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HomeMy WebLinkAbout03-5990ANGINO & ROVNER, P.C. 4503 Norih Front Streel Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail jdecinti~angino-rovner.com GLORIA D. PHILLIPS and ROYC. PHILLIPS, her husband, Plaintiffs C & T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr., and Jeanne E. Kinsler, individually and t/d/b/a C & T Wholesale Company, Defendants Attorneys for Plaintiffs: Gloria D. Phillips and Roy C Phillips 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. JURY TKIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be issued and forwarded to ( ) Attorney (x) Sheriff Date: James DeCinti, Esquire I.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. ~.t~..j ~. ~COZe~ Prothonotary ~e~puty,~ GLORIA D. PHILLIPS and ROY C. PHILLIPS, Plaintiffs C&T WHOLESALE COMPANY, CHARLES H. KINSLER, SR., CHARLES H. KINSLER, JR. and JEANNE E. KINSLER, individually and t/d/b/a C&T WIIOLESALE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5990 JURY TI~3[AL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendants C&T Wholesale Company, Charles II. Kinslcr, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 70102 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 CERTIFICATE OF SERVICE ANDNOW, this~___ dayof fi~]~ _, 200_"~, I, ColeenM. Polek, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the stone in the United States Mail, postage prepaid, to the following: James DeCinti, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Coleen M. Polek GLORIA D. PHILLIPS and ROY C. PHILLIPS, Plaintiffs C&T WHOLESALE COMPANY, CHARLES H. KINSLER, SR., CHARLES H. KINSLER, JR. and JEANNE E. KINSLER, individually and t/d/b/a C&T WHOLESALE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW qO. 03-5990 IURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Please issue a rule upon Plaintiff to file a Complaint in the above matter within 20 days after service of the rule or suffer a judgment of non pros. I.D. No. 70102 305 North Front Street Sixth Floor P.O. Box 999 Han'i~,~burg, PA 17108-0999 (717) 255-7626 RULE ,2003, RULE ISSUED AS ABOVE. /~ Protho o , f/ SHERIFF'S RETURN - REGUI2tR CASE NO: 2003-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI2tND PHILLIPS GLORIA D ET AL VS C & T WHOLESALE COMPANY ET AL BRYAN WARD Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS C & T WHOLESALE COMPANY DEFENDANT , at 0905:00 HOURS, on the at CARLISLE PLAZA MALL CARLISLE, PA 17013 CHARLES H KINSLER SR a true and attested copy of WRIT OF SUMMONS Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 18th day of November , 2003 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 11/19/2003 ANGINO & ROVNER Depu~ ~Sheriff Prothonotary SHERIFF'S RETURN CASE NO: 2003-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS GLORIA D ET AL VS C & T WHOLESALE COMPANY ET AL - REGULAR BRYAN WARD , Cumberland County, Pennsylvania, says, the within WRIT OF SUMMONS was served upon KINSLER CHARLES H SR the DEFENDANT , at 0905:00 HOURS, on the 18th day of November , Sheriff or Deputy Sheriff of who being duly sworn according to law, CARLISLE PLAZA MALL by handing to together with at C & T WHOLESALE CARLISLE, PA 17013 CHARLES H KINSLER SR a true and attested copy of WRIT OF SUMMONS 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline li/i9/2003 ANGINO & ROVNER By: /~Depu~t e~i~f/j / Prothonotary SHERIFF'S RETURN CASE NO: 2003-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS GLORIA D ET AL VS C & T WHOLESALE COMPANY ET AL - REGULAR BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS KINSLER CHARLES H JR DEFENDANT , at 0905:00 HOURS, at C & T WHOLESALE COMPANY CARLISLE, PA 17013 CHARLES H KINSLER SR a true was served upon the on the 18th day of November , CARLISLE PLAZA MALL by handing to ADULT IN CHARGE 2003 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 11/19/2003 ANGINO & ROVNER Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS GLORIA D ET AL VS C & T WHOLESALE COMPANY ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS KINSLER JEANNE E DEFENDANT , at 0905:00 HOURS, at C & T WHOLESALE COMPANY CARLISLE, PA 17013 CHARLES H KINSLER SR a true and attested copy of WRIT OF was served upon the on the 18th day of November , 2003 CARLISLE PLAZA MALL by handing to ADULT IN CHARGE SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. SO Answers: R. Thomas Kline 11/19/2003 ANGINO & ROVNER Prothonotary SHERIFF'S RETURN CASE NO: 2003-05990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHILLIPS GLORIA D ET AL VS C & T WHOLESALE COMPANY ET AL - REGULAR BRYAN WARD , Cumberland County,Pennsylvania, says, the within WRIT OF SUMMONS was served upon KINSLER JEANNE K T/D/B/A C & T WHOLESALE COMPkNY the DEFENDANT , at 0905:00 HOURS, on the 18th day of November , Sheriff or Deputy Sheriff of who being duly sworn according to law, 2003 at C & T WHOLESALE COMPANY CARLISLE, PA 17013 CHARLES H KINSLER SR a true and attested copy of WRIT OF SUMMONS CARLISLE PLAZA MALL by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 11/ 9/2003 ANGINO & ROVNER By: ~_._~ ~ 1~/~ / Deputy ~Sheri f f Prothonotary ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail jdecinti~angino-rovner.com Attorneys for Plaintiffs: Gloria D. Phillips and Roy C. Phillips GLORIA D. PHILLIPS and ROY C. PHILLIPS, her husband, Plaintiffs C & T WHOLESALE COMPANY, CHARLES H. K1NSLER, SR., CHARLES H. KINSLER, JR., and JEANNE E. KINSLER, individually and t/d/b/a C & T WHOLESALE COMPANY, Defendants 1N TIdE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2003-05990 JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Gloria D. Phillips and Roy C. Phillips are adult individuals residing in the state of Maryland. 2. Defendants Charles H. Kinsler, Sr., Charles H. Kinsler, Jr., and Jeanne Kinsler are adult individuals residing in Cumberland County, Pennsylvania, and who, it is believed, operate a business known as C & T Wholesale Co. in Cumberland County. 3. Defendant C & T Wholesale is a business entity doing business in Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter stated occurred on or about November 23, 2001, at Defendants' place of business located at the Carlisle Plaza Mall, Carlisle, Cumberland County, Pennsylvania. 5. At that time and place, Plaintiff Gloria D. Phillips was a customer in Defendants' place of business and was shopping. 6. While she was shopping and as she was in an aisle of the store, a number of pictures which were stacked on a top shelf came crashing down on Ms. Philips's neck, shoulder, arm and hand. Plaintiffs believe and therefore aver that Defendants were negligent in the following manner: (a) (b) creating a hazard, dangerous to business invitees, such as PlaintiffGloria Phillips; negligently displaying merchandise in such a manner as fell on a business invitee, such as Plaintiff Gloria Phillips; (c) failing to properly display merchandise without creating a dangerous condition; and (d) maintaining a hazardous and dangerous condition on their property not open and obvious to business invitees, such as Gloria Phillips. 8. The negligence of Defendants as stated above was the proximate and factual cause of the injuries and damages of Plaintiffs as stated below. CLAIM I Gloria D. Phillips v. Defendants Paragraphs 1 through 8 of Plaintiffs' Complaint are incorporated herein by reference. 10. As a direct and proximate result of the negligence of Defendants, Plaintiff Gloria D. Phillips sustained injury to her neck, shoulder, arm, hand and fingers. 11. As a direct and proximate result of the negligence of Defendants and the injuries caused thereby, Plaintiff Gloria D. Phillips has sustained and will sustain in the future the following damages recognized by Pennsylvania law and for which claim is hereby made: (a) (b) (c) 269248, I Xj D\SC past medical bills; future medical bills; past pain and suffering; 2 VERIFICATION We, Gloria D. and Roy C. Phillips, Plaimiffs, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. We understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Dated: Dated: Gloria D. Phillips Roy Ci'~hi '; ~- 269254.1 XJD\SC CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing COMPLAINT was served via United States first-class mail, postage prepaid, upon the following: Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for All Defendants Dated: 12/15/03 i~~_,_~. l~at~erine D. Zirnrheff' GLORIA D. PHILLIPS and ROY C. PHILLIPS, Plaintiffs C&T WHOLESALE COMPANY, CHARLES H. KINSLER, SR., CHARLES H. KINSLER, JR. and JEANNE E. KINSLER, individually and t/d/b/a C&T WHOLESALE COMPANY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5990 JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereo£or a de£anlt judgment may be entered against you. ANSW~ER WITH NEW MATTER AND NOW, come Defendants C&T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company, by and through their attorneys, Thomas, Thomas & Ha£er, LLP, and file the £ollowing Answer with New Matter: l. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 1 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 2. Admitted in part and denied in part. It is denied that Defendant Charles H. Kinsler, Sr. is a resident of Cumberland County. It is admitted that Defendants Charles H. Kinsler, Jr. and Jeanne Kinsler are residents of Cumberland County. It is admitted also that at all times material hereto Jeanne Kinsler and possibly Charles H. Kinsler, Jr. were the owners of C&T Wholesale Company. Any and all remaining allegations of paragraph 2 of Plaintiffs' Complaint are denied and proof thereof is demanded at time of trial. Admitted. 4. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 4 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 5. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 5 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial 6. Denied. )mswering Defendants are without information or belief as to the truth of the averments of paragraph 6 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 7. (a-d). Denied. The allegations contained in paragraphs 7 (a-d) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). 8. Denied. The allegations contained in paragraph 8 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). CLAIM 1 Gloria D. Phillips v. Defendants 9. Answering Defendants incorporate by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 10. Denied. The allegations contained in paragraph 10 are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa,R.C.P. 1029(e). 2 11. (a-h). Denied. The allegations contained in paragraphs 11 (a-h) are conclusions of law to which no response is required. To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants C&T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company respectfully request that judgment be entered in their favor and against Plaintiffs Gloria D. Phillips Roy C. Phillips. CLAIM I1 Roy C. Phillips v. Defendants 12. Answering Defendants incorporate by reference the answers to Plaintiffs' Complaint as though the same were fully set forth herein at length. 13. Denied. Answering Defendants are without information or belief as to the truth of the averments of paragraph 13 of Plaintiffs' Complaint and the same are therefore denied and proof thereof is demanded at time of trial. WHEREFORE, Defendants C&T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company respectfully request that judgment be entered in their favor and against Plaintiffs Gloria D. Phillips Roy C. Phillips, NEW MATTER 14, Some or all of Plaintiffs' claims may be barred by the expiration of the applicable statute of limitations. l 5. Some or all of Plaintiffs' claims may be barred or reduced by Plaintiffs' failure to mitigate their damages. 16. Some or all of Plaintiffs' claims and/or injuries may have been caused by parties other than Answering Defendants. 17. Some or all of Plaintiffs' claims and/or injuries may have been caused by Plaintiff's contributory and/or comparative negligence. WHEREFORE, Defendants C&T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company respectfully request that judgment be entered in their favor and against Plaintiffs Gloria D. Phillips Roy C. Phillips. Respectfully submitted, ~' 2-- by: ~. Foland, Esquire I.D. No. 70102 ' 305 North Front Street, 6th Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7626 Attomeys for C&T Wholesale Company, Charles H. Kinsler, Sr., Charles H. Kinsler, Jr. and Jeanne E. Kinsler, individually and t/d/b/a C&T Wholesale Company 4 VERIFICATION I, Jeaniae Kinsler, have read the foregoing Answer with New Matter and hereby affirm that it is tree and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. Je ~acr~e Kinsler VERIFICATION I, Charles H. Kinsler, Jr., have read the foregoing Answer with New Matter and hereby affirm that it is tree and correct to the best of my personal knowledge, information and belief.. This Verification and statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. CERTIFICATE OF SERVICE ~ow, ~,s/,~yo~?~, ~oo~, ~o,~. ~o~e~, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a tree and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: James DeCinti, Esq. Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Coleen M. Polek ANGINO & ROVNER, P.C. James DeCinti, Esquire I.D. No. 77421 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-679 I FAX (717) 238-5610 E-mail idecinti~angino-rovner.com GLORIA D. PHILLIPS and ROY C. PHILLIPS, her husband, Plaintiffs C & T WHOLESALE COMPANY, CHARLES H. K1NSLER, SR., CHARLES H. K1NSLER, JR., and JEANNE E. KINSLER, individually and t/d/b/a C & T WHOLESALE COMPANY, Defendants Attorneys for Plaintiffs: Gloria D. Phillips and Roy C. Phillips 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION LAW NO. 2003-05990 JURY TR2AL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued with prQudice. Respectfully submitted, Date: ANGINO & ROVNER, P.C. ~'-J '~es L,~e~ire I.D. No. 77421 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 278408-1 CERTIFICATE OF SERVICE I, Katherine D. Zimmerman, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE was served via United States first-class mail, postage prepaid, upon the following: Brooks R. Foland, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for All Defendants Dated: ne D. Zimm~a~ 278408-1