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HomeMy WebLinkAbout07-2787IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.b~' a7~~2007 Civil Action - (XX) Law ( )Equity Bettye Anderson and Wal-Mart John Anderson A/K/A Wal-Mart Super Center 2 West Oakwood Drive 60 Noble Boulevard Carlisle, PA 17013 Carlisle, PA 17013 Wal-Mart Stores, Inc. c/o C T Corporation 1515 Market Street Philadelphia, PA 19102 Wal-Mart Stores, Inc. A/K/A Wal-Mart Stores East, Inc. T/D/B/A Wal-Mart Super Center 702 SW 8"' Street Bentonville, AR 72716 Wal-Mart Associates, Inc. 702 SW 8t'' Street Bentonville, AR 72716 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. X Writ of Summons Shall be issued and forwarded to ()Attorney ( -Sheriff Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Sigfia ure of Attorney (7171.238-2000 Supreme Court ID No. 72663 Name/Address/Telephone No. of Attorney Date:~~.~ Q' ~ 7 T" WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. uz~ ~ .o-~--~ (~ Prothonotary ~,j.,,= Dater X l,?I~/~ ~ by ~~SL~L Deputy ( 1 Check here if reverse is used for additional information PROTHON. - 55 -,L ~-} rv ~ ~ ~ ~ -~, Wiz,-.,:: ~ ~ W r f ~~ N i 'i t~ ~. O ll~ ~ ~ r .. ~{~.8 ,~+! ": ,~ RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9~'.Floor Harrisburg, PA 17101 Attorneys for Defendant, (717) 234-7700 Wal-Mart Stores, Inc. BETTYE ANDERSON and COURT OF COMMON PLEAS OF JOHN ANDERSON CUMBERLAND COUNTY Plaintiffs, vs. NO. 07-27872007 WAL-MART a/k/a . WAL-MART SUPER CENTER, WAL-MART STORES, INC. c/o C T CORPORATION, WAL-MART STORES, INC. a/k/a WAL-MART STORES EAST, INC. t/d/b/a WAL-MART SUPER CENTER WAL-MART ASSOCIATES, INC. Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Wal-Mart Stores, Inc. in the above- referenced matter. RAWLE & HENDERSON LLP By. ~~~ Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2095668-1 ~ . CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: ~ ~ ~ Gary N. Stewart, Esquire Michael T. Traxler, Esquire Dated: ~ / / ~~~ ~~ 2095668-1 r- ^.~ ~ Q U ~'i C " - am I''f"- ~ TJ ~'i~ FI) ~' _ i r, - -~ ~? ~_ `~ ~~ --~ ", C..J °': RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9~'.Floor Harrisburg, PA 17101 Attorneys for Defendant, (7172 234-7700 Wal-Mart Stores Inc. BETTYE ANDERSON and COURT OF COMMON PLEAS OF JOHN ANDERSON CUMBERLAND COUNTY Plaintiffs, vs. NO. 07-27872007 WAL-MART a/k/a WAL-MART SUPER CENTER, WAL-MART STORES, INC. c/o C T CORPORATION, WAL-MART STORES, INC. a/k/a WAL-MART STORES EAST, INC. t/d/b/a WAL-MART SUPER CENTER WAL-MART ASSOCIATES, INC. Defendants. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a rule upon plaintiff to file a complaint within twenty (20) days of service hereof upon penalty of non pros. RAWLE & HENDERSON LLP By: ~ :~l.Le~v ~ ~ ~ Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. Dated: (, //.f/Z`t''~ RULE TO FILE COMPLAINT AND NOW this ~Q ~ ay ofJ (d.t~~ , 2007, a rule is entered upon plaintiff to file a complaint within twenty (20) days from the date of service hereof. PR HONOT 2095668-1 CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing praecipe for rule to file complaint by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Stephen G. Held, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiffs RAWLE & HENDERSON LLP Gary N. Stewart, Esquire Michael T. Traxler, Esquire Dated: (~ ~ / S ~o~ l~0 '1 2095668-1 <~ ~ C, '~ ~ ~~ c_ i. - a-- ~`~ ~r`, ' _~ ; ,. ~ `-~--~ lf? l ~T-t ...~ ~A ..~ Stephen G. Held, Esquire I.D.# 72663 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Held@HHRLaw.com BETTYE ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WAL-MART a/k/a WAL-MART SUPER CENTER, WAL-MART STORES, INC. c/o C T CORPORATION, WAL-MART STORES, INC. a/k/a WAL-MART STORES EAST, INC. t/d/b/a WAL-MART SUPER CENTER, WAL-MART ASSOCIATES, INC., Defendants ~7P7 NO. 2007-CV-07~83~CV CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, Bettye Anderson, by and through her attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Stephen G. Held, Esquire, who makes the within Complaint against the Defendants Wal-Mart Super Center a/k/a Wal-Mart Super Center, Wal-Mart Stores, Inc. c/o C T Corporation, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Wal-Mart Associates, Inc, and avers as follows: 1. Plaintiff, Bettye Anderson, is an adult individual currently residing at 2 West Oakwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Wal-Mart a/k/a Wal-Mart Super Center, is an Arkansas Corporation doing business in Pennsylvania with offices located at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, is an Arkansas Corporation doing business in Pennsylvania with offices located at 1515 Market Street, Philadelphia, Philadelphia County, Pennsylvania. 4. Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center is an Arkansas Corporation doing business in Arkansas with offices located at 702 Southwest 8th Street, Bentonville, Benton County, Arkansas. 5. Defendant Wal-Mart Associates, Inc. Is an Arkansas Corporation doing business in Arkansas with offices located at 702 Southwest 8th Street, Bentonville, Benton County, Arkansas. 6. At all times material to, Wal-Mart Super Center, or any one or all of the Defendants, was in ownership, possession, management, and control of the Premises located at and known as Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania (hereinafter "the Premises"). 7. At all times material to, Plaintiff, Bettye Anderson, was an invitee upon said Premises. 8. On or about June 1, 2005, Plaintiff was shopping in Defendant's store. 9. On that day Plaintiff was shopping for goods throughout Defendant's store. 10. Whiles shopping, a Wal-Mart bag stand fell on Plaintiffs right hand. 11. The bag stand fell because it was top heavy and poorly secured. -2- 12. At all times material hereto, there were no signs indicating that the bag stand could fall over because it was top heavy and poorly secured. 13. At all times material hereto, one or all Defendants who had exclusive control of said Premises, allowed the bag stand to lay poorly secured and top heavy without remedying the situation. 14. On or about June 1, 2005, Plaintiff, Bettye Anderson, was shopping on the Premises of Wal Mart Super Center. While shopping on the Premises, a poorly secured and top heavy bag stand fell on Plaintiff's right hand, causing personal injuries to the Plaintiff. COUNT I -NEGLIGENCE BETTYE ANDERSON v. WAL-MART a/k/a WAL-MART SUPER CENTER 15. Paragraphs 1-14 are incorporated herein by reference as if fully set forth in length. 16. At all times material hereto, Plaintiff, Bettye Anderson, believes and therefore avers that Defendant, Wal-Mart a/k/a Wal-Mart Super Center, was in possession, management, and control of the Premises and was responsible for maintaining the safe condition of the property known as Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 17. At all times material hereto, Defendant, Wal-Mart a/k/a Wal-Mart Super Center, assumed the duty to provide reasonably safe conditions for all individuals who were shopping at Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. -3- 18. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Bettye Anderson, were caused directly and proximately by the negligence of the Defendant, Wal-Mart a/k/a Wal-Mart Super Center, by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally or more specifically as set forth below: (a) In failing to secure a top heavy bag stand, thereby posing an unreasonable risk of injuryto the Plaintiff and to other persons lawfully upon the premises; (b) In causing or permitting an unsecured, top heavy bag stand to remain so without a warning to the Plaintiff, failing to indicate that there was a likelihood that the bag stand would cause injury; (c) In failing to make a reasonable inspection of said Premises which could have revealed the dangerous condition imposed by the unsecured bag stand, and thereby allowing the same to be and remain to be a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure that the top heavy bag stand was properly secured in order to prevent injury to the Plaintiff and other persons lawfully on the Premises; (e) In failing to post a warning sign or device to notify of the dangerous condition of the unsecured bag stand on the Premises; (f) In failing to secure the top heavy bag stand on said Premises so as to avoid the situation in which Plaintiff was injured; -4- (g) In failing to maintain the bag stand in a reasonably safe condition that would prevent Bettye Anderson from cutting her middle finger due to the unsecured, top heavy bag stand; (h) In failing to insist upon necessary safety precautions as part of the contract of employment with the individuals or entities securing bag stands on the Premises; and (I) I n failing to exercise with reasonable care the control retained overthe individuals or entities securing bag stands on the Premises; 19. Defendant Wal-Mart a/k/a Wal-Mart Super Center, had actual knowledge or should have known through the exercise of ordinary care and diligence that the bag stand was secured in the area where it injured the Plaintiff. 20. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, sustained cuts to her middle finger and suffered from complex regional pain syndrome in the above area. 21. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally, and financially. 22. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been, and will be in the future, hindered from attending to her daily duties to her great detriment, loss, humiliation, and embarrassment. -5- 23. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has, and will in the future, suffer a loss of life's pleasures. 24. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 25. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been compelled, in order to affect a cure for the aforesaid injuries and pain, to incur a Medicare lien in order to pay large sums of money for medicine, pain management and medical attention and will be required to do the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Bettye Anderson, seeks damages from Defendant, Wal- Mart a/k/a Wal-Mart Super Center, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. COUNT II -NEGLIGENCE BETTYE ANDERSON V. WAL-MART STORES, INC. c/o C T CORPORATION 26. Paragraphs 1-25 are incorporated herein by reference as if fully set forth at length. 27. At all times material hereto, Plaintiff, Bettye Anderson, believes and therefore avers that Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, was in possession, management, and control of the Premises and was responsible for maintaining the safe condition of the property known as Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. -6- 28. At all times material hereto, Defendant, Wal-Mart Stores, Inc. c/o C T Corporation assumed the duty to provide reasonably safe conditions for all individuals who were shopping at Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 29. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Bettye Anderson, were caused directly and proximately by the negligence of the Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally or more specifically as set forth below: (a) In failing to secure a top heavy bag stand, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In causing or permitting an unsecured, top heavy bag stand to remain so without a warning to the Plaintiff, failing to indicate that there was a likelihood that the bag stand would cause injury; (c) In failing to make a reasonable inspection of said Premises which could have revealed the dangerous condition imposed by the unsecured bag stand, and thereby allowing the same to be and remain to be a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure that the top heavy bag stand was properly secured in order to prevent injury to the Plaintiff and other persons lawfully on the Premises; (e) In failing to post a warning sign or device to notify of the dangerous condition of the unsecured bag stand on the Premises; (f) In failing to secure the top heavy bag stand on said Premises so as to avoid the situation in which Plaintiff was injured; -~- (g) In failing to maintain the bag stand in a reasonably safe condition that would prevent Bettye Anderson from cutting her middle finger due to the unsecured, top heavy bag stand; (h) In failing to insist upon necessary safety precautions as part of the contract of employment with the individuals or entities securing bag stands on the Premises; and (I) In failing to exercise with reasonable care the control retained overthe individuals or entities securing bag stands on the Premises; 30. Defendant Wal-Mart Stores, Inc. c/o C T Corporation, had actual knowledge or should have known through the exercise of ordinary care and diligence that the bag stand was secured in the area where it injured the Plaintiff. 31. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. c/o C T Corporation ,sustained cuts to her middle finger and suffered from complex regional pain syndrome in the above area. 32. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, Plaintiff, Bettye Anderson, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally, and financially. 33. As a direct and proximate result of the negligence of Defendant, Wal-Mar Stores, Inc. c/o C T Corporation, Plaintiff, Bettye Anderson, has been, and will be in the future, hindered from attending to her daily duties to her great detriment, loss, humiliation, and embarrassment. 34. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, I nc. c/o CT Corporation, Plaintiff, Bettye Anderson, has, and will in the future, suffer a loss of life's pleasures. -8- 35. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, Plaintiff, Bettye Anderson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 36. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. c/o C T Corporation, Plaintiff, Bettye Anderson, has been compelled, in order to affect a cure for the aforesaid injuries and pain, to incur a Medicare lien in order to pay large sums of money for medicine, pain management and medical attention and will be required to do the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Bettye Anderson, seeks damages from Defendant, Wal- Mart Stores, Inc. c/o C T Corporation, in an amount excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. COUNT III -NEGLIGENCE BETTYE ANDERSON V. WAL-MART STORES, INC. a/k/a WAL-MART STORES EAST, INC. t/d/b/a WAL-MART SUPER CENTER 37. Paragraphs 1-36 are incorporated herein by reference as if fully set forth in length. 38. At all times material hereto, Plaintiff, Bettye Anderson, believes and therefore avers that Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, inc. t/d/b/a Wal- MartSuper Center, was in possession, management, and control of the Premises and was responsible for maintaining the safe condition of the property known as Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 39. At all times material hereto, Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, assumed the duty to provide reasonably safe conditions for all individuals who were shopping at Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. -9- 40. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Bettye Anderson, were caused directly and proximately by the negligence of the Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally or more specifically as set forth below: (a) In failing to secure a top heavy bag stand, thereby posing an unreasonable risk of injuryto the Plaintiff and to other persons lawfully upon the premises; (b) In causing or permitting an unsecured, top heavy bag stand to remain so without a warning to the Plaintiff, failing to indicate that there was a likelihood that the bag stand would cause injury; (c) In failing to make a reasonable inspection of said Premises which could have revealed the dangerous condition imposed by the unsecured bag stand, and thereby allowing the same to be and remain to be a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure that the top heavy bag stand was properly secured in order to prevent injury to the Plaintiff and other persons lawfully on the Premises; (e) In failing to post a warning sign or device to notify of the dangerous condition of the unsecured bag stand on the Premises; (f) In failing to secure the top heavy bag stand on said Premises so as to avoid the situation in which Plaintiff was injured; (g) In failing to maintain the bag stand in a reasonably safe condition that would prevent Bettye Anderson from cutting her middle finger due to the unsecured, top heavy bag stand; -10- (h) In failing to insist upon necessary safety precautions as part of the contract of employment with the individuals or entities securing bag stands on the Premises; and (I) In failing to exercise with reasonable care the control retained overthe individuals or entities securing bag stands on the Premises; 41. Defendant Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center had actual knowledge or should have known through the exercise of ordinary care and diligence that the bag stand was secured in the area where it injured the Plaintiff. 42. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, sustained cuts to her middle finger and suffered from complex regional pain syndrome in the above area. 43. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally, and financially. 44. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been, and will be in the future, hindered from attending to her daily duties to her great detriment, loss, humiliation, and embarrassment. 45. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has, and will in the future, suffer a loss of life's pleasures. 46. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. -11- 47. As a direct and proximate result of the negligence of Defendant, Wal-Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been compelled, in order to affect a cure for the aforesaid injuries and pain, to incur a Medicare lien in order to pay large sums of money for medicine, pain management and medical attention and will be required to do the same in the future, to her great detriment and loss. WHEREFORE, Plaintiff, Bettye Anderson, seeks damages from Defendant, Wal- Mart Stores, Inc. a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. COUNT IV -NEGLIGENCE BETTYE ANDERSON v. WAL-MART ASSOCIATES, INC. 48. Paragraphs 1-47 are incorporated herein by reference as if fully set forth at length. 49. At all times material hereto, Plaintiff, Bettye Anderson, believes and therefore avers that Defendant, Wal-Mart Associates, Inc., was in possession, management, and control of the Premises and was responsible for maintaining the safe condition of the property known as Wal-Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 50. At all times material hereto, Defendant, Wal-Mart Associates, Inc., assumed the duty to provide reasonably safe conditions for all individuals who were shopping at Wal- Mart Super Center, 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013. 51. The occurrence of the aforementioned incident and the resulting injuries to the Plaintiff, Bettye Anderson, were caused directly and proximately by the negligence of the Defendant, Wal-Mart Associates, Inc., by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally or more specifically as set forth below: -12- (a) In failing to secure a top heavy bag stand, thereby posing an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In causing or permitting an unsecured, top heavy bag stand to remain so without a warning to the Plaintiff, failing to indicate that there was a likelihood that the bag stand would cause injury; (c) In failing to make a reasonable inspection of said Premises which could have revealed the dangerous condition imposed by the unsecured bag stand, and thereby allowing the same to be and remain to be a dangerous condition when the Defendant knew or should have known of it; (d) In failing to ensure that the top heavy bag stand was properly secured in order to prevent injury to the Plaintiff and other persons lawfully on the Premises; (e) In failing to post a warning sign or device to notify of the dangerous condition of the unsecured bag stand on the Premises; (f) In failing to secure the top heavy bag stand on said Premises so as to avoid the situation in which Plaintiff was injured; (g) In failing to maintain the bag stand in a reasonably safe condition that would prevent Bettye Anderson from cutting her middle finger due to the unsecured, top heavy bag stand; (h) In failing to insist upon necessary safety precautions as part of the contract of employment with the individuals or entities securing bag stands on the Premises; and (I) In failing to exercise with reasonable care the control retained overthe individuals or entities securing bag stands on the Premises; -13- 52. Defendant Wal-Mart Associates, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that the bag stand was secured in the area where it injured the Plaintiff. 53. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., sustained cuts to her middle finger and suffered from complex regional pain syndrome in the above area. 54. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., Plaintiff, Bettye Anderson, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally, and financially. 55. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., Plaintiff, Bettye Anderson, has been, and will be in the future, hindered from attending to her daily duties to her great detriment, loss, humiliation, and embarrassment. 56. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., Plaintiff, Bettye Anderson, has, and will in the future, suffer a loss of life's pleasures. 57. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., Plaintiff, Bettye Anderson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 58. As a direct and proximate result of the negligence of Defendant, Wal-Mart Associates, Inc., Plaintiff, Bettye Anderson, has been compelled, in order to affect a cure for the aforesaid injuries and pain, to incur a Medicare lien in order to pay large sums of money for medicine, pain management and medical attention and will be required to do the same in the future, to her great detriment and loss. -14- WHEREFORE, Plaintiff, Bettye Anderson, seeks damages from Defendant, Wal- Mart Associates, Inc., in an amount in excess of the compulsory arbitration limits of Cumberland County, exclusive of interests and costs. Date: Respectfully submitted, HANDLER, HENNING ~ ROSENBERG, LLP By: Ste a G. He squire I.D. #72663 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff -15- VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is 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 counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~/ Bettye Anderson CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document was served upon all parties of counsel or record by depositing a copy of the same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on July 16, 2007, addressed to the following: Gary N. Stewart, Esquire Rawle & Henderson, LLP 240 N. 3rd Street 900 Harrisburg, Pa 17101 Date Julv 16. 2007 Michael T. Traxler, Esquire Rawle & Henderson, LLP 240 N. 3rd Street 900 Harrisburg, Pa 17101 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By Ste en G. eld, Esquire I.D. No.: 72663 1300 Linglestown Road Harrisburg, PA 171 10 (717) 238-2000 Attorney for Plaintiff ..a ~ 1 -rl _ --4 __ < _ ~ s ~,) _ `, _ ~ 't - ~~ i. T _ ~- (~5"1 3 ..... ~ ~ +. ~. -, ~ SHERIFF'S RETURN - REGULAR ` CAS'S NO: 2007-02787 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON BETTYE ET AL VS WAL-MART ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WAL-MART AKA WAL-MART SUPER CENTER the DEFENDANT at 1520:00 HOURS, on the 10th day of May 2007 at 60 NOBLE BOULEVARD CARLISLE, PA 17013 by handing to KAREN MARSH, ASST MANAGER, ADULT IN CHARGE 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 4.80 Affidavit .00 Surcharge 10.00 .00 4~1~ ~o~`i ~/ 32.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 06/05/2007 HANDLER VL~TTTTT7~T!"~ nnc+TnTTnnnn By. A.D. SHERIFF'S RETURN - OUT OF COUNTY ` CASE N0: 2007-02787 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON BETTYE ET AL VS WAL-MART ET AL 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 WAL-MART STORES INC to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On June 5th 2007 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answ .~~'` Docketing 6.00 Out of County 9.00 -- Surcharge 10.00 R. Thomas Kline Dep Philadelphia 116.00 Sheriff of Cumberland County Postage .99 141.99 ~/ 41~y ~~'~ 06/05/2007 HANDLER HENNING ROSENBERG Sworn and subscribe to before me this day of A.D. • . I~'~'l~~ C®urt ®~ C~n~gn®n Picas ®~ Cu~nb~rland C®unty, Pennsylvania ' Batty And?rson Pt al VS. Wal-Mart a/k/a Wal-mart Super CentAr At al SERVE: Wal-Mart Stores Inc 07-2787 civil No. Now, May 9, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby,deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff: /~ Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Aff davit of Service Naw, ~/ ~6 , 20 6 7 , at '~ ~aU o'clock P' M. served the within upon ~ a~ -~ ~ a r~~ -S fi®>" es -~" -ic at Cv~~ ~ /~ ~ +~ k ~~- ~' fi'' - ~ I ~~~ by handing to _ ~an a y ~D ~D vw0 h -" ~ ~ ~OJ-}-t c~ ~~s~ a copy of the original and made known to the contents thereof. So answers, ~~~ ~~ ~~ w~~sa ~ Sworn and subscribed before me this ~2~' day of l , 20 y~ -£,~icriff'af~~~z~ 5 ~.e,~County, PA `~5 V~UOc . COSTS SERVICE _ MILEAGE _ AFFIDAVIT NOTARY?.L ~E.AL SUSAN L. ROSENFELD, Notary Public City of Philadelphia, Phila. County My Commission Expires March 11,.2008 RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Bldg., 9`" Flr. 240 North 3`d Street Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Wal-Mart Stores, Inc. c/o CT Corporation, Wal-Mart Stores, Inc., a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Wal-Mart Associates, Inc. BETTYE ANDERSON Plaintiff, vs. WAL-MART, et al. Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY N0:2007-CV-07-2783-CV NOTICE OF REMOVAL TO FEDERAL COURT PURSUANT TO 28 U.S.C. & 1446(d) TO THE PROTHONOTARY: Pursuant to 28 U.S.C. § 1446(d), Attorney for Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Wal-Mart Stores, Inc. c/o CT Corporation, Wal-Mart Stores, Inc., a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Wal-Mart Associates, Inc, files herewith a copy of the Notice of Removal of Action which has been filed in the United States District Court for the Middle District of Pennsylvania on July 31, 2007. Date: ? ~ 3 > ~aab RAWLE & HENDERSON LLP By: ~ ,,, ~ ""v~~-, Gary N. Stewart, Esquire Michael T. Trailer, Esquire Attorney for Defendants, Wal-Mart a/k/a Wal-Mart Super Center, Wal-Mart Stores, Inc. c/o CT Corporation, Wal-Mart Stores, Inc., a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Wal-Mart Associates, Inc. 2116976-1 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned Notice of Removal Pursuant to 28 U.S.C. §1446(d) was served via first-class mail, postage prepaid, on the following: Stephen G. Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Counsel for Plaintiff RAWLE & HENDERSON LLP By: '~~.~~ ~ '- Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorney for Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Wal-Mart Stores, Inc. c/o CT Corporation, Wal-Mart Stores, Inc., a/k/a Wal-Mart Stores East, Inc. t/d/b/a Wal-Mart Super Center, Wal-Mart Associates, Inc. Date: 7 ~ 3/ l~jo7 2116976-1 EXHIBIT "A" 21)1534-1 CIVIL COVER SHEET to JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided ' local rules df court. This form, approved by the Judicial Conference o9f the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating e civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) (a) PLAINTIFFS Bettye Anderson (17) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF (EXCEPT IN U.S. PLAINTIFF CASES) (C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ephen G. Held, Esquire 00 Linglestown Road trrisburg, PA 17110 17) 238.2000 fx.(717) 233.3029 DEFENDANTS Wal-Mart Stores, Inc. COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. ATTORNEYS (IF KNOWN) Gary N. Stewart, Esq. Michael T. Traxler, Esq. Rawle & Henderson LLP 240 N. Third St., 9th Flr. Harrisburg, PA 17101 (717) 234-7700 OF JURISDICTION (PLACE AN "X" IN ONE BOX ONLY) ^ 1. U. S. Government Plaintiff ^ 2. U.S. Government Defendant ^ 3. Federal Question (U.S. Government Not a Party) ®4. Diversity (Indicate Citizenship of Parties in Item III) PTF DEF Incorporated or Principal Place of ^4 ^4 Business in this State Incorporated or Principal Place of ^5 ®5 Business in Another State Foreign Nation ^6 ^6 '. ORIGIN (PLACE AN "X" IN ONE BOX ONLY) Appeal to District 1 Original ®2 Removed from ^ 3 Remanded from ^ 4 Reinstated or ^ 5 Transferred from ^ 6 Multidistrict ^ 7 Judge from Magistrate Proceeding State Court Appellate Court Reopened another disVid (specify) Litigation Judgment NOTIIRF (lF SIIIIT (PLACE AN °X" IN ONE BOX ONLY) CONTRACT TORTS FORFEITURE/ BANKRUPTCY OTHER STATUTES PENALTY PERSONAL INJURY PERSONAL INJURY ^610 Agriculture ^422 Appeal 28 USC 158 ^400 State Reapportionment 110 Insurance ^ 310 Airplane ^ 382 Personal Injury-- ^620 Other FoodBDrug ^423 Withdrawal 28 USC 157 ^410 Antitrust 120 Marine ^315 Airplane Product Med Malpractice ^625 Drug Related Seizure ^430 Banks and Banking 130 Miller Act Liability ^365 Personal Injury-- of Property 21, USC 881 ^450 Commerce/ICC Ratesletc. i40 Negotiable Instrument ^320 Assault Libel & Product Llabllhy ^g30 Liquor Laws PROPERTY RIGHTS ^460 Deportation 50Recovery of Overpayment , Slander ^368 Asbestos Personal ^640 R.R. 8 Truck ^820 Copyrights ^q70 Racketeer Influenced and & Enforcement of Judgment ^330 Federal Injury Product Liability ^650 Alrllne Regs ^830 Patent Corru t Or anizations P 9 51 Medicare Acl Employer's Liabinty ^Occupational ^840 Trademark ^810 Selective Service 52 Recovery of Defaulted ^340 Marine PERSONAL PROPERTY SafetylHealth ^850 Securities/Commodities/ Student Loans (Exc. Veterans) ^345 Marina Product ^370 Other Fraud Exchange 53 Recovery of Overpayment of Veteran's Benefits Liability ^371 Truth in Lending LABOR SOCIAL SECURITY ^875 Customer Challenge 12 ^350 Motor Vehicle USC 3410 60 Stockholder's Suits ^380 Other Personal ^355 Motor Vehicle Property Damage ^710 Fair Labor Standards ^861 HIA (1395FF) ^691 Agricultural Acts 90 Other Contract Product Liability ^385 Progeny Damage Act ^862 Black Lung (923) ^882 Economic Stabilization Act 95 Contract Product Liability ®360 Other Personal ' product Liability ^720 Labor/Mgmt. Relations ^g63 DIWC/DIWW (405(g)) ^883 Environmental Matters In u ^730 Labor/Mgmt. ^g8q SSID Title XVI ^884 Energy Allocation Act REAL PROPERTY CIVIL RIGHTS PRISONER Reporting 8 Disclosure Act ^865 RIS (405(g)) ^885 Freedom of Information Act PETITIONS ^740 Railway Labor Act eal of Fee Determination ^900 A :10 Land Condemnation ^441 Voting ^b10 Motions to Vacate ^780 Other Labor Liti ation g FEDERAL TAX SUITS pp Under Equal Access to Justice l t ^442 E Sentence ^781 Empl. Rat. Inc. ^950 Constitutionality of :20 Foreclosure oymen mp Security Act State Statutes '.30 Renl Lease & Ejectment ^443 Housing/ HABEAS CORPUS: ^870 Taxes (U.S. Plaintiff 40 Torts to Land Accommodations ^530 General or Defendant) ^890 Other Statutory Actions 45 Tort Product Liability ^~ welfare ^535 Death Penalty ^871 IRS -Third Party 90 All Other Real Property ^440 Other Civil Rights ^540 Mandamus 8.Other 26 USC 7609 ^550 Civil Rights CAUSE OF ACTION (CITE THE U.S. CIVIL STATURE UNDER WHICH YOU ARE FILING AND WRITE 3RIEF STATEMENT OF CAUSE) U.S.C. 1332 & 1446 d - endin removal . REQUESTED IN ^ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ®YES ^ NO I. RELATED CASE(S) IF ANY (See Instructions): JUDGE ~,irSO~k(ET NUMBER rE: ~ " ~ I ... V ~ SIGNATURE OF ATTORNEY OF RECORD /yam - III. CITIZENSHIP OF PRINCIPAL PARTIES For diversity cases only (PLACE AN "X" IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF Citizen of This State ®1 ^1 Citizen of Mother State ^2 ^2 Citizen or Subject of a ^3 ^3 2 OFFICE USE ONLY 'EIPT # AMOUNT APPLYING IFP JUDGE MAG JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BETTYE ANDERSON Plaintiff, vs. WAL-MART a/k/a WAL-MART SUPER CENTER, WAL-MART STORES, INC. c/o CT CORPORATION, WAL-MART STORES, INC., alk/a WAL-MART STORES EAST, INC. t/d/b/a WAL-MART SUPER CENTER, WAL-MART ASSOCIATES, INC. Defendants. CIVIL ACTION NO: JURY TRIAL DEMANDED ELECTRONICALLY FILED NOTICE OF REMOVAL TO THE HONORABLE JUDGES IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Defendant, Wal-Mart Stores, Inc. d/b/a Wal-Mart Super Center (improperly named in the caption and complaint as Wal-Mart, c/o CT Corporation, a/k/a Wal- 2116989-1 Mart Stores East, Inc. t/d/b/a Wal-Mart Associates, Inc.) by and through its attorneys, Rawle & Henderson LLP, respectfully avers as follows: 1. Plaintiff filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, on or about July 16, 2007, as a result of a June 1, 2005 incident involving a bag stand that fell on plaintiff's right hand. See Exhibit "A" - Plaintiff s Complaint. 2. Upon information and belief, the defendant was served on or about July 18, 2007 with Plaintiff s Complaint. 3. In plaintiff s Complaint, Bettye Anderson alleges that she sustained: 20. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, sustained cuts to her middle finger and suffered from complex regional pain syndrome in the above area. 21. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally, and financially. 22. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been, and will be in the future, hindered from attending to her daily duties to her great detriment, loss, humiliation, and embarrassment. 23. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has, and will in the future, suffer a loss of life's pleasures. 24. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, 2116989-1 Bettye Anderson, has suffered lost wages/income and will in the future continue to suffer a loss of income and/or loss of earning capacity. 25. As a direct and proximate result of the negligence of Defendant, Wal-Mart a/k/a Wal-Mart Super Center, Plaintiff, Bettye Anderson, has been compelled, in order to affect a cure for the aforesaid injuries and pain, to incur a Medicare lien in order to pay large sums of money for medicine, pain management and medical attention and will be required to do the same in the future, to her great detriment and loss. See Plaintiff s Complaint ¶¶ 20-25 attached hereto as Exhibit "A". 4. Based upon a fair reading of the Complaint, plaintiff has set forth a claim in which an amount in excess of the jurisdictional limit of $75,000, exclusive of interest and costs, may be at stake. 5. At all times material hereto, defendant, Wal-Mart Stores, Inc., is and was a Delaware corporation with its principal place of business located in Arkansas. 6. Plaintiff Bettye Anderson, is a citizen of the Commonwealth of Pennsylvania and upon information and belief resides at 2 West Oakwood Drive, Carlisle, Pennsylvania 17013. See Plaintiff's Complaint attached hereto as Exhibit «A ~, 7. Diversity of citizenship within the meaning of 28 U.S.C. §1332, exists between plaintiffs and defendants since: (a) Plaintiff is a citizen and resident of the Commonwealth of Pennsylvania; and 2116989-1 (b) Defendant is not a citizen of the Commonwealth of Pennsylvania. 8. Furthermore, diversity of citizenship existed at the time the action sought to be removed was commenced and continues through the time of filing of this notice, such that defendants are entitled to removal pursuant to 28 U.S.C. § 1441, as amended, and 28 U.S.C. § 1446. WHEREFORE, defendant, Wal-Mart Stores, Inc. prays that the above- captioned action now pending in the Court of Common Pleas of Cumberland County, Pennsylvania, be removed therefrom to this Honorable Court. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire PA Identification No.: 67353 Michael T. Traxler, Esquire PA Identification No.: 90961 Attorney for Defendant, Wal-Mart Stores, Inc. Payne Shoemaker Bldg., 9th Flr. 240 North 3rd Street gstewart cl,rawle.com mtraxler@rawle.com (717) 234-7700 (717) 234-7710 -Fax Our File No.: 250305 Dated: 7/31 /07 2116989-1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned Notice of Removal was filed electronically with the Clerk of the District Court using its CM/ECF system, which would then electronically notify the following CM/ECF participants on this case: Stephen G. Held, Esquire i Handler, Henning & Rosenberg, LLP 1300 Linglestown Road ~~ Harrisburg, PA 17110 Counsel for Plaintiff ,I'1 RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorney for Defendant Dated: 7/31 /07 2116989-1 ~ s } a`r `~ . 4 -~ r1 ~. r~. i._- .... 5 i 1. ~-, t ~ ~ _ l ~: ~ t rn ~ ~ N C~J