HomeMy WebLinkAbout01-6348ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL TERM
:
: CIVIL ACTION - LAW
NOTICETODEFEND
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, order 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the
court. You must attend the scheduled conference or hearing.
2
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C~UNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this 7th day of November 2001 come the plaintiffs, ARIKA BAILEY
MATTHEWS and MERLE E. MATTHEWS, JR., by and through their attorneys, Irwin,
McKnight & Hughes, and makes the following Complaint against the defendants, OLLIE'S
BARGAIN OUTLET, INC. and MGB ENTERPRISES, INC. as follows:
The plaintiffs are Arika Bailey Matthews and Merle E. Matthews, Jr., who are adult
individuals residing at 5612 Erly Road, Elliottsburg, Pennsylvania 17024.
The defendant, Ollie's Bargain Outlet, Inc., is a Pennsylvania Corporation with a primary
business location situate at 6040 Carlisle Pike, Meehanicsburg, Pennsylvania 17055.
The defendant, MGB Enterprises, Inc., is a Pennsylvania Corporation with its primary
business address located at 6295 Allentown Boulevard, #A, Harrisburg, Pennsylvania 17112.
3
On February 5, 2000, the plaintiff, Arika Bailey Matthews, went to the business location
of Ollie's Bargain Outlet, Inc. as a business invitee. She was returning some items she had
previously purchased at the location of the business being 6040 Carlisle Pike, Mechanicsburg,
Pennsylvania 17040.
The property is owned by defendant, MGB Enterprises, Inc., and is leased to defendant,
Ollie's Bargain Outlet, Inc.
The plaintiff arrived at approximately 1:30 p.m. on February 5, 2000, and parked in the
parking lot of the business.
The plaintiffpicked up her seven (7) month old daughter and carried her along with the
several remm items toward the store entrance.
o
As the plaintiff, Arika Bailey Matthews, approached the entrance she tripped over a ridge
of ice located on the sidewalk and fell backwards onto said sidewalk.
4
area.
The ice was created by water dripping from broken spouting located above the sidewalk
10.
The plaintiff, Arika Bailey Matthews, was able to hold onto her child as she fell
backward onto the concrete sidewalk. Her child was not injured, but Arika Matthews sustained
injuries to her head, neck and back as well as her fight ann.
11.
The plaintiff, Arika Bailey Matthews, lay on the pavement for nearly one-half hour prior
to being transported by ambulance to Holy Spirit Hospital.
12.
The plaintiff sustained a concussion to her head and bruising injuries over a large portion
of her body.
13.
As a result of the fail, the plaintiff, Arika Bailey Matthews, has sustained damages
consisting of her lost wages and medical expenses.
14.
The plaintiff also sustained injuries causing significant pain and suffering and seeks
damages for pain and suffering as well as damages for any permanent injuries.
15.
The plaintiff, Merle E. Matthews, Jr., seeks damages for the loss of the society of his
wife, Arika Bailey Matthews, and seeks damages for said losses. The plaintiff, Merle E.
Matthews, Jr., also seeks damages for the costs and expenses incurred by the fall of his wife.
COUNT I
ARIKA BAILEY MATTHEWS and MERI,F. E. MATTHEWS, JR. v.
OLLIE'S BARGAIN OUTLET, INC.
16.
The averments of fact contained in paragraphs one (1) through fifteen (15) are hereby
incorporated by reference and are made a part of this Count.
17.
The defendant, Ollie's Bargain Outlet, Inc., was responsible for maintaining the property
and for removal of any ice and snow from the sidewalks leading to its store entrance.
18.
After the plaintiff, Arika Bailey Mathews, fell, the employees of the defendant, Ollie's
Bargain Outlet, Inc., admitted that they had no salt or any other item which would either melt the
ice of provide better footing over the ice. At the end of the time lying on the sidewalk, the
defendant's employees spread cat litter around the plaintiff as she awaited medical attention.
19.
The defendant, Ollie's Bargain Outlet, Inc., knew that the spouting over the sidewalk
needed repair and failed to repair the spouting nor did it remove the ice being formed under the
spouting.
6
20.
The defendant, Ollie's Bargain Outlet, Inc., failed to provide for any warning cones or
other warning signs of the ice formed upon the sidewalk. The most recent ice or snow storm had
occurred several weeks prior to the fall of the plaintiff, Arika Bailey Matthews.
21.
The defendant, Ollie's Bargain Outlet, Inc., was negligent in that it failed to do the
following:
a. Remove the ridge of ice that was forming and had formed on its sidewalk.
b. Provide any warning by the use of cones or signs of the icy conditions.
c. By failing to maintain and/or repair the defective spouting.
d. By failing to place any ice melt or other chemical on the ridge of ice over
which the plaintiff was expected to travel.
e. By failing to promptly provide medical attention to assist the plaintiff following
the fall.
22.
The negligence of the defendant, Ollie's Bargain Outlet, Inc., is the proximate cause of
the injuries sustained by the plaintiffs. The defendant had more than sufficient notice of the
dangerous conditions and took no actions to correct it.
WHEREFORE, the plaintiffs, Arika Bailey Matthews and Merle E. Matthews, Jr., seek
damages against the defendant, Ollie's Bargain Outlet, Inc., in excess of Twenty-Five Thousand
and no/100 ($25,000.00) Dollars together with the costs of this action and interest as permitted
by law.
COUNT II
ARIKA BAILEY MATTHEWS and MERLE E. MATTHEWS, JR. v.
MGB ENTERPRISES, INC.
23.
The averments of fact contained in paragraphs one (1) through twenty-two (22) are
hereby incorporated by reference and are made a part of this Count.
24.
The defendant, MGB Enterprises, Inc., was responsible for maintaining the property and
for removal of any ice and snow from the sidewalks leading to its store entrance.
25.
After the plaintiff, Arika Bailey Mathews, fell, the employees of the defendant, MGB
Enterprises, Inc., admitted that they had no salt or any other item which would either melt the ice
of provide better footing over the ice. At the end of the time lying on the sidewalk, the
defendant's employees spread cat litter around the plaintiffas she awaiting medical attention.
26.
The defendant, MGB Enterprises, Inc., knew that the spouting over the sidewalk needed
repair and failed to repair the spouting nor did it remove the ice being formed under the spouting.
27.
The defendant, MGB Enterprises, Inc., failed to provide for any warning cones or other
warning signs of the ice formed upon the sidewalk. The most recent ice or snow storm had
occurred several weeks prior to the fall of the plaintiff, Arika Bailey Matthews.
28.
The defendant, MGB Enterprises, Inc., was negligent in that it failed to do the following:
a. Remove the ridge of ice that was forming and had formed on its sidewalk.
b. Provide any warning by the use of cones or signs of the icy conditions.
c. By failing to maintain and/or repair the defective spouting.
d. By failing to place any ice melt or other chemical on the ridge of ice over
which the plaintiffwas expected to travel.
By failing to promptly provide medical attention to assist the plaintiff following
the fall.
29.
The negligence of the defendant, MGB Enterprises, Inc., is the proximate cause of the
injuries sustained by the plaintiffs. The defendant had more than sufficient notice of the
dangerous conditions and took no actions to correct it.
WHEREFORE, the plaintiffs, Arika Bailey Matthews and Merle E. Matthews, Jr., seek
damages against the defendant, MGB Enterprises, Inc., in excess of Twenty-Five Thousand and
no/100 ($25,000.00) Dollars together with the costs of this action and interest as permitted by
law.
Date: November 7, 2001
By:
Respectfully submitted,
IRWIN, M KNIGHT HUGHES
Marcus 4' Me,night, IIl,~squire
60 West Homfre e~&..~'
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiffs
9
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preraration of this action. I have head the statements made in this
document and they are tree and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unswom falsification to authorities.
Date: November 7, 2001
10
Karen S. Coates, Esquire
Attorney I.D. if 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
Vo
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
:
: JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Karen S. Coates, Esquire, and Thomas, Thomas & Hafer,
LLP, as attorneys for Defendants, Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc., in the
above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs'
Complaint.
Attorneys for Defendants,
OLLIE'S BARGAIN OUTLET, INC.
and MGB ENTERPRISES, INC.
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing document was served by
depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on
this date, on ail counsel of record as follows:
Marcus A. McKnight, IH, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Dated:
P
Karea S. Coates, Esquire
Aimmcy I.D # 52654
Thomas, Thomas & Hater, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0t,'99
(717) 237-7121
Attorneys for Defendants
ARIKA BAILEY MATTHEWS and
MERLE E. MATTttEWS, JR...
Her Husband,
Plaintift~
Vo
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COt IN'FY, PENNSYLVANIA
CIVIL ACTION --LAW
NO. 01-6348 CIVIL TERM
OLLIE'S BARGAIN ,.,1,, LE t, IN(,.,
and MGB ENTERPRISES, INC.,
Defendants
: JUkX; TRIAL DEMANDED
NO~IcEOF INi;EN ~ TO SER~E aUBPOI!.NAS ;
TO PR@DUCE DO~ [ MENI SAND ~ B1NGS ' ]
Deibndants intend to serve subpoenas identical to the ones ttmt are attached to tiffs notice.
You have twenty (20) days fi:om tl:e dat.~ iistcd bcJow ia whici~ fil~
to .... of record and serve upon the
t,nde:sh~'~'", -,~d- an ob}eclion, to fi~e 51lbpOei'l~!. If no ob ccao~' --' , .... i~ made, fl~e si~bpoena will be served.
Respectfi;!ly submitted.
~ A'l'l'_'b, EEQUIRE
Attorney for Defead,_u~ts
Attorney I.D. No.: 52654
Thonq::s, Thomas & Hatkr, LLP
305 North From Street
P.O. 13o:.: 999
Han'isburg, PA 17108-0999
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copY of the foregoing
document by first class mail, postage pre-paid, addressed to the following:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: November 15, 2002
THOMAS, THOMAS & HAFER, LLP
E~a~ara Onorato, Legal Assistan~
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 01-6348 CIVIL TERM
Defendants ' JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records medical re orts medical bills dia nostic
~:w~,t~s~..~88 ~,~o~fil~/~5C/~7Tscans and/orx-ra filmsre ardin ArikaBaile
at: Thomas Thomas & Haler, LLP 305 N. Front St. P.O. Box 999 Harrisbur PA 17108-
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it. '
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THECOURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
:
:
:
Defendants : JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,2~
TO: Dr. Todd Samuels, 875 Poplar Church Road, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic,
studies, notes, correspondence, MRI film~, CAT scans, and/or x-ray films regarding Arika Bailey
Matthews, SSN: 208-58-9373, d/o/b: 12/25/77
at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION ~- LAW
NO. 01-6348 CIVIL TERM
Defendants : JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTs OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Dr. Robert Michelini, 159 Center Road, New Bloomfield, PA
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records medical re orts medical bills dia nostic
studies notes cortes ondence MRI films CAT scans and/or x-ra films re ardin Arika Baile
Matthews, SSN: 208-58-9373, d/o/b: 12/25/77
at:
099~.homas Thomas & Haler LLP 305 N. Front St. P.O. Box 999 Harrisbur PA 17108-
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
;
: CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
Defendants : JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
_FOR DISCOVERY PURSUANT TO RULE 4009.27,
TO: Medicine Shoppe 1314, 48 Red Hill Court, Newport, PA 17074
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Corn lete co ies of an and all harmac records rescri tion notes corres ondence writin s
etc. for Arika Baile Matthews SSN: 208-58-9373 d/o/b: 12/25/77
at: Thomas Thomas & Haler LLP 305 N. Front St. P.O. Box 999 Harrisbur PA 17108-
099-~'.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BYTHECOURT:
Prothonotary/Clerk, Civil Division
Deputy
Karen S. Coates, Esquire
Attorney LD. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
Vo
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 01-6348 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
Plaintiffs Arika Bailey Matthews and Mede E. Matthews, Jr., Her Husband
c/o Marcus A. McKnight, m, Esquire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, Pennsylvania 17013
You are hereby notified that you are required to respond to the enclosed Answer
with New Matter within twenty (20) days of service or a judgment may be entered against
yOU.
Date:
>ates, EsquireX~
Attorney I.D. # 52654
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
LLP
Attorneys for Defendant
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attomeys for Defendants
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 01-6348 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT WITH NEW MATTER
And now, comes Defendants Ollie's Bargain Outlet Inc. and MGB Enterprises, Inc., by
and through their attorneys, Thomas, Thomas & Hafer, LLP, and file the within Answer to
Plaintiffs' Complaint:
1. Denied. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
2. Admitted in part and denied in part. It is admitted that Defendant Ollie's Bargain Outlet,
Inc. is a Pennsylvania corporation with a business location situated at 6040 Carlisle Pike,
Mechanicsburg, Pennsylvania 17055. It is, however, specifically denied that the business
location situate at the foregoing address is Defendant's "primary" business location and proof is
demanded.
3. Admitted.
4. Admitted in part and denied in part. It is admitted th~tt on or about February 5, 2000,
Plaintiff Arika Bailey Matthews was on the premises of Ollie's Bargain Outlet at 6040 Carlisle
Pike in Mechanicsburg. With respect to the allegation that Plaintiff was a "business invitee" the
allegation constitutes a legal conclusion to which no response is required. By way of further
answer, the remaining averments are specifically denied since after reasonable investigation,
Defendants are without knowledge or information sufficient to form a belief as to the truth of the
averments and proof is demanded.
5. Admitted.
6. Admitted in part and denied in part. It is admitted that Plaintiff was on Defendant's premises on
February 5, 2000. With respect to the time Plaintiff arrived and where Plaintiff parked, the averments are
specifically denied since after reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
7. Denied. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
8. Denied. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is .demanded.
9. Denied. It is specifically denied that there was any ice created by water dripping from broken
spouting located above the sidewalk area on Defendants' premises on or about February 5, 2000 and
proof is demanded.
10. Admitted in part and denied in part. It is admitted that Plaintiff's child was not injured while on
the Defendants' premises on February 5, 2000. With respect to the remaining allegations, the averments
are specifically denied since after reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments and proof is demanded.
11. Denied. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the troth of the averments and proof is demanded.
12. Denied. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments and proof is demanded.
13. Denied. The averments of paragraph 13 constitute legal conclusions to which no response is
required. By way of further answer, it is specifically denied that any conduct on the part of Defendants
resulted in Plaintiff's alleged fall and/or damages in the form of lost wages and medical expenses and
proof is demanded.
14. Denied. The averments of paragraph 14 constitute legal conclusions to which no response is
required. By way of further answer, it is specifically denied that Plaintiff Arika Matthews sustained
injuries resulting in significant pain and suffering and/or permanent injuries and proof is demanded.
15. Denied. The averments of paragraph 15 constitute legal conclusions to which no response is
required. By way of further answer, it is specificaily denied that Plaimiff Mede E. Matthews is entitled to
damages for the loss of society of his wife, Arika Bailey Matthews, and/or the losses were the
responsibility of Defendants and proof is demanded. Furthermore, it is specifically denied that Plaintiff
Merle E. Matthews is entitled to damages for costs and expenses he allegedly incurred as a result of his
wife's fall and proof is demanded.
COUNT I
Arika Bailey Matthews and Merle E. Matthews v. Ollie's Bargain Outlet~ Inc.
16. Paragraphs I to 15 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by
reference.
17. Admitted in part and denied in part. It is admitted that on or about February 5, 2000, Defendant
Ollie's Bargain Outlet was responsible for maintaining the property at 6040 Carlisle Pike in
Mechanicsburg. It is, however, specifically denied that said responsibility required the removal of "any
ice and snow from the sidewalks leading to its store entrance" and proof is demanded. By way of further
answer, Defendant's obligation was to exercise reasonable care with respect to maintenance of the
property and to address those conditions of which it had actual or constructive notice. It is, however,
specifically denied that at any time herein mentioned, Defendant failed to fulfill its responsibility of
maintaining the property and proof is demanded.
18. Admitted in part and denied in part. It is admitted that at some point on February 5, 2000,
Defendant spread cat litter and non-skid material along the sidewalk. It is, however, specifically denied
that Defendant and/or its employees admitted that they had no salt or any other item which would melt the
alleged ice or provide better footing over the alleged ice and proof is demanded. Moreover, it is
specifically denied that the non-skid material was spread "at the end of the time" Plaintiff was lying on
the sidewalk as she "awaited medical attention" and proof is demanded.
19. Denied. It is specifically denied that the spouting over the sidewalk needed repair and/or that
Defendant Ollie's Bargain Outlet had knowledge that such repain~ were necessary. Moreover, it is
specifically denied that Defendant Ollie's Bargain Outlet knew that the spouting over the sidewalk needed
repair and failed to repair the spouting and/or remove the ice being formed under the spouting and proof
is demanded. Defendant specifically denies that it had notice or knowledge of any such condition and
proof is demanded.
20. Denied. With respect to the averment regarding the time when ice or snow last fell in relation to
Plaintiff's fall, the averment is specifically denied since after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to the truth of the averment and proof is
demanded. The remaining averments, with respect to the alleged failure of Defendant to provide warning
cones or other signs of the ice formed upon the sidewalk is specifically denied and proof is demanded.
By way of further answer, Defendant had no actual or constructive notice of the allegedly icy condition
upon the sidewalk and proof is demanded.
21. Denied. The averments of paragraph 21, including subparagraphs (a) through (e) constitute legal
conclusions to which no response is required. By way of further answer, it is specifically denied that
Defendant OIlie's Bargain Outlet, Inc. was negligent in any manner whatsoever. Furthermore, it is
specifically denied that Defendant Ollie's Bargain Outlet was negligent in that it failed to do the
following:
(a) Remove the ridge of ice that was forming and had formed on its sidewalk and proof is
demanded;
(b) Provide any warning by the use of cones of sign.,; of the icy conditions and proof is
demanded;
(c) Failing to maintain and/or repair the defective spouting and proof is demanded;
(d) Failing to place any ice melt or other chemical on the ridge of ice over which the Plaintiff
was expected to travel and proof is demanded;
(e) Failing to promptly provide medical attention to assist the Plaintiff following the fall and
proof is demanded.
22. Denied. The averments of paragraph 22 constitute legal conclusions to which no response is
required. By way of further answer, it is specifically denied that Defendant Ollie's Bargain Outlet, Inc.
was negligent in any manner whatsoever. Furthermore, it is specifically denied that any conduct on the
part of Defendant Ollie's Bargain Outlet was the proximate cause of the injuries sustained by the
Plaintiffs and proof is demanded. Finally, it is specifically denied that any dangerous condition existed
on Defendant's premises and/or that Defendant had notice of any such condition and unreasonably failed
to take action to correct it and proof is demanded.
WHEREFORE, Defendant Ollie's Bargain Outlet, Inc. requests that this Court enter judgment it
in its favor and against Plaintiffs Arika Bailey Matthews and Merle E. Matthews together with costs of
suit.
COUNT II
ARIKA BAILEY MATTHEWS and MERLE E. MATTHES~ JR. V. MGB ENTERPRISES~ INC.
23. Paragraphs 1 to 22 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by
reference.
24. Denied. The averments of paragraph 24 constitute legal conclusions to which no response is
required. By way of further answer, the averments are specifically denied and proof is demanded.
25. Denied. It is specifically denied that any employees of Defendant MGB Enterprises, Inc. were on
the premises at the time of PlaintifFs fall. Accordingly, the remaining: averments are specifically denied
and proof is demanded.
26. Denied. It is specifically denied that Defendant MGB Enterprises, Inc. was responsible for
maintaining the property at the time of the aforementioned incident and proof is demanded. Moreover, it
is specifically that the spouting over the sidewalk needed repair and/or that Defendant MGB Enterprises,
Inc. had knowledge that such repairs were necessary and proof is demanded. Furthermore, it is
specifically denied that there was any ice formed under the spouting and/or that Defendant MGB
Enterprises, Inc. had notice of any such condition and proof is deman.ded.
27. Denied. With respect to the averment regarding the time when ice or snow last fell, in relation to
Plaintiff's fall, the averments are specifically denied since after reasonable investigation, Defendant is
without knowledge or information sufficient to form a belief as to the troth of the averment and proof is
demanded. The remaining averments are specifically denied and proof is demanded. By way of further
answer, Defendant did not have actual or constructive notice of the allegedly icy condition upon the
sidewalk and proof is demanded.
28. Denied. The averments of paragraph 21, including subparagraphs (a) through (e) constitute legal
conclusions to which no response is required. By way of further ~mswer, it is specifically denied that
Defendant MGB Enterprises, Inc. was negligent in any manner whatsoever. Furthermore, it is
specifically denied that Defendant MGB Enterprises, Inc. was negligent in that it failed to do the
following:
(a)
(b)
Remove the ridge of ice that was forming and had fl)rmed on its sidewalk and proof is
demanded;
Provide any warning by the use of cones of signs of the icy conditions and proof is
demanded;
(c)
(d)
(e)
Failing to maintain and/or repair the defective spouting and proof is demanded;
Failing to place any ice melt or other chemical on the ridge of ice over which the plaintiff
was expected to travel and proof is demanded;
Failing to promptly provide medical attention to assist the plaintiff following the fall and
proof is demanded.
29. Denied. The averments of paragraph 29 constitute legal conclusions to which no response is
required. By way of further answer, it is specifically denied that Defendant MGB Enterprises, Inc. was
negligent in any manner whatsoever. Furthermore, it is specifically denied that any conduct on the part of
Defendant MGB Enterprises, Inc. was the proximate cause of the injuries sustained by the Plaintiffs and
proof is demanded. Finally, it is specifically denied that any dangerous condition existed on Defendant's
premises and/or that Defendant had any notice of any such condition and somehow unreasonably failed to
take action to correct it and proof is demanded.
WHEREFORE, Defendant MGB Enterprises, Inc. requests that this Court enter judgment it in its
favor and against Plaintiffs Arika Bailey Matthews and Merle E. Matthews together with costs of suit.
NEW MATTER
30. Paragraphs 1 to 29 of Defendants' Answer to Plaintiffs' Complaint are hereby incorporated by
reference.
31. Plaintiffs' claims are barred by the statute of limitations.
32. Plaintiffs' cause of action is barred by the contributory negligence of Plaintiff Arika Bailey
Matthews.
33. The provisions of the Pennsylvania Comparative Negligence Act apply in this case to limit or bar
Plaintiffs' cause of action.
34. Plaintiff assumed the risk of her conduct.
35. Plaintiffs' complaint must be dismissed for lack of actual and/or constructive notice to
Defendants of any allegedly dangerous condition existing on their pre, mises on or about February 5, 2000.
36. Any acts of omissions of Defendants Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc. were
not substantial, causative factors of the alleged incident and/or did not result in the losses, expenses and
damages alleged by the Plaintiffs.
37. The injuries and damages allegedly sustained by Plaintiffs were caused by the negligence and
carelessness of Plaintiff Afika Bailey Matthews as follows:
(a) Failing to watch where she was walking;
(b) Failing to maintain a proper lookout;
(c) Failing to use due caution and care under the circumstances, including failure to observe
an open and obvious condition;
(d) Failing to discovery and/or observe the aileged detect and/or the allegedly dangerous
condition;
(e)
(f)
(g)
(h)
Failing to take precaution to avoid injury;
Failing to take an alternative route which was available to her, which would have
provided a safe means of access;
Failing to request assistance and/or failing to leave the sidewalk and go to an area where
no allegedly dangerous condition existed, when there was such an area available to
Plaintiff;
Failing to exercise reasonable care for her own safety.
38. On or about February 5, 2000, there were no dangerous or defective conditions existing on
Defendants' premises.
39. If, in fact, there was any dangerous and/or defective condition on Defendants' premises on or
about February 5, 2000, said condition was open and obvious to persons exercising reasonable care for
their own safety.
40. Defendants are entitled to a credit for any and all medical payments made to or on behalf of
Plaintiff Arika Bailey Matthews, arising out of the aforementioned incident, including but not limited to
$5,397.45.
WHEREFORE, Defendants, Ollie's Bargain Outlet, Inc. and MGB Enterprises, Inc. request that
this Court enter judgment it in their favor and against Plaintiffs Arika Bailey Matthews and Merle E.
Matthews together with costs of suit.
Respectfully submitted,
~ ~ afer LLP
)ATES, ESQUIRE
Attorney for Defendants
Attorney I.D. No.: 52654
Thomas, Thomas & Haler, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
VERIFICATION
I, ])~ltd) ~ ¢~C~Q ., an authorized representative of MGB Enterprises, Inc.,
Defendant in this action, do hereby verify that the statements made in the foregoing ANSWER TO
COMPLAINT WITH NEW MATTER are true and con'ect to the best of my knowledge, information mid
belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904
relating to unswom falsification to authorities.
Date: ](fl~V~ /~ ,2002
CERTIFICATE OF SERVICE_
I do hereby certify that on this day I served a true and correct copy of the foregoing
document by first class mail, postage pre-paid, addressed to the following:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date:
2O02
12
Karen S. Coates, Esquire
Attorney I.D. # 52654
Thomas, Thomas & Hafer, LLP
305 North From Street
P. O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7121
Attorneys for Defendants
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
.
:
: JURY TRIAL DEMANDED
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Defendant certifies that:
(1) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which the subpoena
is sought to be served.
(2) A copy of the notice of intern, including the proposed subpoena, is attached to this
certificate.
(3) Marcus A. McKnight, III, Attomey for the Plaintiff, has waived the twenty day
role.
4) The subpoenas which will be served are identical to the subpoena which are
attached to the notice of intent to serve the subpoena.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
KAREN S. COATES, ESQUIRE
Attorney fi>r Defendants
Attorney I.D. No.: 52654
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
document by first class mail, postage pre-paid, addressed to the following:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: December 10, 2002
THOMAS, THOMAS & HAFER, LLP
Barbara Onorato, Legal Assistant
Karen S. Coates, Esquire
Attorney I,D. # 52654
Thomas. Thomas & HalEr. LLP
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108-0,q99
(717) 237-7121
Attomeys for Defendants
ARIKA B ; '
ALLEY MAITHES~ S and
MERJ, E E. MATTtlEWS, JR...
H.r Husband,
PlaintifI2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COL~'['Y. PENNSYLVANIA
CIVIL ACTION -.- LAW
NO. 01-6348 CIVIL TERM
OLLIE'S BARGAIN OU I LE t, 1NC.,
and MGB ENTERPRISES, [NC.,
Defendants
JUK¥ TRIAL DEIvlANDED
N TICE OF INTENT TO SERVE SUBPOENAS
TO PRODUCE DOCUMENTS AND TI]INGS FOR
DISCOVERY PURSU.~uNT TO RULE 4009,21
Defendants intend to serve subpoenas identical to the ones tlmr are attached to this notice.
You have twenty (20) days fi'mn tl:e date ii,ted beJow i,~ which '~o ;t~
,- ._ f,..- ofreccrd m~d serve upon the
tmdersigned an objection to ;.he subpc, e;~:~. 11' no objection is made, the s'abpoena will be served.
Respectfi'dly submi~ed.
j
7b'l
Attorney for Defendants
Attorney 1.1,9. No.: 52654
Thomas, Thomas & Hafer, LLP
305 Nmxh Front Slreet
P.O. Box 999
HmMsbm'g, PA 17108-0999
CERTIFICATE OF SERVICE
I do hereby certify that on this day I served a true and correct copy of the foregoing
document by first class mail, postage pre-paid, addressed to the following:
Marcus A. McKnight, III, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Date: November 15, 2002
THOMAS, THOMAS & HAFER, LLP
Barbara Onorato, Legal Assistant
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
..
: CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
:
:
Defendants : JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
.FOR DISCOVERY PURSUANT TO RULE 4009.~¢
TO: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA. 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnostic:
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray filrn~ regarding Afika Bailey
Matthews. SSN: 208-58-9373, d/o/b: 12/25/77 -
at: Thomas, Thomas & Haler, LLP 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108
0999. '
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Com't
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 01-6348 CIVIL TERM
Defendants : JURY TRIAL, DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.27
TO: Dr. Todd Samuels, 875 Poplar Church Road, Camp Hill, PA 17011
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all medical records, medical reports, medical bills, diagnosti{.:
studies, notes, correspondence, MRI films, CAT scans, and/or x-ray films regarding Arika Bailey
Matthews, SSN: 208-58-9373, d/o/b: 12/25/77
at: .Thomas, Thoma~ & Hafer, LLP, 305 N. Front St., P.O Box 999, Harrisburg, PA 17108
0999.
(Address)
You may deliver or mall legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fall to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
NO. 01-6348 CIVIL TERM
Defendants : JURY TRIAL. DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2 ~,
TO: Dr. Robert Michelini, 159 Center Road, New Bloomfield, PA
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Com lete co ies of an and all medical records medical re orts medical bills dia nostia
studies notes cortes ondence MRI films CAT scans and/or x-fa films re ardin Arika Balle
Matthews, SSN' 20. -8 58.9373, d/o/b: 12/25/77
at: ~, LLP 305 N. Front St., P.O. Box 999 Harrisbur PA
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or prOducing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek .a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
Her Husband,
Plaintiffs
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
: IN THE COUiRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
· CIVIL ACTION -- LAW
: NO. 01-6348 CIVIL TERM
:
:
:
Defendants : JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.27,
TO: Medicine Shoppe 1314, 48 Red Hill Court, Newport, PA 17074
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following documents or things:
Complete copies of any and all pharmacy records, prescription notes, correspondence, writings,
etc. for Afika Bailey Matthews, SSN: 208-58-9373. d/o/b: 12/:25/77
at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108
0999.
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the
address listed above. You have the right to seek in advance, the reasonable cost of preparing the
copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to
comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Karen S. Coates, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7121
SUPREME COURT ID#: 52654
ATTORNEY FOR: Defendant
DATE:
Seal of the Court
BY THE COURT:
Prothonotary/Clerk, Civil Division
Deputy
ARIKA BAILEY MATTHEWS and
MERLE E. MATTHEWS, JR.,
PLAINTIFFS
Vo
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
DEFENDANTS
: IN THE COURT OF' COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6348 CIVIL TERM
: CIVIL ACTION - LAW
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Esquire, at 60 West Pomfret Street, Carlisle,
Certificate to Marcus A. McKnight, III,
Pennsylvania 17013.
By:
Respectfully submiitted,
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: September 30, 2004
ARIKA BAILEY MATTHEWs and
MERLE E. MATTHEws, JR.,
PLAINTIFFS
OLLIE'S BARGAIN OUTLET, INC.,
and MGB ENTERPRISES, INC.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6348 CIVIL TERM
CIVIL ACTION - LAW
C~ERTIFICATE OF SERVICI~
I, Marcus A. McKnight,/~I, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
Stephen E. Geduldig, Esq.
Thomas, Thomas & Hafer
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
Date: September 30, 2004
By:
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476