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Home My WebLink About07-4131DONNA CHAPPELEAR and her husband EVERETT E. CHAPPELEAR, Plaintiffs v. WAL-MART STORES, INC., Defendant 2007- ~//,3 ~ CIVIL TERM CIVIL ACTION -LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, WAL-MART STORES, INC. and enter my appearance on behalf of the plaintiffs, DONNA CHAPPELEAR and her husband, EVERETT E. CHAPPELEAR. Please direct the Sheriff to serve the defendant as follows: WAL-MART STORES, INC. 60 NOBLE BOULEVARD CARLISLE, PA 17013 Respectfully submitted, IRWIN & Marcus fight, III, E ire 60 West mfret Street, Cazlisle, 17013 (717) 24 353 Supreme Court I.D No: 25476 July 12, 2007 To: WAL-MART STORES, INC. You are hereby notified that DONNA CHAPPELEAR and her husband, EVERETT E. CHAPPELEAR, plaintiffs, have commenced an action against you which you are required to defend or a default judgment maybe entered against you. S r PROTHONOTA DEPUTY Date: /~ , 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C~ ~`: r., ~ r- C* °(1 N ~ G1 -*,~ ~,. ~ ~ tU ~ c._. ~ ~ A ~ ~~ .~ zi ~~ a r=~ i~ -+-; ~/ .'t`> ;~.~ i-r~ :.U --~ ._ .'+ RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9th Floor Harrisburg, PA 17101 (717) 234-7700 Attorneys for Defendant, Wal-Mart Stores, Inc. DONNA CHAPPELEAR and her husband EVERETT E. CHAPPELEAR, Plaintiffs, vs. WAL-MART STORES, INC., Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY N0.2007-4131 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 ~i By: ~ ~ 1 Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2117869-1 v 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: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Dated: 7 f ~ 7 ~~°'D~ 2117869-! t7 ca -c~~wr ~ ~;_ W u~~~. ;~_, ~ ~ ~~ , ~, ~ •~ ~ ~ ~ ~ RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Trailer Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9t1i Floor Harrisburg, PA 17101 (717) 234-7700 Attorneys for Defendant, Wal-Mart Stores, Inc. DONNA CHAPPELEAR and her husband COURT OF COMMON PLEAS OF EVERETT E. CHAPPELEAR, CUMBERLAND COUNTY Plaintiffs, vs. N0.2007-4131 WAL-MART STORES, INC., Defendant. 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 Dated: 7 /•~ 7 l~` oo ~ Gary N. Stewart, Esquire Michael T. Trailer, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. RULE TO FILE COMPLAINT AND NOW this 3I s+ day of J~ , 2007, a rule is entered upon plaintiff to file a complaint within twenty (20) days from the date of service hereof. S P OTHONOTARY 2117869-I [ ~` '"~ 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: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Counsel for Plaintiffs RAWLE & HENDERSON LLP By: ~ ~~ Gary N. Stewart, Esquire Michael T. Traxler, Esquire Dated: ~ l a ~ /~ °'~~ 2117869-1 ~ "~'v- ~ ~. , ~ ~`y ~ ~ %_' . ~ -r c~ ~~, r~s 1 ~ ~ tsti ~~ ~ 1 ~ ..c SHERIFF'S RETURN - REGULAR CASE N0: 2007-04131 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHAPPELEAR DONNA ET AL VS WAL-MART STORES INC STEPHEN BENDER 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 STORES INC the DEFENDANT at 1310:00 HOURS, on the 18th day of July 2007 at 60 NOBLE BOULEVARD CARLISLE, PA 17013 by handing to MIKE BARRICK, ASST MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .41 Surcharge 10.00 .00 &~If. ~b'! ~ 33 .21 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/19/2007 MARCUS MCKNIGHT By: D putt' Sheriff of A.D. 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 (717)234-7700 Attorneys for Defendant, Wal-Mart Stores, Inc. DONNA CHAPPELEAR and her husband COURT OF COMMON PLEAS OF EVERETT E. CHAPPELEAR, CUMBERLAND COUNTY Plaintiffs, vs. N0.2007-4131 WAL-MART STORES, INC., Defendant. 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 Stores 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 Fennsylvania on August 27, 2007. Dated: 'L7 ,~ RAWLE & ON LLP B. Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2135157-1 _,~, . 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: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 Counsel for Plaintiff Dated: 'Z~ ~~ RAWLE & HE ~JN LLP By: ary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2135157-1 Ex~~~~-~ r CIVtL COVER SHEET The JS 44 civil cover sheet and the iMormation contained herein neither replace nor supplement the riling and service of pleadings or other papers as required bylaw, except as provided by local rules of court. This form, approved by the Judicial Conference o9f the United States in September' 1874, is required for the use of the Clerk of Court for the purpose of initiating Ehe avN docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) i.(a) PLAINTIFFS Donna Chappelear and her husband, Everett E.Chappelear (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Wal-Mart Stores, Inc. et al. 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. (C) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN): Marcus A. McKnight, III, Esquire Gary N. Stewart, Esq. Irwin & McKnight Michael T. Traxler, Esq. 60 West Pomfret Street Rawls & Henderson LLP Carlisle, PA 17013 240 North Third Street, 9th Floor Phone: (717) 249-2353 Harrisburg, PA 17101 Fax: (717) 249-6354 Phone: (717) 234-7700 Fax: 717 234-7710 I1. BASIS OF JURISDICTION (PLACE AN "X" IN ONE BOX ONLY) III. CITIZENSHIP OF PRINCIPAL PARTIES For diversity cases only (PLACE AN "X" IN ONE BOX FOR ^ 1. U.S. Govemment ^ 3. Federal Question PLAINTIFF AND ONE BOX FOR Plaintiff (U.S. Govemment Not a Party) DEFENDANT) ^ 2. U.S. Govemment ®4. Diversity PTF DEF citizen of Tide state ®1 ^1 PTF DEF Irrcotporatad «Prindpal Place of ^a ^a Defendant (indicate Citizenship of Parties in Item III) Bwinswinthie state Citizen o/Another State ^2 ^2 krcorporated «Prindpal Piece of ^5 ®5 Business in Another Stile Cozen «Subjed of a ^3 p3 F«eign Nation ^6 ^6 F n Count IV. ORIGIN (PLACE AN "X" IN ONE BOX ONLY) Appeal to DMtAct ^ 1 Original ®2 Removed from ^ 3 Remanded from ^ 4 Reinstated or ^ 5 Transfened from ^ 6 MultidisUid ^ 7 Judge from Magiatrete Proceeding Stets Court Appellate Court Reopened erwther distrid (specify) Litigatbn Judgment V. NATURE OF SU IT (PLACE AN "X" IN ONE BOX ONLY) CONTRACT TORTS FORFEITURE! BANKRUPTCY OTHER STATUTES PENALTY ] 110 Insurance PERSONAL INJURY PERSONAL INJURY ^810 Agriculture ^422 Appel ZB USC 158 ^100 8tnte Reapportionment ]120 Marine ^310 Airplane ^382 Personal ktjury- ^820 Other FoodiDrug ^423 Withdrawal 28 USC 1b7 ^410 Antnrwt 7130 MBIe- Ad ^316 Airplane Product Med Malpraedce ^825 Drug Rekted Ssizrae ^430 Banks and Banking ]140 Negotiable Instrument Liability ^386 Personal Mjury- Product LlabilHy of Property 21, USC 881 PROPERTY RIGHTS ^'~ CommerceACC Ratsslste. ^S20 Aesaud, Libsl a ^830 Liqu« Laws ^480 De ortatio ]750Re of Ovsryayrrant Slander ^388 Asbestos Psroonal p n 8 Enforcement of Judgrrbnt ^330 Federal Injury Product LIaWINy ^840 R.R. a Truck ^ttZO Copyrights ^470 Radcsteer brflwncsd aril ]751 Medicare Ad Employers Ltebllay ^8i0 Airline Rege ^830 Patent Corrupt Orgarizatbrn ]152 Recovery of Defaubed ^340 Marine PERSONAL PROPERTY ^Occupetfonal SafetyMealth ^840 Trademark ^810 Selective Service Student Loans (Exc. Veterans) Q34b Markre Produd ^370 Other Fraud ^Sbo Sscuritlsa~orrxnoddise! Ezchartip 7153 Recovery of Overpayrtbnt Liability of Veteran s Benefits ^360 Mot« VeMcle ^371 Truth in LerMing LABOR SOCIAL SECURITY ^876 Customer Chailsnge 12 USC 3410 ]160 Stockholder's Suits ^380 Other Personal ] 790 Other Contract ^3sb Motor VrhicM Product LINNIIty Property Damage ^710 Fair Labor Standards ^881 HIA (138SFF) ^as1 Agricultural Ants 7195 Centred Produd LieNlity ®380 Other Peroonel ^385 Property Damage Produd Liability Act ^882 Black Lung (823) ^882 Economic Stabillzatbn Act In ^720 L.aborlMgmt. Relations ^863 OIYIICIDIVVY1r I~Igi- ^883 Environmental Matters REAL PROPERTY CIVIL RIGHTS PRISONER ^~ 9awrrMgmL R M 8 Disclosure Act ^esa ssro Tide xvl ^esa En srgy Aaocadon Act PETITIONS ^740 Railway tabor Act ^~' RIS (4ob(g)) ^BBb Freedom of krrormatlon Act ]210 Land Condemnation ^441 Voting ^b10 Modoru to Vacate ^780 Other Latwr Litigation FEDERAL TAX SUITS ^s00 Appeal of Fee Dstsrmkratlon Under EquN Access to Justice ]220 Foreclosuro ^442 Employment Sentence ^781 Empl. Ret. Inc. ^~ Corrstltutlonea of ty ]230 Rsnt Lease a Ejectment Q443 Housing/ HABEAS CORPUS: Security Act ^870 Taxes (U.S. PlaintHf State Statutsa ]240 Torts to Lard Aeeomrrwdations ^b301'aoneral or Defendant) ^880 Other Statutory Actions , ]246 Tort Product LIabllity ^~ Wslfae ^835 Death Penalty ^871 IRS -Third Party ]290 All Other Reel Property ^440 Other Civil Rights ^640 Mandamus 3 Other 28 USC 7609 ^bb0 Civil Rights ~I. CAUSE OF ACTION (CITE THE U.S. CIVIL STATURE UNDER WHICH YOU ARE FILING AND WRITE . BRIEF STATEMENT OF CAUSE) 8 U.S.C. 1332 r~ 1446 d - endln removal 'll. REQUESTED IN ^ CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: YES ^ NO 111. RELATED CASE(S) IF ANY JUDGE ~R OFFICE USE ONLY ~ ECEIPT # AMOUNT f APPLYING IFP JUDGE MAG. JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DONNA CHAPPELEAR CIVIL ACTION NO: and her husband, . EVERETT E. CHAPPELEAR, Plaintiffs, REMOVAL FILED ON vs. AUGUST 27, 2007 WAL-MART STORES, INC. ELECTRONICALLY FILED Defendants. NOTICE OF REMOVAL TO THE HONORABLE JUDGES IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA: Defendant, Wal-Mart Stores, Inc., by and through its attorneys, Rawle & Henderson LLP, respectfully avers as follows: 1. Plaintiff commenced a civil action against defendants in the Court of Common Pleas of Cumberland County, Pennsylvania, with the filing of a Writ of Summons on or about July 12, 2007, as a result of an August 6, 2005 alleged 2]35156-1 incident involving a slip and fall at defendant's store. Subsequently, plaintiff filed a Complaint on or about August 15, 2007. See Exhibit "A" -Plaintiffs' Complaint. 2. Upon information and belief, the defendant was served on or about August 16, 2007 with Plaintiff's Complaint. 3. In Plaintiffs' Complaint, Donna Chappelear alleges that she sustained: 9. As a result of the fall at the Wal-Mart Store, the plaintiff sustained injuries to her neck, back, pelvic area, knees and legs. 10. The Plaintiff, Donna Chappelear, also sustained injuries causing significant pain and suffering and seeks damages for past, present and future pain and suffering as well as damages for any permanent injuries. 11. The Plaintiff also seeks payment of her medical expenses which they incurred and may incur in the future to treat the Plaintiff's as well as her future medical expenses for medical treatment, surgery and therapy. 17. The Plaintiffs, Donna Chappelear and Everett E. Chappelear, her husband, seek compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as the compensation for future losses they will incur in these areas. 18. The Plaintiff, Everett E. Chappelear seeks damages for the loss of socity he has sustained due to the inability of his wife to engage in pre-injury activities she enjoyed with her husband. The Plaintiff, Everett E. Chappelear, also seeks damages for the time he has spent as the primary caregiver in order to assist his wife with her painful injuries and disabilities. THEREFpRE, the Plaintiff, Donna Chappelear, seeks damages against the Defendant in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars together with the costs of this action and interest as permitted by law. 2135156-i r See Plaintiff's Complaint ¶¶ 9-11, 17-18 and the "therefore clause" attached hereto as Exhibit "A". 4. Based upon a fair reading of the Complaint, plaintiffs have 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. Plaintiffs Donna Chappelear and Everett E. Chappelear are citizens of the Commonwealth of Pennsylvania and upon information and belief reside at 106 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania. 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) Plaintiffs are citizens and residents of the Commonwealth of Pennsylvania; and (b) Defendant is not a citizen of the Commonwealth of Fennsylvania. 2135156-1 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 there from to this Honorable Court. RAWLE & By: Dated: 8 2, ~ ~ LLP wry N. Stewart, Esquire PA Identification No.: 67353 Michael T. Traxler, Esquire PA Identification No.: 90961 Attorneys for Defendant, Wal-Mart Stores, Inc. Payne Shoemaker Building 240 North Third Street, 9~' Floor Harrisburg, Pennsylvania 17101 gstewart@rawle.com mtraxler@rawle.com (717) 234-7700 (717) 234-7710 -Fax Our File No.: 250336 2135156-1 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within- captioned document 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: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 Counsel for Plaintiff RAWLE & Dated: -Z,''7.d~ Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Wal-Mart Stores, Inc. 2135156-1 c~ ~r ~ --' A ~~ nz~ ~ f cx3 ~~ ~-, l ~_ - = ~ :Y: ~~ r1 , E u i_ _.... t'a'i ~S3