golden M Cornpany cheeseburger involved in the aforesaid incident contained
preparation defects as set forth in paragraphs 11 through 13 of Count I, which are incorporated
herein by reference.
20. The Golden M Company cheeseburger involved in the aforesaid incident was
defective because it contained a hard object.
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21. As a direct and proximate result of the defective nature of the cheeseburger as set
forth above, Plaintiff suffered serious injury including, but not limited to, the extraction of a tooth.
22. As a direct and proximate result of her injuries, Plaintiff has incurred medical
expenses, and a claim is made therefore.
23. As a direct and proximate resuJt of her injuries, Plaintiffhas undergone great mental
and physical pain and suffering, great inconvenience, and a loss oflife's pleasures and enjoyment,
and a claim is made therefore.
24. Defendant is strictly liable for damages caused by the defective product.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount less than
$25,000 which is within the amount requiring compulsory arbitration.
Respectfully submitted,
MARTSONDEARDORFF WILLIAMS & OTTO
By
George . Faller, JI.
Attorney .D. # 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: ~ }yO I :200 \
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties. ~ ~
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Mary Shearer
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, t/ d/b / a
McDONALD'S RESTAURANT,
Defendant. CIVIL ACTION-LAW
PRAECIPE FOR APPEARANCE
FILED ON BEHALF OF:
DEFENDANT, THE GOLDEN M.
COMPANY t/d/b/a McDONALD'S
RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY:
LINDA L. PRETZ, ESQUIRE
PAID #30335
A JURY TRIAL IS DEMANDED.
BASHLINE & HUTTON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm ID #150
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO.2001-2586 -CML
THE GOLDEN M. COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant.
CIVIL ACTION-LAW
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Bashline & Hutton and Linda L. Pretz, Esquire as
counsel for defendant, THE GOLDEN M COMPANY, t/d/b/a McDONALD'S
RESTAURANT, in the above-captioned matter.
Respectfully submitted,
BASHLINE & HUTTON
By:
L da L. Pretz, E uire
Attorney for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the within was forwarded to all counsel of
record via U.S. Mail, postage prepaid on the $y of II? 4-( .2001, as follows:
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, PA 17013-3093
Linda 1. Pretz, Esquir .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02586 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHEARER MARY
VS
GOLDEN M COMPANY THE ET AL
RICHARD E. SMITH
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GOLDEN M COMPANY THE T/D/B/A MCDONALDS RESTAURANT
the
DEFENDANT
, at 1655:00 HOURS, on the 4th day of May
, 2001
at 905 WALNUT BOTTOM ROAD
CARLISLE, PA 17013
by handing to
SUE HAMMAKER MANAGER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.10
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10.00
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31.10
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R. Thomas Kline
05/07/2001
MARTSON DEARDORFF
Sworn and Subscribed to before By:
me this :2311AL. day of
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, tl d/b I a
McDONALD'S RESTAURANT,
Defendant. CIVIL ACTION-LAW
AMENDED PRAECIPE FOR
APPEARANCE
FILED ON BEHALF OF:
DEFENDANT, KENMAR ENTERPRISES,
INC., t/d/b/a McDONALDS
RESTAURANT, incorrectly designated as
THE GOLDEN M. COMPANY t/d/b/a
McDONALD'S RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY :
LINDA 1. PRETZ, ESQUIRE
PAID #30335
BASHLINE & HUTTON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm 10 #150
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, t/ d/b / a
McDONALD'S RESTAURANT,
Defendant.
CIVIL ACTION-LAW
AMENDED PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Bashline & Hutton and Linda L. Pretz, Esquire as
counsel for defendant, Defendant KENMAR ENTERPRISEfi INC t/d/b/a
McDONALDS RESTAURAN~ incorrectly designated as THE GOLDEN M
COMPANY t/d/b/a McDONALD'S RESTAURAN~ in the above-captioned matter.
Respectfully submitted,
BASHLINE & HUTTON
By:
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Linda L. Pretz, squire
Attorney for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the within was forwarded to all counsel of
record via U.S. Mail, postage prepaid on the ;L..1i~y of f/Itv.;r ,2001, as follows:
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, P A 17013-3093
Linda 1. Pretz, Es
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MARY SHEARER,
Plaintiffs,
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant. CIVIL ACTION-LAW
To The Within: Plaintiff
You are hereby required to plead to the
within New Matter within twenty days
from the date of service thereof or default
judgment may be entered against you.
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Linda 1. Pretz, sq.
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ANSWER AND NEW MAITER
FILED ON BEHALF OF:
DEFENDANT, KENMAR ENTERPRISES,
INC., t/d/b/a McDONALDS
RESTAURANT, incorrectly designated as
THE GOLDEN M. COMPANY t/d/b/a
McDONALD'S RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY:
LINDA 1. PRETZ, ESQUIRE
PAID #30335
BASHLINE & HUITON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm ID #150
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant.
CIVIL ACTION-LAW
ANSWER AND NEW MATTER
AND now, comes the Defendant, KENMAR ENTERPRISES, INC t/d/b/a
McDONALD'S RESTAURANT; INC incorrectly designated as THE GOLDEN M
COMPANY t/d/b/a McDONALD'S RESTAURANT; by and through its attorneys,
Bashline & Hutton and Linda 1. Pretz, Esquire, and sets forth the following Answer
and New Matter to Plaintiff's Complaint:
1. The averments set forth in Plaintiff's Complaint insofar as it is necessary to
make an Answer thereto are generally and specifically denied. It is specifically denied
that the Golden M. Company was a franchisee of McDonald's and operated the subject
business at 905 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania at the
time of the subject accident. To the contrary, the correct owner and entity is Kenmar
Enterprises, Inc., (hereinafter "McDonald's"). It is further denied that Murray Levine
is the franchise owner, to the contrary, Kenneth Levine is the franchise owner of
Kenmar Enterprises, Inc. Further, McDonald's specifically denies that any food product
produced, sold, distributed and/or supplied by it was in a defective condition or unsafe
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for consumption. It is specifically denied that McDonald's, its agents, employees
and/ or servants were negligent in any respect and denied that any acts or omissions of
it, its agents, employees and/or servants were the proximate cause of any injuries or
damages complained of by the Plaintiff herein.
WHEREFORE, McDonald's demands that judgment be entered in its favor with
cost in its behalf sustained.
NEW MATTER
2. Plaintiff has failed to state a cause of action against McDonald's upon which
relief can be granted.
3. The Plaintiff's injuries and damages were the direct and proximate result of
the carelessness, recklessness and negligence of the Plaintiff, and any award or verdict
is barred or must be reduced proportionately by reason of the Pennsylvania
Comparative Negligence Act.
4. The subject cheeseburger was changed, altered and/ or modified by others
who are solely responsible for the Pla~tiff's injuries and damages.
5. If I is established that the subject cheeseburger was defective or unfit for
consumption or that McDonald's was negligent, all of which have been specifically
denied, it is averred that the superseding, intervening conduct of other persons or
entities, for whom McDonald's is not liable, intervened between the alleged acts or
omissions of McDonald's and the incident of which complaint is made.
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WHEREFORE, McDonald's demands that judgment be entered in its favor with
cost in its behalf sustained.
Respectfully submitted,
BASHLlNE & HUTTON
By:
Linda L. Pretz, Es u. e
Attorney for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the within was forwarded to all counsel of
record via U.S. Mail, postage prepaid on the ~ay Of~'2001' as follows:
George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, P A 17013-3093
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Linda 1. Pretz, EsqUi;:3
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VERIFICATION
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1, KENNETH LEVINE, 'U~~ of KENMAR ENTERPRISES, INC.,
tl dlbl a McDONALD'S RESTAURANT, have read the ANSWER AND NEW MATTER.
The statements contained therein are true and correct to the best of my personal
knowledge, information and belief.
This statement and verification is made subject to the penalties of 18 Pa. C.S.
94904, relating to unsworn fabrication to authorities, which provides that if I make
knowingly false averments, I may be subject to criminal penalties.
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001- 2586 - CIVIL
THE GOLDEN M. COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant. CIVIL ACTION-LAW
NOTICE OF DEPOSITION OF
PLAINTIFF
FILED ON BEHALF OF:
DEFENDANT, KENMAR ENTERPRISES,
INC., t/d/b/a McDONALDS
RESTAURANT, incorrectly designated as
THE GOLDEN M. COMPANY t/d/b/a
McDONALD'S RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY:
LINDA 1. PRETZ, ESQUIRE
PAID #30335
BASHLINE & HUTTON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm ID #150
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NOTICE OF DEPOSITION
TO: George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, P A 17013-3093
TAKE NOTICE that the deposition of MARY SHEARER, will be taken for
the purpose of discovery pursuant to Rule 4007 et seq. of the Pennsylvania Rules of
Civil Procedure, as amended, before a Notary Public duly authorized by law to
administer oath, on JULY 20, 2001 at 1:00 o'clock P.M. at the offices of George B. Faller,
Jr., Esquire, Ten East High Street, Carlisle, PA 17013-3093, at which time and place you
are invited to appear and take part as shall be fitting and proper.
BASHLINE & HUTTON
By:
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Linda 1. Pretz, Esqmre
Attorney for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the within was forwarded to all counsel of
record via U.s. Mail, postage prepaid on the fi! day of ~'2001' as follows:
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Ten East High Street
Carlisle, P A 17013-3093
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
MARY SHEARER,
vs.
NO. 2001- 2586 - CIVIL
THE GOLDEN M. COMPANY, t/ d/b / a
McDONALD'S RESTAURANT,
Defendant. CIVIL ACTION-LAW
NOTICE OF DEPOSmON OF
RAYMOND SHEARER
FILED ON BEHALF OF:
DEFENDANT, KENMAR ENTERPRISES,
INc., t/d/b/a McDONALDS
RESTAURANT, incorrectly designated as
THE GOLDEN M. COMPANY t/d/b/a
McDONALD'S RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY:
LINDA 1. PRETZ, ESQUIRE
PAID #30335
BASHLINE & HUTTON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm ID #150
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NOTICE OF DEPOSITION
TO: George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, P A 17013-3093
TAKE NOTICE that the deposition of RAYMOND SHEARER, will be
taken for the purpose of discovery pursuant to Rule 4007 et seq. of the Pennsylvania
Rules of Civil Procedure, as amended, before a Notary Public duly authorized by law to
administer oath, on JULY 20, 2001 at 2:00 o'clock P.M. at the offices of George B. Faller,
Jr., Esquire, Ten East High Street, Carlisle, PA 17013-3093, at which time and place you
are invited to appear and take part as shall be fitting and proper.
BASHLINE & HUTTON
By:
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Linda 1. Pretz, squire
Attorney for Defendant
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George B. Faller, Jr., Esquire
Ten East High Street
Carlisle, P A 17013-3093
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F:\FILES\DATAFlLE\Gendoc,cur\86654res,lInlm
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Revised 06/12/0111:28:20 AM
8665.4 '
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY SHEARER,
v.
NO. 2001-2586
THE GOLDEN M COMPANY, t/d/b/a
McDONALD'S RESTAURANT
Defendant
CIVIL ACTION - LAW
PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER
2-5. Denied pursuant to Pa. R.C.P. 1029(e).
MARTSON DEARDORFF WILLIAMS & OTTO
By
George B. Faller, Jr., Esq
LD. Number 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: June 18, 2001
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CERTIFICATE OF SERVICE
I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby
certify that a copy ofthe foregoing Plaintiff s Response to Defendant's New Matter was served this
date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid,
addressed as follows:
Linda L. Pretz, Esquire
BASHLINE & HUTTON
Suite 1650
One PPG Place
Pittsburgh, PA 15222
MARTS ON DEARDORFF WILLIAMS & OTTO
By,-ACfu-Q ~ ~11?9-
Nichole L. Myers
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: June 18,2001
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Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
MARY SHEARER,
vs.
NO. 2001 - 2586 - CIVIL
THE GOLDEN M. COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant.
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, to wit, this ~ay of ~, 2001, upon consideration
of the Stipulation to Amend Caption of the above-captioned matter. it is hereby
ORDERED, ADJUDGED and DECREED that the caption of this matter shall be changed
to reflect the caption as follows: Mary Shearer., Plaintiff v. Kenmar Enterprises, Inc"
t/d/b/a McDonald's Restaurant Defendant.
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MARY SHEARER,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiffs,
vs.
NO, 2001 - 2586 - CIVIL
THE GOLDEN M, COMPANY, t/d/b/a
McDONALD'S RESTAURANT,
Defendant. CNIL ACTION-LAW
STIPULATION OF COUNSEL TO
AMEND CAPTION
FILED ON BEHALF OF:
DEFENDANT, KENMAR ENTERPRISES,
INC., t/ d/b / a McDONALDS
RESTAURANT, incorrectly designated as
THE GOLDEN M, COMPANY t/d/b/a
McDONALD'S RESTAURANT
COUNSEL OF RECORD FOR THIS
PARTY:
LINDA L PRETZ, ESQUIRE
PAID #30335
BASHLINE & HUTTON
1650 One PPG Place
Pittsburgh, P A 15222
(412) 391-7005
Attorney's Firm ID #150
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STIPULATION OF COUNSEL TO AMEND CAPTION
AND NOW, come the parties to this action by and through their attorneys,
George B. Faller, Jr" Esquire, attorney for Plaintiff, and Linda L Pretz, Esquire,
attorney for Defendant, and stipulate to amend the caption of the above-captioned
matter as follows:
Mary S.hearer, PJai'!tiff
v.
Kenmar Enterprises, Inc., t/d/b/a McDonald's Restaurant, Defendant
Linda L. Pretz, Es re
Attorney for Defendant
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F:\FILES\DATAFILE\Gemioc,cur\B6654-pra.l/m3h
Created:, 09/06/00 05:13:05 PM
Revised: 09128/0101:bo:2~PM
8665.4
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARY SHEARER,
v.
NO. 2001-2586
THE GOLDEN M COMPANY, t/dIb/a
McDONALD'S RESTAURANT
Defendant
CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned case settled and discontinued and issue a certificate
reflecting same.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By
Ge . Faller, Jr., Esquire
Attorney J.D. # 49813
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Mary Shearer
Date: September 28,2001
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CERTIFICATE OF SERVICE
I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Linda 1. Pretz, Esquire
BASHLINE & HUTTON
Suite 1650
One PPG Place
Pittsburgh, P A 15222
MARTSON DEARDORFF WILLIAMS & OTTO
BY~ld~O <<w
Melind A. Hall
Ten East High Street
Carlisle, P A 17013
(717) 243-334l
Dated: September 28,2001
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