The URL can be used to link to this page

Home My WebLink About01-0397 FX~ } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ C~.~.~ No. ?JA ~±V l~ Ge~.2yvti Civil Action - (X Law ( )Equity SUSAN B. HERTZOG THE BON TON DEPARTMENT STORE 1611 BALTIMORE PIKE 3525 GETTYSBURG ROAD DILLSBURG, PA 17019 CAMP HILL, PA 17011 . ,vs. `J~JRY TRIA~ DEMANDED .~) ; ;r, Plaintiff(s) & . Defendant(s) & Addresses ;f Addresses PRAECIPE~~'OR WRIT OF SUIi~IMONS ~:~ TO THE PROTHONOTARY OF SAIbi COURT: Please issue writ of summons in the above-captioned action. XXX Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff JOSEPH J. DIXON ESQUIRE _ 126 STATE STREET Signature rney HARRISBURG PA 17101 X717)236-8515 Names/Address/Telephone No. Of Attorney Supreme Court ID No. 28290 Date 1/18/01 WRIT OF SiJMMONS TO THE ABOVE-NAMED DEFENDANT(S): THE BON TON DEPARTMENT STORE YOU ARE NOTIk'IE'D THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE ACTION AGAINST YOU. /~ ^~ Date: ~./~~ ~ ~ ?~~ AN ( )Check here if reverse is issued for additional information. C=~ /~ F1L~ ~~1..F V~ TEiG ::,_ ~iQQ~'.yy.J~~1~~qq ItY1~ II1 ~Fii~ 22 Nf I U' ~~ CUM~Ef~i.~~r~ ~~JUR~iY PENNSYLVANIA $~ro. sc~ ~ s'.c~- S'~- ~-~s s~~ C'~-~ yi..~,~ M SHERIFF'S RETURN - REGULAR CASE NO: 2001-00397 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZOG SUSAN B VS BON TON DEPARTMENT STORE THE DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon BON TON DEPARTMENT STORE (THE) the DEFENDANT at 0010:25 HOURS, on the 23rd day of January 2001 at 3525 GETTYSBURG ROAD CAMP HILL, PA 17011 by handing to CINTHIA SCHELHORN (MANAGER) a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this ~ day of ~n,P ~u ~ A .-D . ®i i~s.,.~ Yc,,,.eeu. r thonotary ' So Answers: ~~~ I2. Thomas Kline 01/24/2001 JOSEPH J. DIXON By: i,~~,~eeaz..~ Deputy Sheriff £ .. ~' LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: William J. Taylor, Jr., Esquire Attorney X.D. No.: 34752 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 SUSAN B. HERTZOG ) vs, ) THE BON TON DEPARTMENT STORE ) ATTORNEY FOR Defendant, The Bon Ton Department Store COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.OI-397 JURY TRIAL DEMANDED ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Please enter my appearance on behalf of defendant, The Bon Ton Department Store. Defendant hereby demands trial by jury of twelve. CAMPBELL, O'KEEFE, NOLAN & DALY William J.1tay r ,Esc Attorney for Defendant, The Bon Ton Department ~ 'V d CERTIFICATE OF SERVICE AND NOW, this 30`t' day of October, 2001, I, William J. Taylor, Jr., Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, The Bon Ton Department Store, hereby certify that I, this day, served the within Entry of Appearance and Demand for Jury Trial, by United States Mail, postage prepaid, in Philadelphia, PA, addressed to the parties or attorneys of record as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 CAMPBELL, O'KEEFE, NOLAN & DALY William J. Taj%1ei!Jr., Esq Attorney for Defendant, The Bon Ton Department -2- n ~(4 t7 ~ J C "" --t i'ii".". ~~- ~ Z ~..' ~_ _ ~ I;~ E . , C7=:.o' ' ice? _ ~_. -C E l_i ^r' y ± C ~..~ __ ~' . .. t ~--~ - _ ~ -. N ~ ~~ .d= -G LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN &DALY BY: William J. Taylor, Jr., Esquire Attorney LD. No.: 34752 ATTORNEY FOR Defendant, Centre Square West, Suite 1550 The Bon Ton Department Store 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 SUSAN B. HERTZOG vs. THE BON TON DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.Ol-397 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Plaintiff, Susan B. Hertzog to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. CAMPBELL, & DALY William J. Taylor, $1/ - / Attorney for Defendant, The Bon Ton Department Store ~ ~ u~ lo, RULE TO FILE COMPLAINT AND NOW, this .~~d day of ~9~-; -2001, a Rule is hereby granted upon, to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. lJn ..e ~ ht, l~~~ ~~ POTARY c3 c~ ` c. - `~' n ~=; - -G .__. r ~~ --:.J ,_. 'r y"' ~ `., _ "~ ~ v cn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN B. HERTZOG, . 1611 Baltimore Pike CIVIL ACTION -LAW Dillsburg, PA 17019, Plaintiff NO. O1-3399'P -Civil Term v. THE BON TON DEPARTMENT STORE 3525 Gettysburg Road Camp Hill, PA 17011, Defendant, 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. 1F 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 HA1V DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial 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 azchivaz 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 tomaza medidas y puede entraz una order contra usted sin previo aviso o notificacion y por cualquier hueja o alivio gue es pedido en la peticion de dexnanda. Usted puede perder dinero o sus propiedades o otros derechos importantes paza usted. LLEVE ESTA I)EMANDA A UN ABODAGO INIIvIEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION 5E ENCUENTRA ESCRIT.A ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 r sy: jJoseph J. Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff *. ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN B. HERTZOG, i 1611 Baltimore Pike ~ CIVIL ACTION -LAW Dillsburg, PA 17019, ~ . 3399 Plaintiff NO.O1- Civil Term v. . THE BON TON DEPARTMENT STORE: 3525 Gettysburg Road . Camp Hill, PA 17011, . Defendant, COMPLAINT AND NOW, this 27s' day of November 2001, comes the Plaintiff, Susan B. Hertzog, by and through her attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: 1. The Plaintiff is Susan B. Hertzog, an adult individual who resides at 1611 Baltimore Pike, Dillsburg, York County, Pennsylvania 17019. 2. The Defendant, Bon Ton Department Store is a Pennsylvania Corporation trading and doing business as a retail clothing store at 3525 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about January 23, 1999 at approximately 1 I a.m., the Plaintiff was a customer at the Defendant's store at 3525 Gettysburg Road, Camp Hill, Pennsylvania 17011. 4. At said time and place, the Plaintiff had been upstairs and made a purchase in the infant section and had rode the escalator down from the second floor to the fast floor heading towards one of the exits of the store. While walking through an isle containing perfumes and colognes, the Plaintiff stepped on a plastic size marker labeled 8 petite in the isleway of the department store. 6. As a result of stepping on the plastic size marker the Plaintiff fell to the ground injuring herself. These injuries include but are not limited to: cervical strain sprain, lumbosacral strain sprain, aggravation of myofascitis, left sacroliac strain, right foot bruising and swelling, left knee strain, aggravation of degenerative disc disease and headaches. The Plaintiff believes and therefore avers the Defendant knew or should have known of the plastic size marker on the isleway of their department store. 8. At all times material hereto, the Plaintiff was walking and shopping in an ordinary manner, exercising reasonable caution under the circumstances. 9. The actions and conduct of the Plaintiff in no way contributed towards or caused the injuries sustained by the Plaintiff. 10. The Plaintiff believes and therefore auers that the Defendant had a duty to properly maintain the isles of the department store to keep them free and clear of -2- hazardous and or dangerous materials such as the plastic size marker. 11. As a result of the injuries described herein, the Plaintiff has been obliged to undergo medical treatment and incur medical expenses. The total amount of these expenses are unascertained at this time. 12. As a result of the injuries described herein, the Plaintiff has been affected in her work and personal activities. The total amount of these losses are unascertained at this time. 13. As a result of said injuries the Plaintiff has undergone in the past and will in the future undergo great pain and suffering. WHEREFORE, the Plaintiff prays this Honorable Court enter a judgement in the amount of Twenty Five-Thousand Dollars ($25,000.00), an amount requiring compulsory arbitration. Respectfully Submitted, By: _ h J 'xon, Esquue Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff DATE: November 27, 2001 -3- VERIFICATION I verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. DATED: November 27, 2001 v ~'~""- ~`~~~~'n !' CERTIFI ATE OF SERVICE I hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, First Class, postage prepaid, at the following address(es): CAMPBELL, O'KEEFE, NOLAN & DALY ATTENTION: WILLIAM J. TAYLOR, JR., ESQUIItE CENTRE SQUARE WEST, SUITE 1550 1500 MARKET.STREET PHILADELPHIA, PA 19102 By JOS J. DD~ON 126 STATE STREET HARRISBURG, PA 17101 (717)236-8515 ATTORNEY FOR PLAINTIFF Date: November 27, 2001 n ._. - c __ 'L C!5 r ~'i -- rr_r: ~ - --- sa _ - v°__ r ~_p - , _.n _ - ` y' C C.3 , ~ J ~ ~ ~ • ~ TO ALL PARTIES: YOU ARE HERE6Y NOT~IED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SEH34eE HE E'Z3F OR A LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: William J. Taylor, Jr., Esquire Attorney I.D. No.: 34752 Centre Square West, Suite 1550 1500 Market Street Philadelphia, PA 19102 (215) 446-7300 SUSAN B. HERTZOG vs. THE BON TON DEPARTMENT STORE ATTORNEY FOR Defenc The Bon Ton Department COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.Ol-39'7 JURY TRIAL DEMANDED CONTAINING NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable invesfigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 5. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way' of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. 7. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. 8. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. 9. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this -2- paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. 10. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. 11. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. 12. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. 13. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. By way of further answer, these allegations are denied because they are conclusions of law to which no responsive pleading is required. WI3FREFORE, answering defendant, The Bon Ton Department Store, demands that this Complaint be dismissed with prejudice. -3- NEW MATTER The answering defendant asserts the following New Matter: 14. Any recovery in this action is limited or barred under the provisions of the Pennsylvania Comparative Negligence Act. 15. At the time and place alleged, the plaintiff had a duty to exercise reasonable care for her own safety, and was negligent in the following: a) failing to watch where she was walking; and b) failing to see and avoid an alleged open and obvious condition. 16. The negligence of the plaintiff was a substantial factor in bringing about the accident and injury alleged and this negligence operates to bar or limit the damages asserted. 17. The plaintiff had notice and knowledge of the conditions alleged to have caused the accident and did knowingly, and willfully, encounter these conditions and did assume any risk of injury that could arise. The claim of plaintiff is barred by the assumption of risk. 18. The claims of the plaintiff are barred by the applicable Statute of Limitations. 19. The answering defendant did not maintain or control the area alleged to be defective and had no duty to the plaintiff. 20. Answering defendant is improperly named and designated in this action, and notice is provided that answering defendant will move for Summary Judgment on these grounds. 21. The plaintiff failed to take reasonable measures to cure the injury or prevent further injury or loss from taking place, and did fail to mitigate the damages asserted. 22. Plaintiff has failed to state a claim upon which relief can be granted. 23. Plaintiffls cause of action against answering defendant is barred by any other defense and/or affirmative defense that may become apparent during discovery or at the time of trial. -4- 24. The plaintiff has failed to join indispensable necessary and proper parties. 25. If plaintiff suffered any injuries/damages as alleged, they were caused solely and primarily by the carelessness, recklessness, negligence of other third-parties, who may be presently unknown to the answering defendant over whom the answering defendant had no control and no legal duty to control. WHEREFORE, answering defendant, The Bon Ton Department Store, demands that this Complaint be dismissed with prejudice. CAMPBELL, O'KEEFE, NOLAN & DALY William J. Ta Attorney for ] The Bon Ton -5- CERTIFICATE OF SERVICE AND NOW, this 28a' day of January, 2002, I, William J. Taylor, Jr., Esquire, a member of the Law Offices of Campbell, O'Keefe, Nolan & Daly, attorneys for the Defendant, The Bon Ton Department Store, hereby certify that I, this day, served the within Answer Containing New Matter to Plaintiffs Complaint on Behalf of Defendant, The Bon Ton Department Store, by United States Mail, postage prepaid, in Philadelphia, PA, addressed to the parties or attorneys of record as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 CAMPBELL, O'KEEFE, NOLAN & DALY William J. Taylor ., Esqui Attorney for Defendant, The Bon Ton Department Store -6- S 7-2t-02; 6:46PM;CORPORATE HR ;7778405660 # 2/ 2 VERffICATION I, Becky Heindel, Benefits Manager of The Bon-Ton Stores, Inc., do hereby verify that I have read the foregoing Answer Containing New Matter to Plaintiffs Complaint on Behalf of Defendant, the Bon Ton Department Store and state that the averments therein arc true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities, which provides that if I knowingly make false averments I maybe subject to criminal penalties. Date: ~ /8 ~~/ BECKY EINDEL Harzog J C3 (-} C:. t i~ ', j T7+'= 'i , ; 1.~ F_ _ +~ ~ _-~ i'p i y ~.) ~r~i Y ~"_ is1 ~__ _~ ~ V LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: William J. Taylor, Jr., Esquire Attorney I.D. No.: 34752 Centre Square West, Suite 1550 1500 Market Street ATTORNEY FOR Defendant The Bon Ton Department Store Philadelphia, PA 19102 (215)446-7300 SUSAN B. HERTZOG vs. THE BON TON DEPARTMENT STORE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.Ol-397 JURY TRIAL DEMANDED ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. By: osep I J. Dixon, Esq Attorney for Plainfiff ~ ~ t. ._ -~«~ rt ? ~ -;- r fi ~C` ~ -r-n -;ice Cn a. .p 1 y ~ ^~ =-1'-C~ ~~ N cif Z ^.7 f~ '=