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Home My WebLink About99-06491 v MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101.1210 (717) 236-7959 JANET S.CARBAUGH 20 South Penn Street Shippensburg, PA 17257, v. McDONALD'S RESTAURANT 333 East King Street Shippensburg, PA 17257, Defendant ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. qq - to q4 1 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 04-4?I-IL Le ban demandado a usted en la torte. Si usted defenderse de estas demandas expuestas en law paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forms escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se deflende, is torte tomara medidas y puede continuer is demanda en contra suya sin previo aviso o notificacion. Ademas, la torte puede decodor a favor del demandante y requiere que usted cumpla con todas law provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE ELDINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MORGAN & MORGAN, P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717) 236-7959 JANET S. CARBAUGH 20 South Penn Street Shippensburg, PA 17257, Plaintiff V. McDONALD'S RESTAURANT 333 East King Street Shippensburg, PA 17257, Defendant ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. GY91 (?c,n( Tu-- CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff is an adult individual residing at the above address. 2. Defendant is a business organization operating a restaurant at the above address. 3. On or about May 23, 1998, Defendant owned, possessed and/or controlled the facility and premises at the above address, including but not limited to the driveway, parking lot and sidewalk area adjacent to the said restaurant. 4. At all times material hereto, Defendant acted through its agents, servants and/or employees within the course and scope of their agency or employment. 5. At all times material hereto, Plaintiff was a business invitee. 6. At all times material hereto, Defendant owned, possessed and controlled a grate in the above-referenced driveway, parking area, sidewalk of its restaurant. 7. On May 23, 1998, Plaintiff was caused to step in a hole or opening of the subject metal grate and she suffered severe and disabling injuries thereby. 8. Plaintiffs injuries and damages were due to the negligence of Defendant, including: A. Failing to warn Plaintiff of an unreasonable risk of harm; B. Failing to provide adequate lighting to the area; C. Failing to maintain it's premises with due regard to the safety of persons such as Plaintiff; D. Allowing a hole or opening in the above-referenced grate to exist without due regard to the rights and safety of individuals of Plaintiffs status; E. Failing to correct the said dangerous condition in the grate; F. Failing to keep the property free and clear of dangerous conditions; G. Failing to arrange for the reasonable and timely repair of the subject hole or opening in the grate; H. Failing to respond to complaints and/or warnings about the said dangerous condition in the grate; 1. Failing to maintain the said property in a reasonable and safe manner. I 9. As a result of Defendant's negligence, Plaintiff suffered injuries and damages, including but not limited to, injuries to her nerves, bones, muscles, joints and fascia, pain and suffering, emotional distress, some or all of which are or may be continuing in nature. 10. As a further result of her injuries, Plaintiff was forced to expend various sums of money for medical care and treatment, which are or may be continuing in nature. 11. As a further result of her injuries, Plaintiff has been prevented from attending her ususal duties and activities, and has and may continue to suffer loss of life's pleasures and diminution of daily activities, into the indefinite future. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of $25,000.00, exclusive of interest, costs and delay damages. DATED: h12I'7I MORGAN & MORGAN, P.C. By Cott . Morgan, quire Atto ys for Plaint' , Janet Carbaugh i VERIFICATION Janet Carbaugh states that she is Plaintiff in this matter, and that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. She understands that the statements in said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Carbaugh 8 d i LN v N c Cl) ? u. N d L o 0% i3 66FA ? M nl ,Q ,? UI Z,),Z SHERIFF'S RETURN - REGULAR CASE NO: 1999-06991 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARBAUGH JANET S VS. MCDONALD'S RESTAURANT CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MCDONALD'S RESTAURANT the defendant, at 12:50 HOURS, on the 28th day of October , 1999 at 333 EAST KING ST SHIPPENSBURG PA 17257 CUMBERLAND , County, Pennsylvania, by handing to LUCILE A. HAMILTON (MANAGER) a true and attested copy of the COMPLAINT , together with NOTICE , and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.00 8.00 $39.UZ-MO lRGAN Sworn and subscribed to before me this /3 r? day of 46«,,..4. 19c7l_ A.D. t Y So ans 14 ne, flomas MORGAN & MORGAN. P.C. BY: SCOTT W. MORGAN, ESQUIRE IDENTIFICATION NO. 36721 120 SOUTH STREET HARRISBURG, PA 17101-1210 (717)276.7959 ATTORNEYS FOR PLAINTIFF JANET S. CARBAUGH IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. McDONALD'S RESTAURANT Defendant NO. 99-6491 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter settled, discontinued and ended upon payment of your costs, only. MORGAN & MORGAN, P.C. DATED: February °\ , 2000 By Scot organ, quirt Attorney for Plaintiff, Janet Carbaugh -.. t, ?, _ ?? ?: ? _ _ ' i-f . N i.?. , r r?; _ <° ?l t1.. J )? ti: ,, -; c? U ,:?