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Home My WebLink About01-2839 FX ,.^ '." ,"~ _.0"' "__ , ~ ... FRANCES I. HAIR and STEPHEN A. HAIR, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW WEIS MARKETS, INCORPORATED, DEFENDANT NO. 0/- ;U39 ~ J-t.A-- PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, Weis Markets, Incorporated, and enter my appearance on behalf of the plaintiffs, Frances I. Hair and Stephen A. Hair, Please direct the Sheriff to serve the defendant as follows: Weis Markets, IDcorporated 1000 South Second Street p, 0, Box 471 Sunbury, PA 17807 Respectfully submitted, By: Date: May 10, 2001 Marcus it MeKnight, squire 60 WestPomfret Street, Carlisle, PA 17013 (717) 249-2353 - Supreme CourtI.D, No: 25476 To: WEIS MARKETS, INCORPORATED You are hereby notified that Frances I. Hair and Stephen A. Hair, plaintiffs, have commenced against you which you are required to defend or a default judgment may be enter agains u. By: Date: ~1 I () DEPUTY .2001 " - ""'~!,~P"-~,.,.,,~,,,~~-, __", ',~' ~_ ';""':-;<".'1 "'",_,, -_""3"0 _ _,., ,'iF " h<1" '0 ___' _~ , - ,..,~.;I .,,' <"__j - -- '~'_ ~. ^ ., --, """~ . , ,_ '0"_"." ,.'~- r~ , k ~l..1 :::'-.0 1': (' <::; t' g; ~=~-, ~='-"'-~--"'],'-" _ f ,,,~,C.-- _"," c.',"'"-,._ .. - ,~ '"i- 'IT - ilUJ 11" _='nmlrtW]~rtiJl ':~'>. ""::i Yf"Y~- ,.,,", 1.1~t~<~i:-~fi1; {Pi' ::'\~~'i;--~"?:'~r"'~~J'1lilTt(J"'ill"~-'tit h'f: f~:tvt'i'i;Hf 0 C:-:.' c: ,.> ;-.,-~ T' -0 -". -~ G:..~,' ::;~ '- rn r',"! -? --- .. <- ;:r: . 3 z r- (./)>.- ; ~~,,: c~' ,', , <'~1 0 ''''" ::0. ;i! ZC) :--) --.n .~ u >e t;? C:J :-Tl / Z 5;: ~ ,- r" :0 -< ;;fJ ~ .. ~ .c .!;, ~ '" C> ~ 'i v, c' 0 ~ r ""."'"_'_~~'___""~~~_''''' ,~~.l;!\'l'~~~~~_<m:fi~,__'_..'n,~J ""'-~-~~~'~~~-,~"'7"- P:.I~i!":.D ~ ' -~.- =~~ A THOMAS, THOMAS & HAFER, LLP Kevin C, McNamara, Esquire Identification Number: 72668 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2839 FRANCES I. HAIR and STEPHEN A. HAIR, v, CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD TO: Plaintiffs and Counsel: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: i (-/Vl 'Yl~ Kevin C, McNamara, Esquire 1,0.#72668 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: 1/r /01 f-;O-;-, ,-., """,,,"y~,~,.; ~-" t;.-'" 'C_'> ',._'"0 "-"!--'~,-'"I~,T',o",-",-" .;.,. ,.. '.'__c_,.J'''.'', ~,-o"_., _., _'1_, '."' .,. --,- - ~--~ "",- ""'~ - .. THOMAS, THOMAS & HAFER, LLP Kevin C, McNamara, Esquire Identification Number: 72668 305 North Front Street P,Q, Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-2839 FRANCES I. HAIR and STEPHEN A. HAIR, v, CIVIL ACTION - LAW WEIS MARKETS, INC" JURY TRIAL DEMANDED Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1, Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded, 2, Admitted, 3, It is admitted the Plaintiff was in the Defendant's store on the date alleged, The Plaintiff's purpose for being there is unknown to Defendant. 4, Denied, It is admitted that the Plaintiff reported falling near the meat case, Exactly how and why she fell and what injuries, if any, she sustained are unknown to Defendant. 5, Denied, It is denied that the floor contained "significant moisture" or that said moisture had been there for any significant period of time, It is denied that the floor in the area where the Plaintiff reported falling was in the process of being mopped, although there was a '-Jit ,__ ,,-,"'~_ ,-""-".', '--" ",." -,<;< "',~_,,<I_,"~e, - ..'~__- ','",,=,,-,:,-__ ,_ _ 1,_" ",Y,' .r', ' ,~ ~,_ -~,,_ c _ ,~ _ _ n,_ "" ,~" _ _ " .. " ~,,",,~ store employee mopping the floor some distance away, Wet floor signage was in place in the area where the employee was mopping the floor, 6, Admitted with qualification. Weis Markets owns the property at the alleged location and operates a grocery store there. 7, Admitted in part with qualification and denied in part, The building at the alleged location was constructed for Weis Markets' use as a grocery store and the store is used by a large number of customers, It is denied that Weis Markets failed in any manner to use appropriate flooring for its store, To the contrary, the flooring in the East High Street location is appropriate for its intended use, It is further denied that Weis Markets knew or should have known of any particular problem with this store or its flooring or that Weis Markets did or did not do anything which exposed its customers to a high degree of risk, 8, Denied pursuant to Pa,R.C,P, 1029(e), 9, Denied pursuant to Pa,R.C,P, 1029(e), 10. Denied. These allegations represent conclusions of law to which no response is required, By way of further answer, it is admitted that many customers frequent the Defendant's grocery store and it is possible for moisture to get on the floor. 11, Denied, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded, 12, Denied, These allegations represent conclusions of law to which no response is required, 13(a)-(g), It is denied that the Defendant was negligent or breached any duty to the Plaintiff in any of the ways set forth in this paragraph or its subparts, 2 ,,~,,~ , - ,"<" ,__,n._ ',-,_ .-c:; F_'~,',-''('",'_'''I,''''"C,."",,~ ,,-~,__, .>~~_. , ,,"' ',"~, ft" . . .-~ . 14, No response required, however, the Defendant denies that it is responsible for any of the Plaintiff's medical expenses, 15. No response required, however, the Defendant denies that it is responsible for any of the Plaintiff's alleged injuries or damages, 16, Denied, It is denied that the Defendant is in any way responsible for injuries or damages to either of the Plaintiffs on any theory of recovery, As to the allegation of marriage, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and proof thereof is demanded, WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to it. NEW MATTER 17, The condition of the Defendant's premises on the date and at the time of the Plaintiff's alleged incident was open and obvious and, therefore, the Defendant owed the Plaintiff no duty, 18, All of the Plaintiff's alleged injuries and/or damages were or may have been pre- existing and were not caused by the alleged incident set forth in the Complaint. 19, At the time of the incident set forth in Plaintiffs' Complaint, Mrs, Hair was already off from work due to a pre-existing back condition which prohibited her from working at that time, 20. No conduct on the part of the Defendant or any of its agents, servants or employees was a substantial factor in bringing about the injuries and/or damages alleged, 21, The Plaintiffs have or may have failed to mitigate their losses. 3 '''AI"'''" _ ~'.~ "( ~~/' . --~"<."",_",,, "I '___' o _~.___~__ _ .,_" _~_ _' ,,_ .. ". ,__ ___ _.. ___n. _" ~ 22, The Defendant had no knowledge or notice of the alleged moisture on the floor and, therefore, the Defendant is not legally responsible for the injuries and damages set forth in Plaintiffs' Complaint. WHEREFORE, Defendant respectfully requests that Plaintiffs' Complaint be dismissed without cost to it. Respectfully submitted, DATE: q,j/ltJ/ THOMAS, THOMAS & HAFER, LLP By: Le, 1/V1Y7~ Kevin C, McNamara, Esquire 1.0,#72668 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant 4 -'fl- , - ~,;,<"",_;,,,-rytr,,;=_> "'..,- _ ",,'_ _; _-__^',_~, -"11'''-0':'' ,c;_~_ __ >,,'_"~_ " I' '10' ,'~~ ----~ ", '. VERIFICATION ~ M:'t S~~tate that I am an authorized representative of WEIS MARKETS, INC" that I make this Verification on behalf of Defendant WEIS MARKETS, INC" and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa,C,S, ~ 4904 relating to unswom falsification to authorities, WEIS MARKETS, INC. :>?:>-'< ~ DATE: :1571,1 I , ! ':~-;",- , -".,,, ---'A'<''''-!f_1_;'':~~-T:_'-:;-':':'__~~-c'---,,_:~_-I~'_' je - ,-~"-- 'r' ,~n.___, ,;r - -1'- """" ~, ,'_' ~__ -- , ".'" ,. - ,,- -~ ,,, ~ <__n_..._.. ~, , '.';.0- ,,_.,_~__ ~,.'> CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the J- ,yday of fMd vIb r , 2001: Marcus A. McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: iC'-t/Vly)~ Kevin C, McNamara, Esquire :136866,1 5 '_t;, ~_ '<'--'~-',5c'C'_ ~_ -. ----,~ ,".'~ n_o', =""'.:1'-0,_., '~_",,,-_' "'" ","",. --",--,. . -. ~- --~. ,," " ~-. . ",1 -,,-~ - ",.. .~ .,", '.-, ~ '- .- l .' ~, ,'''!"_---' ,. !IlI",,~_, ,- ~.i" "~ ',-!<C. ,,-':,;:;-'_,'" "'. '''''"1','IIllJ'li'IU''I'''m )r"'r'r"~1? , ' (') C:) () C -n ;,-? ",. .... ! vc-3 ',- ~~~j '.:n f"":: I ~:~ ,7' Z , U (f) }:::: (",J -'~:,~ (~) ~: ~ 1_.- -\'J i~2 c; '"t.''' Z C :,:-"'~rn :P , t;;) C u Z ::> ~ =< :n (X') -< _~-l:\ft&ll/il'.._ - "~~!!1"'V~'~~'~~~l1l!!p'~ J,.~~~~~, ..,.jl.,~~~ 'rr' "'d ,.... > - THOMAS, THOMAS & HAFER, LLP Kevin C, McNamara, Esquire Identification Number: 72668 305 North Front Street P,Q, Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2839 FRANCES I. HAIR and STEPHEN A, HAIR, v, CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendant in the above matter, Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I ~ C ~ ~/1 By: K..::- V'VJ, r ,~ Kevin C, McNamara, Esquire I.D.#72668 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: to!t/Of --~-;_, 1,_, \';.'-'i'!';",--" ",.,__"!:>,,."._ ~"'_'" - ,-_-~,,"-,,~., _"_~"_I'_, -'S ,,\' .'" " .':"-' "~'" "e',T,'_ _ ,""~"_ ,- 1- ..'I" . .- ,=- - . -=,"' . -" - =. -",,",",'''''~",,- -, '.,- . -- ~,. , -" " CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the ~'~y of ~ , 2001: Marcus A. McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP By: (LC~mJ1~ Kevin C, McNamara, Esquire :133749,1 ~;Ilf!",^", - ----~,'r~,-_~"""r,,',":-yc,._ -,-,' '_,'~_'__"'_,,'~_o __.<J'~_:_~'",,'~"'" ,,,_,^,"_'_,'=,,__ ,,_~_~ .>._._,,'" ".~ ,,,, w,__, ;;\,' - "" ~ , - ~- . '". -, ,~ . , oW"", - -~ - "," ~~':' I' '" ~, ," "'~h'r(ll'L(nTTHi """Iii ',,"'liilmnnm\ll'!Ililfl '- . C) a ~~ c :;;:: S -nO) t.'pLD - ,:::;0 .t- ...i., i-" ~5:: L~ .','-, ~ C.1 .--\;,-, "---r:1 ~:2~~ ?2:c -"" -=--:t-) :;,,) Ejnl :Pc: '.. 13 z :.n :::! (X) =< " ~~~uu~ """",l!If~~~!l"I~'iH!!;w!!;~MN~ ",-.~)~~~,~ ." '0 '~-'" ,-, " - THOMAS, THOMAS & HAFER, LLP Kevin C, McNamara, Esquire Identification Number: 72668 305 North Front Street P,Q, Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant FRANCES I. HAIR and STEPHEN A. HAIR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO, 01-2839 CIVIL ACTION - LAW v, WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant RULE TO FILE A COMPLAINT TO: Plaintiffs and Plaintiffs' counsel: You are hereby ruled to file a Complaint against Defendant within twenty (20) days of service of this Rule or a judgment of non pros will be entered against Plaintiff pursuant to Pa,R.C,P, 1037(a), Prothonotary Ju....UE- /1,;)Od I DATE: -,~~~~ ft"" -, ,~rp-",,_~ -" _ _ =__! ,_0:___ ,-". -- ", --1'--, -'/-', ~., '-'--' .~, . '" . 1--- -"''1''-'" ._" _,- F ',""~ '" .~. ~__,_n_ ' - THOMAS, THOMAS & HAFER, LLP Kevin C, McNamara, Esquire Identification Number: 72668 305 North Front Street P,Q, Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendant Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-2839 FRANCES I. HAIR and STEPHEN A. HAIR, v, CIVIL ACTION - LAW WEIS MARKETS, INC., JURY TRIAL DEMANDED Defendant PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on Plaintiffs to file a Complaint in the above case within twenty (20) days of service of said Rule, or suffer a judgment of non pros pursuant to Pa,R.C,P, 1037(a), Respectfully submitted, THOiZ. T~' HAFER, UP By:' C Wl~4 Kevin C. McNamara, Esquire I.D,#72668 305 North Front Street P.O, Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendant DATE: (P/7/o/ <,-1:L-_c -'d.~,,,.'- 'h d-.,-_.",,:,"'__ ,~, '" ',-,':'<<''','1''_ ""~',O-"''- ,:",_.-7.."""_,_,,-:...,, "'''',-' "^_he' ;>-" . ,- . .~ , ",' <c, " __, _~,. ,~., " <." - CERTIFICATE OF SERVICE I, Kevin C, McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE A COMPLAINT and RULE TO FILE A COMPLAINT on the following person by placing same in the United States mail, postage prepaid, on the $~ay of ~ , 2001: Marcus A, McKnight, III, Esquire IRWIN, MCKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP ~C)1171~ Kevin C, McNamara, Esquire By: :133750,1 '(i'li"," ' "C___ ,,,c,,u~,,,,< ,_,,,,",<',",,_ ,,^_r.~,."" ,__,_~,,+,,~,_,~, ,'-,;-,,-"'c'__">'_-_,_,__>' --,_, ,'-I,,_e~_,,^.'_ '_I __ _ ~'-"", ___~_.'" _',~O_'"_' '"_, ." ., <'--_" , --~ __._~_____~-----'--c~_' ~ 'C'+",.. ", T _<"_ "._IlIr, ! T ." I 1II'l!!-"J'?" v,-.- ","'~" ",". .~. "", '111'" '1iII'lif'Hiln ~11i!~n]'r 1'''' ~ilr Tf - l7~ () c:> 0 C "1") <: ~ -oC' e -.-- lTl!'T; ;Z f->~~ Z::r: , Z'" --,ITl (i):~ -~~ -<."-:- <G' =:~ ~t; "'"-_---r-l ~:-,2(-S >c: N f::-jiT: 2: ""'; '-'1 ::r"" ::<! ::0- OJ -< CB~i111.'$!%W!ij~\'IWI~~~"7"31~"il'.~~~~~~~T.,,,_~n-,~!, .. ..,.,. ; ....... SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-02839 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HAIR FRANCES I ET AL VS WEIS MARKETS INC 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: WEIS MARKETS INCORPORATED but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of NORTHUMBERLAND County, Pennsylvania, to serve the within WRIT OF SUMMONS 14th , 2001 , this office was in receipt of the On June attached return from NORTHUMBERLAND Sheriff's Costs: Docketing Out of County Surcharge Dep Northumberland 18.00 9.00 10.00 28.62 .00 65,62 06/14/2001 IRWIN MCKNIGHT so~s' ,// ----- .-- ----- ,'..---.... - ~/-'" R, homas Kline~ Sheriff of Cumberland County & HUGHES Sworn and subscribed to before me this .J.r,./!1 day of ~ :J.-iHJ/ A,D, , /'-"".-..... L 1-7-' {2 ~)1'fdf.,- I(~ prothonota y "~'''' ' .- ~'-. "'." ., - ~ , '" f - , 'PLAINTIFF: P: 1 HAIR, FRANCES I. & HAIR, STEPHEN A. CASE #: 01 NO 2839 CTY FILED: CUMBERLAND FILE DATE: 01/05/10 DATE RECEIVED: 01/05/29 ASSIGNED TO: 1 DEF LAW FIRM: CUMBERLAND EXPIRES: 2001/06/09 VS: DEFENDANT: WEIS MARKETS, INCORPORATED D: 1000 S. SECOND STREET D: SUNBURY, PA 17801 D: D: SHERIFF'S RETURN I HEREBY CERTIFY AND RETURN I SERVED: WEIS MARKETS INCORPORATED BY HANDING A TRUE AND ATTESTED COpy OF THE WITHIN: PRAECIPE & WRIT CAPACITY: CORPORATE COUNSEL .. .............. .,".~'..UNI..' PROTHONOTARY .)/1& 99=, :Exp. 1st Mon, Jll;)1. 200. PERSON SERVED: JOHN FENSLER DATE SERVED: 2001/05/30 TIME: 11:00 AM PLACE SERVED: 1000 S, SECOND ST., SUNBURY, PA 17801 COUNTY OF NORTHUMBERLAND AND CONTENTS THEREOF. STATE OF PENNA" MAKING KNOWN UNTO : HIM SO ANSWERS: CHARLES S. BERKOSKI, SHERIFF BY DEPUTY: PIDCOE, DWAYNE BY: THE .'<,"'l\'!-~ ,~ I" :' ~s,~ , " ~~~W ~<3.(,,:t p~, D~- 3J7 ~'-- " i - J .. In The Court of Common Pleas of Cumberland County, Pennsylvania Francis 1. Hair, vB. al. Weis Markets Tnc. No. 01-2839 Civil Now, 5/16/01 ,20_, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of _, .!'orthumberland County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. . . ,~M:-"'.~~;f Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_,at o'clock M. served the within upon at by handing to "/~)CJ : ',~;~? ~ -. a copy of the original <"-'_,1 So answers, .''] ,,,..) ,-..... .--"::F:? Co /,,7:; the contei!js tfuereo~- ~' .."~ -'" 00 - 1"7 _0 ft? - t:J ~ Co.> and made known to - Sheriff of County, PA . Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ 'r'...f. , ",_ ~,' '" '.0_, "" .. '", ,- , " FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CIVIL ACTION - LAW Defendant NOTICE TO DEFEND You have been sued in court, If you wish to defend against thtl claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notiee are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objeetions 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 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 Bar Assoeiation 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of1990 The Court of Common Pleas of Cumberland County is required by law to eomply with the Americans with Disabilities Act of 1990, For information about aecessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, 1 '[ " ,,~~ - "~-~y . .~ ~ "".-.--" ,- ~-~ . FRANCES I. HAm and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAm, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, this 27th day of Jnne 2001 eome the plaintiffs, Frances I. Hair and Stephen A. Hair, by and through their attorneys, Irwin, MeKnight & Hughes, and makes the following Complaint against the defendant, Weis Markets Incorporated: l. The plaintiffs are Frances I. Hair and Stephen A. Hair, her husband, who are adult individuals residing at 1580 Pine Road, Carlisle, Pennsylvania 17013, 2. The defendant, Weis Markets Incorporated, a Corporation with its principal offices located at 1000 South Second Street, P. 0, Box 471, Sunbury, Pennsylvania 17807, 3. At approximately 9:30 p,m, on May 13, 1999, plaintiff, Frances I. Hair, entered the Weis Market Store situate at 351 East High Street, Carlisle, Pennsylvania 17013 in order to do some shopping. 2 ;--)"'''..-' - .'^ -.-'~~-'"'_?-~"~~~~'--~"~-'Nli' _ ,. '{-~~"'--1-_ "-._,", n.>O' ,_..,_,r_~" - _, ~__>_,___",,"_ c.;,__ ,__I'to_ _ ,"_~_I _ .__'_u'___ ~^ _~___,_'__H ~__,,~ 4. The plaintiff entered the store and as the plaintiff was rounding the end of an isle near the meat case, she slipped and fell causing severe injuries to her left knee, neck and back. 5. The plaintiff fell on an area of the floor containing significant moisture whieh had been present for a significant period of time. At the time of the fall, the floor was being mopped. No signs were placed warning of the wet floor. 6. The defendant, Weis Markets Incorporated, is the owner and/or manager of the real estate and store loeated at 351 East High Street, Carlisle, Pennsylvania in whieh the Weis Market Store is loeated. 7. The defendant constructed the building and failed to use flooring which did not beeome slippery when exposed to moisture. The defendant knew of or should have known that moisture on the floor created a high degree of risk to the large number of customer-invitees of whieh the plaintiff was one, 8. A large number of people had been injured on said floor prior to the date of the plaintiffs fall on May 13, 1999. 9. The defendant knew or should have known of the dangerous condition which existed on the premises it owned which was occupied by defendant Weis Markets Incorporated. 3 q~~" ~ "<"-',',-'i~j,-"'__<'__' ,,--,~"_ ,. <~ ,-",,-'''',-~~~_~~I-' ~, "'~"_ "~ _ ~-.~;",,~_,? ",_ .'," ,___ ,. 10, The defendant had a duty to provide safe flooring within the food store premises which it new would invite a large amount of foot traffie and whieh would also have occasion to have moisture fall onto the floor from various activities within the grocery store. 11. As a result of the fall, the plaintiff sustained injuries to her left knee, neck and back. 12, The injuries sustained by the plaintiff were the proximate cause of the negligence of the defendant, Weis Markets Incorporated. 13. The defendant was negligent in that it breached its duty of eare to the plaintiff, Frances I. Hair, as follows: a. The defendant failed to use flooring which provided a safe footing even when moisture was present on the floor. b. The defendant failed to adequately manage or supervise the maintenance of the floor of the premises which became moist and very slippery resulting in injuries to the plaintiff. c. Failure to adequately warn the plaintiff ofthe slippery floors. d. Failure to adequately maintain the floor area upon which the plaintiff fell, e. Failure to remove the moisture from the floor which created the dangerous slippery condition. f. Failure to repair or replaee the flooring despite the number of people injured by falling on said floor. g. Failure to adequately provide for the clean up of said moisture and the failure of any supervision to eorreet the problem. 4 :,-:.,,,,- -~,co,-'05-r,-_:""!"~I, ~"'~_ __, _'_' ',~" '''._ ,.~ ~'_~_I~" '..' ,_co, ,__ _,~ '-'__ -' ,.. .--. _ 'r- .-.", ,.","" '-,r- ~ ~. ,,-., -'- ~ - - .,. ~ ". 14. The plaintiff seeks damages for the medieal expenses she incurred as a result of the fall on the defendant's premises. 15. The plaintiff seeks damage for her pain and suffering, the loss oflife's pleasures, and her permanent injuries. 16, The plaintiff, Stephen A, Hair, has been married to defendant, Frances L Hair, since June 18,1967, As a result of her injuries, the plaintiff lost the society of his wife, Franees L Hair, and seeks damages for said losses. The plaintiff, Stephen A. Hair, also seeks damages for the emotional distress caused by witnessing the fall of his wife. WHEREFORE, plaintiffs request damages against the defendant, Weis Markets Incorporated, in excess of Twenty-Five Thousand and no/lOO ($25,000.00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, By: IRWIN, MCKNIGHT & HUGHES dd~~ 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court LD. No. 25476 Attorney for plaintiff Date: June 27, 2001 5 '<-]'11 ~, "~':~""""_'",."_' ".,c.",-,,,,"_. ,,=, "',__1>~7~_~, "-'"~". ~_,...c_,_,,,, A "~ __~ VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief, I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. G~h- J.~~ FRANCES I. HAIR Date: June 27, 2001 ';\,~,~., _, ~~~~ "_"~""""C. '<,",_ - - .. "., , ',_~'_~_I,""""'_,."",,,_ __ _~"_~__ _ 7'__.. .. .' ~~~_.~ .,_"," . >~~_=. __ " "~ FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CML ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Mareus A. McKnight, III, Esquire, hereby eertifY that a copy of attached Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Kevin C. MeNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor P. 0, Box 999 Harrisburg, P A 17108 By: Mareus. McKni Esquire 60 West Pomfret Str Carlisle, P A 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: June 27, 2001 :i"" - - '~<";~!-:'f_"--'i."_~",_,,,__,,~ "__,r _j,~-,_'--~ ,w-,-";I,""_""_,~__,,_,,, '""_~ ".,--~r->"_.' _ ~"L,"",,,,, . ",,-,.., __. ~ <~ ,. ~, - " .~, '.L" I" " ~ ,~ ,', , .-' ~-,' ,~~"'......"""!!, ." '':1 ' ~,''-,';\ .",,"-~, '-','. "-,,~A ',' 'j'-"'lirnfii~~'-(r"'f""i.T]'Gfhf~ir"r][ulfr-{'r"':'-'=- l-~'1f' I" 'l"f'j"" ."4",~'.-' ~~lilJ'll!l'~~1 , ~~ (') ,c,) '-' ,-~ -'--1 7' LJ ,- r; I Z " ~~.,) ~:'--' {.0 .-. ~. r~: .,. " ~ ,. ~:"- ( ~-. ; ~ C_ .' , 2: 1;:"' -_i:J -< (...:) -< _...,_",'I~QiI~~~~ FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CIVIL ACTION - LAW Defendant ANSWER TO NEW MATTER AND NOW, this 9th day of August 2001 come the Plaintiffs, FRANCES I. HAIR and STEPHEN A. HAIR, and makes the following Answer to New Matter of the Defendant, WEIS MARKETS INCORPORATED, as follows: 17. The averments offact eontained in paragraph seventeen (17) of the New Matter of the Defendant are specifically denied. On the contrary, the floor of the Defendant's store was wet and no signs warning of the condition had been placed in the area of the wet floor. 18, The averments of fact contained in paragraph eighteen (18) of the New Matter of the Defendant are specifically denied. On the contrary, the fall aggravated her back injury and seriously increased the pain and damage to her left knee. 19, The averments of fact contained in paragraph nineteen (19) of the New Matter of the Defendant are admitted. 1 ;:;^'~ _.-r -,.,-,. ^"'" :" ?_. ,C~"""'''''?'!;~,.''_, F_'. '0'" 5."''' ,,,_~,"~"-,"..., ",., ,,">",k __', C,", ' ,n ... '" ., 20. The averments offact contained in paragraph twenty (20) of the New Matter of the Defendant are specifically denied. On the contrary, the Defendant through its employees knew of the wet conditions of the floor and failed to take prompt action to remove the area of moisture or to warn customers as they approached the area. 21. The averments offaet contained in paragraph twenty one (21) of the New Matter of the Defendant are specifically denied, On the contrary, the plaintiff, Francis L Hair, sought immediate medical treatment, 22. The averments offact contained in paragraph twenty two (22) of the New Matter of the Defendant are specifically denied. On the contrary, the Defendant's employees knew or should have known ofthe wet conditions of the floor, WHEREFORE, the plaintiffs, FRANCES I. HAIR and STEPHEN A, HAIR, requests damages in excess of Twenty Five Thousand and noli 00 ($25,000.00) Dollars against the Defendant, WEIS MARKETS INCORPORATED, plus costs and interest as provided by law. Respectfully submitted, By: Marcus A. Mc , sqUIre 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court LD. No. 25476 Attorney for Plaintiffs 2 I;C.".L. " "'-'_""'f~f-'~"-,~-_",,,,_,_~,,,....~_._ ___e', ,"~,_ ,._.,_ ',' ,,-^_I',~"__ .,",n. __". '.- _F. _, _ _r., ?:,,,._ _ ~c .._,____ - =- VERIFICATION The foregoing Answer to New Matter is based upon information which has been gathered by counsel and myself in the preparation of this action, I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A, Section 4904, relating to unsworn falsification to authorities. t ,,____AA ~ ~/ - - FRANCES I. HAIR Date: August 9, 2001 :1,,\~_ -C',',,_.' ';'.~' . c.""._ ,_ . ",", >,. '0 .~'" . '" "j-"r-.I?C'-, ,""~ ,,~~_T~. ,_,~ .,,""" .,.' _ _~. _.,___ ,", _. ~,_ ~~~ _ _ _ , ..~ ,., FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v, 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Marcus A, MeKnight, III, Esquire, hereby certifY that a copy of attached Answer to New Matter was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, Sixth Floor p, O. Box 999 Harrisburg, P A 17108 By: Date: August 10, 2001 3 d_'" "'-'-"_"'-_"~'fR'i"'":""'~~_""_ ,_., _"""_~,,,"__^_I_~,>_~_ ,_~,'"._, ," m ",. ,_~_ _0 __ la -, "~ 11':". ,"~~~"Ji!l!f~""'-. r- ,., ~~, .,> ~~ -' "w. ~',:~;.,- ~"", ;iA ~S"'_ d'. ."'1~~~-" "'"" 'd'i;, ,_".,;.,', ,"'O'''(''''"{'] ,,-" () CO C) C <'.... "il ~f"[' ,.,. ~ [!1 [',: G5 z:r 1,-""'- Zr- --::lrn U)-.-~- CO ,-.;,,-' -<;> (L, ~CJ -' ::!>, .. :.:~~ ZC ('5 bO c- C;rn ..- c:: z =:> ::;;1 =< :0 -< .,. _ ':'1-~' , _ ,,_,__11~1[)~~!'aC"_~,~ ~'1-"'~~~~1!11l1~l!'II!!q!.~, ., ~ FRANCES I. HAIR and : IN THE COURT OF COMMON PLEAS OF STEPHEN A. HAIR, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2839 CIVIL TERM WEIS MARKETS INCORPORATED, CIVIL ACTION - LAW Defendant PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A, McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, P7nnsylvania 17013. Respectfully submitted, By: Mare s A. Me , squire 60 West Pomfre eet Carlisle, Pennsylvania 17013 (717) 249..2353 Date: March 19,2002 ~~-f- ~~,~ '" "" , .,- .~ ''C''_ ',__c._""=",,_~,,,<,__ ~_,_- '_ _"_" "'_"'__ .1." _~ __.,._-"-____~_~'"'~,,_~. ~_. ~_ 0 J " ~ ,-., "".Jl.~._.....""",:~_ _ -~-. 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