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HomeMy WebLinkAbout99-066971 I L CJ s 71 min RI-IE'ITA LUTTRELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. % 6 ? C-7 Ct??L HILL'S DEPARTMENT STORE, CIVIL ACTION - LAW now known as AMES DEPARTMENT STORES, INC. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must lake 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 ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE PA 17013 (717) 240-6200 Ri6hard E.' rreeburn, Esquire FREEBURN & ASSOCIATES I.D. #30965 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Date: 11/2/99 Attorney for Plaintiff RHE'1 TA LUTTRELL, IN THE COURT Or COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. HILL'S DEPARTMENT SCORE, CIVIL ACTION -LAW now known as AMES DEPARTMENT STORES. INC. NOTICE Le han demandado a usted en la torte. Si Listed quiere defendei:se do estas demandas expuestas en las paginas siguientes, uslcd Licne viente (20) dias de plazo al partir de la fecha de la clemanda y la notification. Us(cd debe presentar ua apariencia esrila o en persona o per abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demanclas en contra de su persona. Sea avisado que si usted no se defiencle, la torte Lomara medidas y puede entrar Una orden contra usted sin previo aviso 0 notification y per cualquier queja o alivio que es pedido en la pcticion cle demanda. Usted puede perder dinero o sus propiedades o ohms derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR 'T'AI. SERVICIO, VAYA EN PERSONA OR LLAME POR TELEFONO A LA ORICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4Th[ FLOOR CARLISLE PA 17013 (717) 240-6200 Dale: 11/2/99 Richard E. rreeburn, ESqulrc I:REEBURN & ASSOCIATES I.D. #30965 4775 Linglestown Road, Suit(- 200 Harrisburg, PA 171 12 (717) 671-1955 Attornev for Plaintiff 6_1 RHETTA LUTTRELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. G6 y7C?<I - HILL'S DEPARTMENT STORE, : CIVIL ACTION - LAW now known as AMES DEPARTMENT STORES, INC. COMPLAINT AND NOW, comes Plaintiff, Rhetta Luttrell, by her attorneys, Freeburn & Associates, and files the following Complaint: 1. Plaintiff, Rhetta Luttrell, is an adult individual who resides at 136 College Hill Road, Enola, Cumberland County, Pennsylvania. 2. Defendant, Hills Department Store, now known as Ames Department Stores, Inc., is a corporate entity which conducts business as a retail department store with store premises at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about July 3, 1998, at approximately 6:30 p.m. in Defendant's store premises at 3431 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. 4. At that time and place, Defendant was in exclusive possession, management, and control of the store through its employees who were acting within the scope and in the course of their employment by Defendant and in furtherance of Defendant's business. 5. At that time and place, Plaintiff was a patron and business visitor of the Hill's Department Store. 6. At that time. Plaintiff had entered the store and while in the store, entered the ladies room. 7. At that time and place, a foreign substance was located on the floor in Plaintiffs path which caused Plaintiff to slip and fall, resulting in serious and permanent injuries as set forth below. 8. The foregoing incident and all of Plaintiffs injuries and damages as set forth hereinafter are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant operated and maintained its store premises as follows: a. In failing to exercise reasonable care to ensure the safety of patrons and business visitors such as Plaintiff; b. In failing to inspect the premises and discover the foreign substance that caused the incident; C. In failing to discover and/or to keep the premises and floor free and clear of any and all debris and foreign substances that would create a hazard to patrons; d. In failing to adequately supervise and manage its employees who should have discovered and removed the foreign substance that caused the incident; e. In failing to anticipate the harm that the foreign substance would cause patrons; f. In permitting a foreign substance to accumulate on the floor at a point where it posed an unreasonable risk of injury to Plaintiff and other business visitors; g. In failing to give warning of the dangerous condition posed by the accumulation of the foreign substance, erect barricades, or take any other safety precautions to prevent injury to the Plaintiff and other business visitors; and h. In failing to remove the foreign substance from the floor and keep the floor clean, clear and free of hazardous conditions. ii - ® 9. Solely as a result of Defendant's negligence, carelessness and recklessness, Plaintiff sustained painful and severe injuries to her nerves, bones and soft tissues which include, but are not limited to, a Lear in the medial meniscus and chondroplasty of medical femoral condyle of the right knee. 10. By reason of the aforesaid injuries sustained by Plaintiff, she was forced to undergo surgery to her right knee. 11. By reason of the aforesaid injuries sustained by Plaintiff, she has suffered a heightened possibility that she will suffer other or additional injury in the future, and claim is made therefor. 12. The aforesaid injuries sustained by Plaintiff, may have aggravated or been aggravated by an existing infirmity, condition or disease, resulting in a prolongation or worsening of the injuries and an enhanced risk of future harm to Plaintiff, and claim is made therefor. 13. By reason of the aforesaid injuries sustained by Plaintiff, she was forced to incur liability for reasonable and necessary medical tests, medical examinations, medical treatment, medications, hospitalizations, rehabilitation and therapies and similar expenses in an effort to diagnose her injuries and to restore herself to health, and claim is made therefor. 14. Plaintiff has not fully recovered from her injuries and it is reasonably likely that she will incur similar expenses in the future, and claim is made therefor. 15. By reason of the aforesaid injuries sustained by Plaintiff, she has suffered a loss of earning capacity and is entitled to recover the value of the 3 time, earnings and employment benefits she might reasonably have earned in the pursuit of her ordinary calling, and claim is made therefor. 16. By reason of the aforesaid injuries sustained by Plaintiff, she has suffered a loss or impairment of future earning capacity, and claim is made therefor. 17. By reason of the aforesaid injuries sustained by Plaintiff, she has incurred incidental costs and expenses the exact amount of which cannot be ascertained at this time. 18. As a result of the aforementioned injuries, Plaintiff has undergone and in the future may undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 19. As a result of Defendant's conduct and the aforesaid injuries sustained by Plaintiff, she has been subjected to severe humiliation, embarrassment, worry and anger. 20. As a result of Defendant's conduct and the aforesaid injuries sustained by Plaintiff, she has been subjected to severe mental anguish, emotional distress, nervous shock and fright. 21. As a result of Defendant's conduct and the aforesaid injuries sustained by Plaintiff, she may continue to endure great mental anguish, emotional distress, worry and anger in the future. 22. By reason of the aforesaid injuries sustained by Plaintiff, she has been deprived of her enjoyment of the pleasures of life. 23. Plaintiff continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent 4 nature, causing residual problems for the remainder oI her lifetime, and claim is made therefor. 24. As a result of the aforesaid accident. Plaintiff has sustained a disfigurement which may be permanent, and claim is madc therefor. WHEREFORE, Plaintiff, RheLta LuLtrell, demands judgment in her favor and against Defendant, Hill's Department Store, now known as Ames Department. Stores, Inc., in an amount in excess of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS, plus interest and costs of suit and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, FFRREEBUR.N & ASSOCIATES By: Richard E. Freeburn, Esquire I.D. No. 30965 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 11/2/99 Attorney for Plaintiff 5 VERIFICATION I hereby verify that the statements in the foregoing document are true and correct. J understand that false statements herein are made subjecL to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: RFIETTA LU17RELL 11. - SHERIFF'S RETURN - REGULAR CASE NO: 1999-06697 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LUTTRELL RHETTA VS. HILL'S DEPARTMENT STORE ETC CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon HILLS DEPARTMENT STORE F/K/A AMES DEPARTMENT STORES INC the defendant, at 10:10 HOURS, on the 9th day of November 1999 at 3431 SIMPSON FERRY ROAD CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to DON HUFFMAN (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: So answers: Docketing 18.00 Service 8.68 Affidavit .00 ? Surcharge 8.00 inomas ine LSie $34T8-RICHARD9E9. FREEBURN 112/19 by ?IL/ - j ierZr ?7 Zl Sworn and subscribed to before me this /3t' day of /•„«<{ J 19 q9 A.D. ? ACC a ro iono arm f ?? RHETTALUTTRELL Plaintiff V. HILL'S DEPARTMENT STORE, now known as AMES DEPARTMENT STORES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6697 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendant, Ames Merchandising Corporation, erroneously referred to as Hill's Department Store, now known as Ames Department Stores, Inc. in the above-captioned case. THOMAS, THOMAS &yHAFER, LLP v' r ??' if ./?lll r dewey ts. Kettig, esquire I.D. Number: 19616 865 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 255-7639 Dated: /3-/13/1 5 CERTIFICATE OF SERVICE b+ I, Jeffrey B. Rettig, Esquire, hereby certify that I have served a true and correct ?t kr copy of the foregoing document on the following person by placing same in the United* States mail, postage prepaid, on the -L?-- day of December, 1999: Richard E. Freeburn, Esquire 4775 Linglestown Rd., Suite 200 Harrisburg, PA 17112 THOMAS, THOMAS & B. Rettig, LLP If `i +i I, i' ; ?, :: _ ;.. .- .. ,? ,,. r ?. _J THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW RHETTA LUTTRELL, Plaintiff (U'tq V. NO.99-6695CIVIL HILL'S DEPARTMENT STORE, now known: as AMES DEPARTMENT STORES, INC., Defendant AND NOW, comes the Defendant, Ames Merchandising Corporation, erroneously described as Hill's Department Store, now known as Ames Department Stores, Inc. and answers Plaintiffs Complaint as follows: It is admitted that the Plaintiff is who she says she is. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 2. Denied. The correct name of the Defendant is Ames Merchandising Corporation. It is admitted that Ames Merchandising Corporation conducts business at the alleged address. 3. Admitted. 4. Without identifying the individuals who are alleged to be employed by Defendant, Defendant cannot respond to this allegation. 5. Admitted. 6. Admitted. 7. Denied as stated. On information and belief, it is believed that the floor of the ladies' room might have been wet. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 8. Denied pursuant to Pa. R.C.P. 1029. 9. The allegation of negligence is denied pursuant to Pa. R.C.P. 1029. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 10-24. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed without cost to it. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP (.y._ %JJ t J??ey B. Rettig, Esquir VERIFICATION I, _ ?e-4 1.1/snw/ state that I am z4r;,4d,?i??i? r? of Ames Merchandising Corporation, that I make this Verification on behalf of Anfes Merchandising Corporation, 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 unsworn falsification to authorities. Ames Me Title: CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copies of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 7 day of. t .2000. Richard E. Freeburn, Esquire 4775 Linglestown Rd., Suite 200 Harrisburg, PA 17112 THOMAS, THOMAS & HAFER, LLP ff-- Je r B. Rettig, Esquire ,, RHEWA LUTTRELL, Plaintiff V. AMES MERCHANDISING CORPORATION, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6697 CIVIL. ACTION - LAZY PRAECIPE TO: Prothonotary Kindly mark the above-captioned matter diSC017Lin LIC(1. Respectfully submiLLai. FREEBURN & HAMILTON By: K Richard E. rrceburn. Esquire I.D. No. 30965 4775 Lll]glesLown Road. Suite 200 I-larrisburg, PA 17112 (717) 671-1955 Dated: 1/25/01 Attorney for Plaintiff CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Praecipe, has been duly served on the following this 25th day of January, 2001 by placing the same in the U.S. First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER PO Box 999 Harrisburg PA 17108 BY. Richard E. ,reeburn, Esquire Attorney I.D. #30965 FREEBURN & HAMILTON 4775 Linglestown Road, Suite 200 Harrisburg, PA 17112 (717) 671-1955 Dated: 1/25'/01 Attorney for Plaintiff I c\; ::1(L __ r_ CJ