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HomeMy WebLinkAbout08-2491IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: Dg - 01191 -- Plaintiff v' I IetIN V. GIANT FOOD STORES INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: O F- a y I I C A?J IZ, Plaintiff ; V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Plaintiff is an adult individual residing at 165 Northeast 65th Street, Miami, Florida. 2. Defendant, Giant Food Stores, Inc. is a Pennsylvania corporation in the business of selling retail food to consumers, with offices located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. On or about April 20, 2006, plaintiff purchased some chicken from the defendant at its New Cumberland, Pennsylvania store. 4. On or about April 20, 2006, plaintiff cooked and consumed the chicken that he purchased from the defendant. 5. After eating the chicken, plaintiff became ill from food poisoning. 6. Plaintiff believes and therefore avers that the defendant sold him chicken that was tainted and was the cause of plaintiff's food poisoning. COUNT I - STRICT PRODUCTS LIABILITY 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. Defendant sold plaintiff a defective product, to wit, chicken, that was defective in that it was infected with or tainted by salmonella or another pathogen. 9. As a direct and proximate result of the defendant's defective food product, plaintiff suffered, is suffering and will continue to suffer personal injuries, including, but not limited to the following: A. Pain and suffering; B. Mental anguish, discomfort and inconvenience; C. Loss of life's pleasures; D. Embarrassment and humiliation; and E. An impairment of health and sense of well being; 10. As a direct and proximate result of the defendant's defective food product, Plaintiff has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to, past, present and future medical expenses and prescription fees. WHEREFORE, Plaintiff Ronald Flagler respectfully requests Your Honorable Court to enter judgement in his favor and against Giant Food Stores, Inc. in an amount in excess of the compulsory arbitration limits, together with costs, interest and such other relief as is deemed appropriate. DATE: Girard 'ckards, Esquire 44 East Philadelphia Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiff's Complaint 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 is that of counsel and not my own. To the extent that the contents are based on 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 are that of counsel. 1 have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn Usitication to authorities. Ronald 1=lagler Date: -3 /, 8/o' r- -TI 26 26 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02491 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGLER RONALD VS GIANT FOOD STORES INC KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIANT FOOD STORES INC the DEFENDANT , at 0009:52 HOURS, on the 23rd day of April 2008 at 1149 HARRISBURG PIKE CARLISLE, PA 17013 by handing to JOHN MANK CORPORATE SECURITY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage 18.00 5.00 .00 10.00 41 33.41 So Answers: R. Thomas Kline 04/24/2008 GIRARD RICKARDS Sworn and Subscibed to By: before me this day of A.D. F:\FILES\Clients\MAC9500\Curent\466\9500.466.pral\mas Created: 9/20/04 0:06PM Revised: 515108 4:29PM 9500.466 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-2491 CIVIL ACTION - LAW GIANT FOOD STORES, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MAR' By yeerge ti. racier, jr., D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 7, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 MARTSON LAW OFFICES By (-MMelissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 7, 2008 ? ao p ``J Lp fT ? Lam. No F:\FILES\CGmts\MAC9500\CucrmtW66\9500.466.p?a2\mas Created: 9/20/04 0:06PM Revised: 6/13/08 9:15AM 9500.466 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, : Plaintiff, V. GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2491 CIVIL ACTION - LAW ALLEN FAMILY FOODS, INC., Additional Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Summons upon Allen Family Foods, Inc., 126 North Shipley Street, Seaford, Delaware 19973-3100, to join them as an Additional Defendant and return it to our office for service. Dated: June 13, 2008 MARTSON LAW OFFICES By GdorW B. FaIlef,, Jr., N I.D. No. 49813 Ten East High Street / Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 MARTSON LAW OFFICES By 4Mt?? a Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 13, 2008 p cxa 1_ WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to ALLEN FAMILY FOODS, INC., 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 You are notified that GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC., has joined you as an additional defendant in this action, which you are required to defend. Date: JUNE 139 2008 2?6?- ?ff?- --- rtis R. Lo on ry By: Deputy (Seal) No. 08-2491 Civil Term RONALD FLAGLER vs GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC. Defendant ALLEN FAMILY FOODS, INC. 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT GEORGE B. FALLER, JR., ESQUIRE MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 I.D. # 49813 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, Plaintiff, V. GIANT FOOD STORES, INC., Defendant NO.: 08-2491 CIVIL ACTION - LAW PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Girard E. Rickards, Esquire to 135 South Duke Street, York, Pennsylvania 17401. Date: 41-ak Girar . Rickards, Esquire Attorney Id No. 58867 135 South Duke Street York, PA 17401 717 845-4038 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff, CIVIL ACTION - LAW v. GIANT FOOD STORES, INC., Defendant CERTIFICATE OF SERVICE I, Amy Menache, do hereby certify that on this day I have served the Defendant with a true and correct copy of the foregoing Praecipe For Change of Address Upon The Record, via first class mail, postage prepaid as follows: George B. Faller, Jr., Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Amy ache, Legal Assistant DATE: C7' G ? -a 1„ _ G? µ 3 ?: F:\FILES\Clieats\MAC9500\Cu rcM\466\9500.466.at5davit1/nlm Created: 9/20/04 0:06PM Revised: 7/8/08 11:46AM 9500.466 George B. Faller, Jr., Esquire I.D. No. 49813 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant, V. ALLEN FAMILY FOODS, INC., Additional Defendant. : NO. 08-2491 CIVIL ACTION - LAW : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Trudy E. Fehlinger, Esquire, Attorney for Defendant Giant Food Stores, LLC, incorrectly captioned as Giant Food Stores, Inc., being duly sworn according to law, depose and state that a copy of the attached Writ to Join Additional Defendant was served on the following via certified mail on the 20th day of June, 2008. Swo to and subscribed before me this $%day of 7Li? , 2008. Notary Public MARTSON LAW OFFIC t By , ,14tAAZ- Trudy E. F linger, Esquire I.D. Number 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melssa A Sdholly, Notary Pubko Cad,*. ,9=, Cumberland County My co n nission Expires Jan. 19, 2010 Member, Pennsylvania Association of Notaries a_ . WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to ALLEN FAMILY FOODS, INC., 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 You are notified that GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC., has joined you as an additional defendant in this action, which you are required to defend. Date: JUNE 13, 2008 Cu is R. Lon o onot 01 By: Deputy (Seal) }? /3+k :J we.. oar+.A?f No. 08-2491 Civil Term RONALD FLAGLER vs GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC. Defendant ALLEN FAMILY FOODS, INC. 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT GEORGE B. FALLER, JR., ESQUIRE MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 I.D. # 49813 Attorney for Defendant ¦ Complete items 1, 2, and 3. Also complete A. Signature Ilan 4 if Restricted Delivery is desired. ? Apant ¦ Print your name and address on the reverse x ? Addnaaaaa so that we can return the card to you. B. Recel,edby Lpri rted ? C. Date of DNlwry ¦ Attach t card to the back of the mailplece, or on thqmnt if space permits. D. Is delivery address ? Yea 1. Article Adliressad to: If YES, enter deli ry dll?es below: Q No fkn P4(NN 1 l Not, U 5 Z? • `?ye? _, CO ea-Gerd -bE iggl i 3 3. Service Type XCeMed Mall 0 Express Mail ? Registered ? Return Receipt for Mer&wx o ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Feel ? AW 2. AftftNW*w 7005 0390 0003 2639 2289 Millf"Arr Aare aar W lrball P? Form.3811, Pdxu ry 2004 Dwnwrtlc Raton Reoaipt 102"am-W1540 CERTIF-IED MAIL RECD' jDomestic Mail Only; No Insurance Coverage Provrc m r S R E 111 f ." ru Posm e $ p , IT1 N 17 certified Fee C3 $2,71 1 JU a Return Receipt Fee ° red) (EndoraemeMRequi $2.20 V W ° Ir (EndoreemeMRequirem M $U.Ilil C3 , ', Total Postage & Fees $ $5.32 1 Ln °' .. C3 ° Bmt To )SA 4 C H I, - 3W or PO am No I a(o kin mil ?/.1 -r010 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Allen Family Foods, Inc. 126 North Shipley Street Seaford, DE 19973 MARTSON LAW OFFICES By, ( Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 8, 2008 -e tz! C_ G cr CD J ro WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Patrick J. Stapleton, III, Esquire ID# 38057 By: Leah M. Lewis, Esquire ID# 207045 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, VS. . PENNSYLVANIA Giant Food Stores, Inc. Defendant VS. Docket No. 08-2491 Civil Action - Law Allen Family Foods, Inc. Additional Defendant : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Patrick J. Stapleton, III, Esquire of the law firm of WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP on behalf of the Additional Defendant, Allen Family Foods, Inc. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPL RES & NEWBY, LLP By: Patrick J. Stapleton, III, Esquire Attorneys for Additional Defendant Allen Family Foods, Inc. rirt ?n t; t co WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Patrick J. Stapleton, III, Esquire ID# 38057 By: Leah M. Lewis, Esquire ID# 207045 800 North 3rd Street - 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, vs. : PENNSYLVANIA Giant Food Stores, Inc. Defendant VS. Docket No. 08-2491 Civil Action - Law Allen Family Foods, Inc. Additional Defendant : JURY TRIAL DEMANDED PRAECIPE TO FILE COMPLAINT TO THE PROTHONOTARY: Please enter a Rule upon Defendant, Giant Food Stores, Inc. to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment on Non Pros. By: Patrick J Stapleton, III, Esquire RULE TO FILE COMPLAINT AND NOW, this 9#day of , 2008, a Rule is hereby granted upon Defendant, Giant Food Stores, Inc. to file a Co herein within twenty (20) days after service hereof or P suffer the entry of a Judgment of Non Pros. BY THE COURT: A?;i ?° c Q ¢? -rt r-,J to ? //s,, tt cl, (?\RLES\Clients\MAC9500\Current\466\9500.466.ans I /nhn Created: 9/20/04 0:06PM Revised: 7/14/08 11:50AM 9500.466 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant, NO. 08-2491 CIVIL ACTION - LAW V. ALLEN FAMILY FOODS, INC., Additional Defendant. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT GIANT FOOD STORES LLC incorrectly captioned. GIANT FOOD STORES INC TO PLAINTIFF'S COMPLAINT TO: RONALD FLAGLER, Plaintiff, and his attorney, GIRARD E. RICKARDS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc., and hereby responds to Plaintiff s Complaint as follows: After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 2. Denied as stated. To the contrary, Giant Food Stores, Inc., was a Delaware corporation. Giant Food Stores, Inc., was a predecessor in interest to Giant Food Stores, LLC, a Delaware limited liability company with offices located at 1149 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 3-6. Denied pursuant to Pa. R.C.P. 1029(e). COUNTI STRICT PRODUCTS LIABILITY 7. The averments of paragraphs 1 through 6 of this Answer are hereby incorporated by reference. 8-10. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc., hereby demands judgment in its favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER 11. Plaintiff s injuries, if any, were caused by his own conduct. 12. Plaintiffs injuries, if any, were caused by the conduct of parties other than the answering Defendant. MARTSON LAW OFFICES George B. Faller, Jr., I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 14, 2008 Attorneys for Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc. VERIFICATION I, LIZABETH CHRISTMAN, Director, Risk Management Department of Giant Food Stores, LLC, acknowledge that I have the authority to execute this Verification on behalf of Giant Food Stores, LLC, and certify that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent that this Answer is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Giant Food Stores, LLC Liza t Christman Director-Risk Management Dated: 7 a we F:\FILES\Clients\MAC9500'\Cur 1,466,9500.466. an I RECEIVED JUL 0 9 2006 MARTSON CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Counsel for Plaintiff Patrick J. Stapleton, III, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 Counsel for Allen Family Foods, Inc. MARTSON LAW OFFICES By ?. Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 14, 2008 V -:1 F:\FILES\Clieats\MAC9500\Cmnnt\466\9500.466.com.add l .wpd Created: 1/30/04 10:10AM Revised: 7/24/08 4:32PM 9500.466 George B. Faller, Jr. Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant NO. 08-2491 CIVIL ACTION - LAW V. ALLEN FAMILY FOODS, INC., Additional Defendant. : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 George B. Faller, Jr. Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, Plaintiff V. GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant V. ALLEN FAMILY FOODS, INC., Additional Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2491 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT GIANT FOOD STORES, LLC's, incorrectly captioned as. GIANT FOOD STORES, INC., JOINDER COMPLAINT AGAINST ADDITIONAL DEFENDANT ALLEN FAMILY FOODS, INC. AND NOW, comes the Defendant, Giant Food Stores, LLC, incorrectly captioned as Giant Food Stores, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Joinder Complaint as follows: 1. Additional Defendant Giant Food Stores, LLC, hereby incorporates by reference Paragraphs 1-10 of Plaintiff's Complaint as if fully set forth herein. Plaintiff's Complaint is attached hereto as Exhibit "A." 2. Defendant Giant Food Stores, LLC, hereby incorporates by reference its Answer with New Matter of Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc. to Plaintiffs Complaint as if fully set forth herein. A copy of the Answer is attached hereto as Exhibit "B." 3. Defendant Giant Food Stores, LLC, hereby incorporates by reference its Writ to Join Additional Defendant as if fully set forth herein. A copy of the Writ is attached hereto as Exhibit "C." 4. Additional Defendant Allen Family Foods, Inc., is a Delaware corporation with its corporate headquarters located at 126 North Shipley Street, Seaford, Delaware. 5. The allegations set forth in Plaintiff s Complaint are denied. 6. Plaintiff s Complaint alleges that Plaintiff's harm or injury was caused as the result of food product obtained from the Defendant Giant Food Stores, Inc. Although the Answering Defendant does not believe it is liable, the product which Plaintiff purchased was initially purchased by Giant Food Stores from Allen Family Foods, Inc. 7. If Plaintiff is entitled to any recovery based on the conduct and allegations set forth above, the liability is the sole liability of Additional Defendant Allen Family Foods, Inc. In the alternative, Additional Defendant Allen Family Foods, Inc. is liable over, jointly and severally liable and/or liable for contribution and/or indemnity. WHEREFORE, Defendant Giant Food Stores, LLC, incorrectly captioned Giant Food Stores, Inc., respectfully requests that the Court enter judgment in its favor and against Additional Defendant Allen Family Foods, Inc. By LAW OFFICES Date: q1950 Attorneys for Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc. 10 East High Street Carlisle, PA 17013 (717) 243-3341 EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: Dg - (gy41 ?ivi 1 T rw Plaintiff V. GIANT FOOD STORES INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o on persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: D F V g l (..tvc,l Tiw.. Plaintiff v. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT 1. Plaintiff is an adult individual residing at 165 Northeast 65' Street, Miami, Florida. 2. Defendant, Giant Food Stores, Inc. is a Pennsylvania corporation in the business of selling retail food to consumers, with offices located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 3. On or about April 20, 2006, plaintiff purchased some chicken from the defendant at its New Cumberland, Pennsylvania store. 4. On or about April 20, 2006, plaintiff cooked and consumed the chicken that he purchased from the defendant. 5. After eating the chicken, plaintiff became ill from food poisoning. 6. Plaintiff believes and therefore avers that the defendant sold him chicken that was tainted and was the cause of plaintiff's food poisoning. COUNT I - STRICT PRODUCTS LIABILITY 7. Paragraphs 1 through 6 above are incorporated herein by reference as if set forth at length. 8. Defendant sold plaintiff a defective product, to wit, chicken, that was defective in that it was infected with or tainted by salmonella or another pathogen. 9. As a direct and proximate result of the defendant's defective food product, plaintiff suffered, is suffering and will continue to suffer personal injuries, including, but not limited to the following: A. Pain and suffering; B. Mental anguish, discomfort and inconvenience; C. Loss of life's pleasures; D. Embarrassment and humiliation; and E. An impairment of health and sense of well being; 10. As a direct and proximate result of the defendant's defective food product, Plaintiff has suffered, is suffering, and in the future will continue to suffer financial injuries which include, but are not limited to, past, present and future medical expenses and prescription fees. WHEREFORE, Plaintiff Ronald Flagler respectfully requests Your Honorable Court to enter judgement in his favor and against Giant Food Stores, Inc. in an amount in excess of the compulsory arbitration limits, together with costs, interest and such other relief as is deemed appropriate. DATE: M16 lag Girard L(AUckards, Esquire 44 East Philadelphia Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiff's Complaint 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 is that of counsel and not my own. To the extent that the contents are based on 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 are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unworn taisitication to authorities. Ronald Flagler Date: 3 /a8/ Off F -c EXHIBIT B I' 1:11.17S CliemS P1AC950U Curzenra66 9500.460,ansl nlm o sated: 9'004 U06PM Kan ised' ' U OG I 1 50 k\1 a;i ao6 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. GIANT FOOD STORES, LLC, NO. 08-2491 incorrectly captioned as CIVIL ACTION - LAW ?? GIANT FOOD STORES, INC., r CIO. Defendant, 1 Fn FAMILY FOODS, INC., _ C Additional Defendant. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT GIANT FOOD STORES, LLC, incorrectly captioned. GIANT FOOD STORES. INC. TO PLAINTIFF'S COMPLAINT TO: RONALD FLAGLER, Plaintiff, and his attorney, GIRARD E. RICKARDS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc., and hereby responds to Plaintiff's Complaint as follows: 1. After reasonable investigation the answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. 2. Denied as stated. To the contrary, Giant Food Stores, Inc., was a Delaware corporation. Giant Food Stores, Inc., was a predecessor in interest to Giant Food Stores, LLC, a f? Delaware limited liability company with offices located at 1149 Carlisle Pike, Carlisle, Cumberland County, Pennsylvania. 3-6. Denied pursuant to Pa. R.C.P. 1029(e). COUNT I STRICT PRODUCTS LIABILITY 7. The averments of paragraphs 1 through 6 of this Answer are hereby incorporated by reference. 8-10. Denied pursuant to Pa. R.C.F. 1029(e). WHEREFORE, Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc., hereby demands judgment in its favor and dismissal of Plaintiffs Complaint with prejudice. NEW MATTER 11. Plaintiff s injuries, if any, were caused by his own conduct. 12. Plaintiffs injuries, if any, were caused by the conduct of parties other than the answering Defendant. MARTSON LAW OFFICES By ?? t t George B. Faller, Jr., I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 14, 2008 Attorneys for Defendant Giant Food Stores, LLC, incorrectly captioned, Giant Food Stores, Inc. VERIFICATION 1, LIZABETH CHRISTMAN, Director, Risk.Management Department of Giant Food Stores, LLC, acknowledge; that I halve the authority to execute this Verification on behalf of Giant Food Stores, LLC, and certify that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this law suit. The language of this Answer is that of counsel and not my own. 1 have read the document and to the extent that this Answer is based upon information which I have given to my counsel, it is true and correct and to the best of my knowledge, information and belief. To the extent that the content of this Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Giant Food Stores, LLC Liza eth Christman Director-Risk Management Dated: qllt? 7 01 eve F.FILESIClients'MAC9500 Current 461, 9500.46u ansI CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Counsel for Plaintiff Patrick J. Stapleton, III, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 Counsel for Allen Family Foods, Inc. MARTSON LAW OFFICES Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 14, 2008 EXHIBIT C WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to ALLEN FAMILY FOODS, INC., 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 You are notified that GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC., has joined you as an additional defendant in this action, which you are required to defend. Date: JUNE 135 2008 C is R. Lon o onot By: Deputy (Seal) YQ t (`.+C w rhia ___2 r? L. o No. 08-2491 Civil Term RONALD FLAGLER vs GIANT FOOD STORES, LLC, INCORRECTLY CAPTIONED AS GIANT FOOD STORES, INC. Defendant ALLEN FAMILY FOODS, INC. 126 NORTH SHIPLEY STREET SEAFORD, DELAWARE 19973-3100 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT GEORGE B. FALLER, JR., ESQUIRE MARTSON LAW OFFICES TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 I.D. # 49813 Attorney for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent of Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Additional Defendant Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 44 East Philadelphia Street York, PA 17401 Counsel for Plaintiff Patrick J. Stapleton, III, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 Counsel for Allen Family Foods, Inc. MARTSON LAW OFFICES By t 0, Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: q ! ? 5 I Q C?' C7 ?.q r 6 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler, Plaintiff : IN THE COURT OF COMMON PLEAS vs. : CUMBERLAND COUNTY, PA Giant Food Stores, Inc., Defendant . Docket No. 08-2491 vs. : CIVIL ACTION - LAW Allen Family Foods, Inc., Additional Defendant NOTICE TO DEFEND To: Giant Food Stores, LLC c/o George B. Faller, Jr., Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 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 CROSS CLAIM AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE CROSS CLAIM OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE ADDITIONAL DEFENDANT. 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, VS. PENNSYLVANIA Giant Food Stores, LLC (incorrectly captioned as Giant Food Stores, Docket No. 08-2491 Inc.), Civil Action - Law Defendant VS. JURY TRIAL DEMANDED Allen Family Foods, Inc. Additional Defendant ANSWER OF ADDITIONAL DEFENDANT ALLEN FAMILY FOODS, INC. TO DEFENDANT GIANT FOOD STORES, LLC'S JOINDER COMPLAINT WITH NEW MATTER AND CROSS CLAIM PURSUANT TO Pa.R.C.P. No. 1031.1 AND NOW, comes Allen Family Foods, Inc. through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and answers Defendant Giant Food Stores, LLC's Joinder Complaint as follows: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations, and strict proof, if deemed relevant, will be demanded at the time of trial. 2. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations, and strict proof, if deemed relevant, will be demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Denied. The averment contained in paragraph 7 is a conclusion of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations, and strict proof, if deemed relevant, will be demanded at the time of trial. 7. Denied. The allegations contained in paragraph 7 are conclusions of law to which no further responses are required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial, if relevant. WHEREFORE, Answering Defendant Allen Family Foods, Inc. denies that it is liable on the cause of action declared upon by Plaintiff and Defendant Giant Food Stores, LLC and demands judgment in its favor and against Plaintiff and Defendant Giant Food Stores together with reasonable attorney's fees and costs of suit. NEW MATTER 8. The averments of the preceding paragraphs 1-7 of this Answer are incorporated by reference as if fully set forth herein. 9. Plaintiff s Complaint has failed to state a cause of action upon which relief may be granted. 10. Defendant's Joinder Complaint has failed to state a cause of action upon which relief may be granted. 11. Plaintiffs cause of action is barred by the appropriate statute of limitations. 12. Answering Defendant asserts that at the time of the incident averred in the Complaint, an intervening and superseding event took place which as a matter of law relieves Answering Defendant from any and all liability. 13. The alleged personal injuries, if any, of Plaintiff were caused by his own conduct. 14. The alleged personal injuries, if any, of Plaintiff were caused by the conduct of parties other than the answering defendant. 15. Plaintiff has failed to mitigate his damages. 16. Plaintiff's Complaint is barred or limited by the terms and conditions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by reference as though the same were more fully set forth herein at length. 17. Defendant Giant Food Stores, LLC's Complaint is barred or limited by the terms and conditions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by reference as though the same were more fully set forth herein at length. WHEREFORE, Answering Defendant Allen Family Foods, Inc. denies that it is liable on the cause of action declared upon by Plaintiff and Defendant Giant Food Stores, LLC and demands judgment in its favor and against Plaintiff and Defendant Giant Food Stores together with reasonable attorney's fees and costs of suit. CROSS CLAIM PURSUANT TO Pa.R.C.P.1031.1 AGAINST DEFENDANT GIANT FOOD STORES, LLC 18. The averments of the preceding paragraphs 1-17 of this Answer are incorporated by reference as if fully set forth herein. VERIFICATION I, Leah M. Lewis, Attorney for Allen Family Foods, Inc., hereby certify that the statements set forth in the foregoing Answer with New Matter and Cross Claim are true and correct to the best of my knowledge, information and belief. I am signing this Verification as the Defendant is not immediately available to sign this Verification. A substitute Verification will be filed in the immediate future. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ki * R Leah M. Lewis, Attorney for Additional Defendant, Allen Family Foods, Inc. 19. The alleged defective product was in the exclusive care, custody and control of Defendant Giant Food Stores, LLC once it was delivered to and received by same. 20. The alleged defective product was in the exclusive care, custody and control of Defendant Giant Food Stores, LLC at the time it was purchased by Plaintiff. 21. The alleged defective product was received and inspected by Defendant Giant Food Stores, LLC prior to its purchase and consumption by Plaintiff. 22. Defendant Giant Food Stores, LLC is solely liable to Plaintiff. 23. Alternatively, Giant Food Stores, LLC is liable over to, jointly and severally liable and/or liable for contribution and/or indemnity to Defendant Allen Family Foods, Inc. WHEREFORE, Answering Defendant Allen Family Foods, Inc. respectfully requests judgment in its favor and against Defendant Giant Food Stores, LLC together with reasonable attorney's fees and costs of suit. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: la 14, Aa14y-1-( Leah M. Lewis, Esquire Attorney for Additional Defendant, Allen Family Foods, Inc. WEBER GALLAGHER SIIVIPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID # 207045 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (717) 237-6940 (717) 237-6949 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Giant Food Stores, Inc. Defendant VS. Allen Family Foods, Inc. Additional Defendant Docket No. 08-2491 Civil Action - Law JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this -A day of AUGUST, 2008, I, Leah M. Lewis, Esquire, a member of the firm of WEBER GALLAGHER SIMPSON STAPLETON FIRES AND NEWBY LLP, do hereby certify that I served a true and correct copy of the foregoing Answer with New Matter and Cross Claim on behalf of Additional Defendant Allen Family Foods, Inc., by depositing same in the United States Mail, first class, postage prepaid addressed to the parties or attorneys of record as follows: George B. Faller, Jr., Esquire Attorney for Defendant Giant Food Stores, LLC Martson Law Offices 10 East High Street Carlisle, PA 17013 Girard Rickard, Esquire Attorney for Plaintiff 135 S. Duke Street York, PA 17401 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Date: By: &;?,t Leah M. Lewis, Es uire Attorney for Allen Family Foods, Inc. G -n t F r t ?? ? ? Y?yr '.i^wJ y 1 \r1 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant Ronald Flagler : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, VS. : PENNSYLVANIA Giant Food Stores, Inc. Defendant vs. Docket No. 08-2491 Civil Action - Law Allen Family Foods, Inc. Additional Defendant : JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE THE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the verification of Mark S. Mundy, authorized agent for the Additional Defendant, for the verification of Leah M. Lewis, Esquire regarding the above captioned matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: ?4' o? Leah M. Lewis, Esquire Attorneys for Additional Defendant Allen Family Foods, Inc Date: u ?? CERTIFICATE OF SERVICE AND NOW, this Aay of August, 2008, I, Leah M. Lewis, Esquire, a member of the firm of WEBER GALLAGHER SIMPSON STAPLETON FIRES AND NEWBY LLP, do hereby certify that I served a true and correct copy of the foregoing by depositing same in the United States Mail, first class, postage prepaid addressed to the parties or attorneys of record as follows: Girard E. Rickards, Esquire 135 South Duke St. York, PA 17401 George B. Faller, Jr, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By. -yid-V Leah M. Lewis, Esquire Attorneys for Additional Defendant VERIFICATION I, the undersigned, of Allen Family Foods, Inc., hereby certify that the statements set forth in the foregoing Answer with New Matter and Cross Claim are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: AI/o ? 4 r S. Mundy Director of Financ al Services 14 ftu'r ?1 f A rn, je cr) t Y . n4. ? P. F:\FILES\Chcnts\MAC9500\Cu rent\466\9500.466.reptyl Created: 9/20/04 0:06PM Revised: 8/21/08 4:13PM 9500.466 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant RONALD FLAGLER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GIANT FOOD STORES, LLC, incorrectly captioned as GIANT FOOD STORES, INC., Defendant, : NO. 08-2491 CIVIL ACTION - LAW V. ALLEN FAMILY FOODS, INC., Additional Defendant. : JURY TRIAL DEMANDED REPLY OF DEFENDANT GIANT FOOD STORES LLC incorrectly captioned as GIANT FOOD STORES INC TO NEW MATTER AND CROSS CLAIM OF ADDITIONAL DEFENDANT ALLEN FAMILY FOODS INC. AND NOW, comes Defendant Giant Food Stores, LLC, incorrectly captioned as Giant Food Stores, Inc., by and through its counsel, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby replies to New Matter and Cross-Claim of Additional Defendant Allen Family Foods, Inc., as follows: 8. The averments of the Joinder Complaint are hereby incorporated by reference. 9.-10. Denied. To the contrary, see the Joinder Complaint. 11.-17. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, LLC, incorrectly captioned as Giant Food Stores, Inc., demands judgment in its favor and dismissal of Additional Defendant Allen Family Foods, Inc.'s claims with prlejudice. RESPONSE TO CROSS-CLAIM PURSUANT TO Pa RCP 1031.1 18. The averments of the Joinder Complaint are hereby incorporated by reference. 19.-20. Admitted that the alleged defective product was in Giant's care, custody and control after it was received by Giant from the Additional Defendant. Defendant Giant then apparently delivered it to Plaintiff. 21.-23. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, LLC, incorrectly captioned as Giant Food Stores, Inc., demands judgment in its favor and dismissal of Additional Defendant Allen Family Foods, Inc.'s claims with prejudice. MARTSON LAW OFFICES By Geo ge B al er, Jr., Esquir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 22, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Reply of Defendant Giant Food Stores, LLC, Incorrectly Captioned as Giant Food Stores, Inc. to New Matter and Cross-Claim of Additional Defendant Allen Family Foods, Inc., was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 Counsel for Plaintiff Patrick J. Stapleton, III, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 Counsel for Additional Defendant Allen Family Foods, Inc. MARTSON LAW OFFICES (? ?' 1 ,? a), By lit Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 22, 2008 ?{j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, Plaintiff NO.: 08-2491 V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 11. The averments of paragraph 11 are specifically denied and strict proof thereof is demanded at the time of trial. 12. After reasonable investigation, the plaintiff is without sufficient knowledge to form a belief as to the truth of the averments of paragraph 12. Therefore, the averments of paragraph 12 are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff Ronald Flagler respectfully requests Your Honorable Court to enter judgement in his favor and against Giant Food Stores, Inc. in an amount in excess of the compulsory arbitration limits, together with costs, interest and such other relief as is deemed appropriate. DATE: Girard E. ickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 VERIFICATION I verify that the statements made in this Plaintiffs' Reply to New Matter 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 is that of counsel and not my own. To the extent that the contents are based on 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 are that of counsel, I have relied on my counsel in making this verification. I understand that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. Date: AP CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Plaintiff s Reply to New Matter, via first class mail, postage prepaid as follows: George A. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Leah M. Lewis Esquire Weber, Gallagher, et. al. 800 North 3d Street, 2d Floor Harrisburg, PA 17102 Date: September 22, 2008 _ Girard . ckards cz? Zo I• WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 N. 3rd Street 2°d Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler Plaintiff VS. Giant Food Stores, LLC (incorrectly captioned as Giant Food Stores, Inc.) Defendant VS. Allen Family Foods, Inc. Additional Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 08-2491 Civil Action - Law JURY TRIAL DEMANDED ADDITIONAL DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO GIANT FOOD STORES, LLC Additional Defendant, Allen Family Foods, Inc., by and through its counsel, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP hereby files this Motion to Compel and in support thereof avers as follows: 1. Plaintiff filed suit in this matter on April 17, 2008 alleging strict products liability against Defendant Giant Food Stores. 2. On or about July 25, 2008, Defendant Giant Food Stores filed a Joinder Complaint against Additional Defendant Allen Family Foods. 3. On or about August 8, 2008, the undersigned served Defendant Giant Food Stores' counsel with Interrogatories and a Request for Production of Documents. See August 8, 2008 correspondence from Leah Lewis, Esquire to George Faller, Esquire attached hereto as Exhibit "A". 4. On or about September 15, 2008, the undersigned sent correspondence to Plaintiff's counsel and Giant Food Stores' counsel regarding overdue discovery responses. See September 15, 2008 correspondence from Leah Lewis, Esquire attached hereto as Exhibit "B". 5. On or about October 14, 2008, a telephone conversation took place between the undersigned and counsel for Giant Food Stores in which an assurance was made that discovery was forthcoming from Giant Food Stores. 6. To date, Defendant Giant Food Stores has failed to provide any discovery responses or submit a request for an extension of time to do so. 7. Without the aforesaid discovery responses, Additional Defendant Allen Family Foods will be prejudiced in its ability to proceed with depositions and to trial. 8. There have been no previous motions or issues assigned to or decided by a judge for this case. 9. Counsel for Giant Food Stores, LLC has been contacted by telephone and has indicated that he does not concur in this Motion. 10. Counsel for Plaintiff has been contacted by telephone in regard to this Motion and has indicated that Plaintiff does not concur or non-concur as Plaintiff has no position on a matter of discovery between Defendant and Additional Defendant. WHEREFORE, Additional Defendant, Allen Family Foods, Inc. respectfully requests that this Honorable Court enter the attached Order compelling Defendant Giant Food Stores, LLC to respond to Interrogatories and Request for Production of Documents within ten (10) days hereof. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. By: I'm ? R. Leah M. Lewis, Esquire Attorney for Additional Defendant _ Date: / -? -71o S EXHIBIT "A" WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP August 8, 2008 George B. Faller, Jr, Esquire Marston Law Offices 10 East High Street Carlisle, PA 17013 Direct Dial: (717) 237-6947 Email: llewis@wglaw.com RE: Ronald Flagler v. Giant Food Stores, LLC & Allen Family Foods, Inc. Docket No.: 08-2491 Our File Number: 0040977 Dear Mr. Faller: Enclosed please find Additional Defendant Allen Family Foods, Inc.'s Interrogatories directed to Defendant Giant Food Stores, LLC and Request for Production of Documents directed to Defendant Giant Food Stores, LLC for the above-referenced case. Kindly serve complete and verified responses within the time period prescribed by the Pennsylvania Rules of Civil Procedure. Thank you for your time and attention-to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Very truly yours, Enclosures Leah M. Lewis Joseph Goldberg PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 800 North 3rd St. - 2nd Floor - Harrisburg, PA 17102 (717) 237-6940 - (717) 237-6949 (fax) - www.wglaw.com EXHIBIT "B" WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP September 15, 2008 George B. Faller, Jr. Esquire Manson Law Offices 10 East High Street Carlisle, PA 17013 Girard E. Rickards, Esquire 135 South Duke St. York, PA 17401 Direct Dial: i717j 237-6947 Email: 1ievvis,a wgla W . com RE: Ronald Flagler v. Giant Food Stores, LLC & Allen Family Foods, Inc. Docket No.: 08-2491 Our File Number: 0040977 Dear Gentlemen: On August 8, 2008, the undersigned sent to you Interrogatories and Request for Production of Documents for the above-referenced case. At this time, it has been over thirty (30) days since you were served with these discovery requests. At this time, I would kindly request that you complete and deliver yourresponses to the undersigned as soon as possible. If we have not received your discovery responses by the end of the week, we will be obliged to file a Motion to Compel Discovery Responses with the Court. Thank you for your time and attention to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned. Very truly yours, LML/kw Leah M. Lewis James R. Hartline PHILADELPHIA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRANTON CHERRY HILL LONDON 800 North 3rd Street • 2nd Floor • Harrisburg, PA 17102 (717) 237-6940 • (717) 237-6949 (fax) • www.wglaw.com CERTIFICATE OF SERVICE I hereby certify that on this -LI day of be( 2008, I served a true and correct copy of the attached Motion to Compel, via U.S. first class mail, postage prepaid on the following counsel of record: George B. Faller, Jr, Esquire Counsel for Defendant Giant Food Stores, LLC Martson Law Offices 10 East High Street Carlisle, PA 17013 Girard E. Rickards, Esquire Counsel for Plaintiff 135 South Duke St. York, PA 17401 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: * vlll/?u Leah M. Lewis, Esquire Attorney for Defendant __ r? .? ^y 4:+ . ?Mi ?.?j C"`J rtl:?3 ?? ?? -.7 ::?; "'C RONALD FLAGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-2491 CIVIL GIANT FOOD STORES, LLC (incorrectly captioned as Giant Food Stores, Inc.), : Defendant vs. ALLEN FAMILY FOODS, INC., Additional Defendant JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL ORDER AND NOW, this 30 ` day of December, 2008, a brief argument on the motion to compel of the additional defendant is set for Friday, January 16, 2009, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin Hess. J. /ere rd E. Rickards, Esquire For the Plaintiff ,.Xeorge B. Faller, Jr., Esquire For Giant Food Stores, LLC eah M. Lewis, Esquire a For Allen Family Foods, Inc. : rlm D C30 y?'?i' C7 1? ,?a I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED V. ALLEN FAMILY FOODS, INC., Additional Defendant MOTION OF GIRARD E RICKARDS, TO WITHDRAW AS COUNSEL 1. This lawsuit arises from the plaintiff's purchase and ingestion of chicken that was defective, causing the plaintiff to suffer food poisoning. 2. Plaintiff and his counsel entered into a fee agreement that requires that the plaintiff pay all costs incurred in advance. 3. Because of the approaching statue of limitations, plaintiff's counsel advanced the filing fee and sheriff's cost of service on April 8, 2008 so as to preserve the plaintiff's right to recovery. 4. Plaintiff has failed to reimburse counsel for the costs advanced as required in the fee agreement and as promised by the plaintiff. 5. Plaintiff s counsel has cause to withdraw from this action. 6. There are currently no deadlines regarding the plaintiff, nor trial dates established in this matter. 7. Plaintiff has been notified of counsel's intention to withdraw and agreed to the withdrawal if payment was not made by Wednesday, January 7, 2009. 8. Plaintiff has failed to make any payment for costs advanced. 9. Counsel for the defendant and additional defendant were contacted by telephone and indicated no objection to this Motion. WHEREFORE, Girard E. Rickards, counsel for the plaintiff, respectfully requests Your Honorable Court to grant his Motion to Withdraw As Counsel. Girard E. ckards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 DATE: January 8, 2009 V CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Motion of Girard E. Rickards to Withdraw as Counsel, via first class mail, postage prepaid as follows: George A. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Leah M. Lewis Esquire Weber, Gallagher, et. al. 800 North 3d Street, 2d Floor Harrisburg, PA 17102 Mr. Ronald Flagler 165 Northeast 65`h Street Miami, Fl 33138 Date: January 8, 2009 Girard . Rickards ..,yr ? ? A ?? .M ?_ M WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 N. 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler Plaintiff vs. Giant Food Stores, LLC (incorrectly captioned as Giant Food Stores, Inc.) Defendant vs. Allen Family Foods, Inc. Additional Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 08-2491 Civil Action - Law JURY TRIAL DEMANDED PRACIPE TO WITHDRAW MOTION TO COMPEL To the Prothonotary: Please mark the Motion to Compel directed to Giant Food Stores, LLC as withdrawn, without prejudice. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. By: Leah M. Lewis, Esquire Attorney for Additional Defendant Date: S i CERTIFICATE OF SERVICE I hereby certify that on this 9 day of ?o?h u ec.r' , 2009, I served a true and correct copy of the foregoing Praecipe to Withdraw Motion to Compel, via U.S. first class mail, postage prepaid on the following counsel of record: George B. Faller, Jr, Esquire Counsel for Defendant Giant Food Stores, LLC Martson Law Offices 10 East High Street Carlisle, PA 17013 Girard E. Rickards, Esquire Counsel for Plaintiff 135 South Duke St. York, PA 17401 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: Leah M. Lewis, Esquire Attorney for Defendant j T f... `Yl rv V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED V. ALLEN FAMILY FOODS, INC., Additional Defendant AMENDED MOTION OF GIRARD E. RICKARDS TO WITHDRAW AS. COUNSEL I . This lawsuit arises from the plaintiff's purchase and ingestion of chicken that was defective, causing the plaintiff to suffer food poisoning. 2. Plaintiff and his counsel entered into a fee agreement that requires that the plaintiff pay all costs incurred in advance. 3. Because of the approaching statue of limitations, plaintiff's counsel advanced the filing fee and sheriff's cost of service on April 8, 2008 so as to preserve the plaintiff's right to recovery. 4. Plaintiff has failed to reimburse counsel for the costs advanced as required in the fee agreement and as promised by the plaintiff. 5. Plaintiff's counsel has cause to withdraw from this action. 6. There are currently no deadlines regarding the plaintiff, nor trial dates established in this matter. 7. Plaintiff has been notified of counsel's intention to withdraw and agreed to the withdrawal if payment was not made by Wednesday, January 7, 2009. 8. Plaintiff has failed to make any payment for costs advanced. M 9. Counsel for the defendant and additional defendant were contacted by telephone and indicated no objection to this Motion. 10. As of this date, no judge has ruled on any issue in this matter. However; the Additional Defendant's Motion to Compel Discovery from the Defendant is scheduled to be heard by the Honorable Kevin A. Hess on Friday, January 16, 2009. WHEREFORE, Girard E. Rickards, counsel for the plaintiff, respectfully requests Your Honorable Court to grant his Motion to Withdraw As Counsel. - Girard ickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 DATE: January 15, 2009 j - CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Amended Motion of Girard E. Rickards to Withdraw as Counsel, via first class mail, postage prepaid as follows: George A. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Leah M. Lewis Esquire Weber, Gallagher, et. al. 800 North 3d Street, 2d Floor Harrisburg, PA 17102 Mr. Ronald Flagler 165 Northeast 65`h Street Miami, F133138 Date: January 15, 2009 Girard ickards C3 'v ea ? .1^, ' ..lt. ? vl r n lC7 ^C RONALD FLAGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GIANT FOOD STORES, INC., Defendant V. ALLEN FAMILY FOODS, INC., Additional Defendant NO. 08-2491 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of January, 2009, upon consideration of the Motion and Amended Motion of Girard E. Rickards To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff, Defendant, and Additional Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Service of this Rule is to be made by Plaintiff s counsel. BY THE COURT, Girard E. Rickards, Esq. 135 South Duke Street York, PA 17401 Attorney for Plaintiff :rc sy.-J' r' t ? r MOO 1'4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED V. ALLEN FAMILY FOODS, INC., Additional Defendant PETITION TO MAKE RULE ABSOLUTE 1. On January 9, 2009, counsel for the plaintiff file a Motion to Withdraw as counsel. 2. At the direction of the Court Administrator's Office, on January 16, 2009, counsel for plaintiff filed an Amended Motion to Withdraw, citing the agreement of counsel for the defendant and the additional defendant in the Motion. 3. On January 23, 2009, the Honorable J. Wesley Oler, Jr. entered an order directing the parties to show cause why the Motion to Withdraw should not be granted. A true and correct copy of the Order of January 23, 2009 is attached hereto as Exhibit A and incorporated herein by reference. 4. Counsel for plaintiff served the Order of January 23, 2009 by first class mail upon the plaintiff and counsel for the defendant and additional defendant on January 27, 2009. 5. More than fourteen (14) days has passed since service of the Order of January 23, 2009. 6. As of this date, no party has lodged an objection to the Motion to Withdraw as Counsel. WHEREFORE, Girard E. Rickards, counsel for the plaintiff, respectfully requests Your Honorable Court to grant his Motion to Withdraw As Counsel. Ag?f? irard .Rickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 DATE: February 23, 2009 RONALD FLAGLER, Plaintiff V. GIANT FOOD STORES, INC., Defendant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN FAMILY FOODS, INC., Additional Defendant NO. 08-2491 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of January, 2009, upon consideration of the Motion and Amended Motion of Girard E. Rickards To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff, Defendant, and Additional Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Service of this Rule is to be made by Plaintiff's counsel. BY THE COURT, /Gard E. Ri ckards, Esq. uth Duke Street York, PA 17401 Attorney for Plaintiff :rc J. esley 01 r., M O I two a n ??? m. U; " 'j COL41 at o, Pa, CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Petition to Make Rule Absolute, via first class mail, postage prepaid as follows: George A. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Leah M. Lewis Esquire Weber, Gallagher, et. al. 800 North 3d Street, 2d Floor Harrisburg, PA 17102 Mr. Ronald Flagler 165 Northeast 65' Street Miami, F133138 Date: February 23, 2009 Girard 19. Rickards FEB 2 6 20000 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED V. ALLEN FAMILY FOODS, INC., Additional Defendant ORDER AND NOW, this day of , 2009, upon consideration of the Motion of Girard E. Rickards to Withdraw as Counsel, said Motion is hereby GRANTED. ,J? AF- i it ?-.. t t?•;t MCC C ,° C14 V oil ?2 ct zt 4 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Lewis, Esquire ID# 207045 800 N. 3`d Street 2"d Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Additional Defendant, Allen Family Foods, Inc. Ronald Flagler . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, VS. : PENNSYLVANIA Giant Food Stores, LLC (incorrectly captioned as Giant Food Stores, Inc.) Defendant vs. . Docket No. 08-2491 . Civil Action - Law Allen Family Foods, Inc. Additional Defendant : JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS UPON THE RECORD TO THE PROTHONOTARY: Kindly update the docket to reflect the address of Weber Gallagher Simpson Stapleton Fires & Newby to 200 North Third Street, Suite 9A, Harrisburg, PA 17101. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. By: bj? * _e Leah M. Lewis, Esquire Attorney for Additional Defendant Date: March 3, 2009 CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of March, 2009, I served a true and correct copy of the foregoing Praecipe for Change of Address Upon the Record, via U.S. first class mail, postage prepaid on the following counsel of record: George B. Faller, Jr, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Counsel for Defendant Giant Food Stores, LLC Girard E. Rickards, Esquire 135 South Duke St. York, PA 17401 Ronald Flagler 165 Northeast 65th Street Miami, FL 33138 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP. BY: Y A 4A, 0" Leah M. Lewis, Esquire Attorney for Additional Defendant C 1?T7 t CJ7 c i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RONALD FLAGLER, NO.: 08-2491 Plaintiff V. CIVIL ACTION - LAW GIANT FOOD STORES INC., Defendant JURY TRIAL DEMANDED V. ALLEN FAMILY FOODS, INC., Additional Defendant PRAECIPE TO WITHDRAW AS COUNSEL FOR PLAINTIFF TO THE PROTHONOTARY: Please withdraw my appearance for Plaintiff Ronald Flagler in accordance with the Order of March 1, 2009. Service of papers for Plaintiff, Ronald Flagler should be made at 165 Northeast 65' Street, Miami, Florida 33138. 0 Girar . Rickar s, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 DATE: March 9, 2009 CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Praecipe to Withdraw As Counsel, via first class mail, postage prepaid as follows: George A. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Leah M. Lewis Esquire Weber, Gallagher, et. al. 200 North 3d Street, Suite 9A Harrisburg, PA 17101 Mr. Ronald Flagler 165 Northeast 65`h Street Miami, F133138 Date: March 9, 2009 Giraz E. Rickards r-3 i r ? 9t Ronald Flagler, Plaintiff, V. Giant Food Stores, Inc., Defendant, V. Allen Family Foods, Inc., Additional Defendant. AND NOW, 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire, counsel for the *&MMefendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess of $50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Girard E. Rickards, Esquire Leah M. Lewis, Esquire, Weber Gallagher, et al. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re ly submitt e B. a ler, Counsel for Defenda t G ant Food Stores ORDER OF COURT petition, Esq., and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 08-2491 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ?. 't Ronald Flagler, Plaintiff, V. Giant Food Stores, Inc., Defendant, V. Allen Family Foods, Inc., Additional Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2491 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDC'ES OF SAID COURT: George B. Faller,-. Jr. , Esquire, counsel for the JUMMefendant in the above action (or actions), gully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ not in excess-.of $50,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Girard E. Rickards, Esquire Leah M. Lewis, Esquire, Weber Gallagher, et al. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. iCounseilfor aDefenda ant Food Stores ORDER OF COURT AND NOW, 9 , 200 9 , in consideration the foregoing petition, W. d AdM Esq., and .c?'lr.. Esq., an Ulr"O?r It Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By th urt, --ooe7 v - B B.BAYLEY \ 7-, cr? c? U Q ?L CV tL ?y i f" r•a ...RWS Af-+s 03. M#A .?Cpt? a 2 (e. C - Plaintiff ??? k ?5., J?G, DefAdant In The Court of Common Pleas of Cumberland County, Pennsylvania No.t-e -_a ? q / Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the d s o o with fidelity. M.-IJ4 k. e Signature S a ve C?W& Name '(Chairman) Law Firm Address I?I ?c???l 3. wL„CQ Name Ir rffrc?t rF MK?,,,.1Z Vw Vrt Law Firm :17 e. IRS.]&+ Sk Address ame R?Y(j-41(eir PC Law irm 2,711 Mrs(C. a- Address S Ca it 17013 I 17011 ?=It .? d q?. o p tY? zip A Award 783 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ` r . Arbitrator, Date of Hearing: r) 17? Date of Award: DCl Notice of Entry of Award (Insert name if Now, the day of ,L e- __, 20_09___, at g : 11 , k.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .3SO, a6 By: . L4"0% othonotary Deputy FUDk l1 OF THE'PROTHWTARY 2009 JUN -8 AM 8= 11 PBNNSYLV" 00 1 )?kA -rLutLfXL [44,? 0 . )e1 &+ t-, iA- . ?'rl k . 4 z. ulkA--- -O«? vrL ly ti?, ?,,X',L- 6y /Q l-