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Home My WebLink About08-4666SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 68-,q&W Civil le.rri KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED a I it, 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 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OF ?L 6G L' c?'`?t 'Tt,..? CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, STACEY PARNELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, STACEY PARNELL, is an adult individual who currently resides at 12B Richland Lane, Apt. T8, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, is a Pennsylvania business corporation with its registered office address at 5430 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. It is believed and therefore averred that Defendant Karns Prime and Fancy Food, Ltd., does business as Karns Quality Foods, with a retail store located at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. The facts and circumstances hereinafter set forth took place on June 4, 2007, at or about 4:15 p.m., in the area of the frozen foods at the retail store located at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the Plaintiff, STACEY PARNELL, was walking from the meat counter to the frozen foods aisle when she slipped in a puddle of water that had leaked from a freezer and fell. 6. As a result of the aforesaid incident, Plaintiff, STACEY PARNELL, has suffered serious and permanent injuries, including but not limited to the following: (a) Right carpal navicular fracture; (b) Right wrist injury; (c) Right knee contusion; (d) Severe shock to nerves and nervous system; (e) Extreme mental and physical anguish. 7. As a direct and proximate result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 8. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered and may continue to suffer a loss of earning capacity for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. WHEREFORE, the Plaintiff, STACEY PARNELL, demands judgment against the Defendant, KARNS PRIME AND FANCY FOOD LTD, t/d/b/a KARNS QUALITY FOODS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBEWER & JANUZZI, LLP By: Dated: July 31 , 2008 Ka . Januzzi, Esquire A rney I.D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 VERIFICATION • 1, Stacey Parnell , hereby acknowledge that I am a Plaintiff in this action and that I have read the Compl a i nt and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Signature Date: 7/31/08 G:\GLOBAL\WPDATA\DOCSUNITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium way, Enole, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 ? O N ? a 71 rya A Q+ 0 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. bg _ gUgo (Nit TenK STACEY PARNELL, Plaintiff V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant TO: CIVIL ACTION - LAW JURY TRIAL DEMANDED aw, KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant You are hereby requested to admit, for purposes of this action only, pursuant to Pa.R.C.P. 4014, the following: 1. You were aware or had knowledge that a freezer was or had been leaking at the retail store at 1200 Market Street, Lemoyne, Pennsylvania, on or before the Plaintiffs fall on June 4, 2007. You are directed to file an answer to this request, in compliance with Pa.R.C.P. 4014(b), within thirty (30) days after service of this request upon you. SHOLLENBERGER & JANUZZI, LLP BY: W-4 Karl Ja zzi, Esquire Attey for Plaintiff Dated: July 31, 2008 s. Co X. { Fli r i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant t rY'?j NO. a8 - 4-ikU 0,-tvi (-RirV6. CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: KARNS PRIME AND FANCY FOOD, LTD., t/d/bla KARNS QUALITY FOOD PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. The contents of any investigation file or files, safety manual or training manual, and any other documentary material in your possession or control which support or relate to the allegations contained in the Plaintiffs Complaint or the allegations contained in the Defendant's Answer and New Matter (excluding any documents or portions thereof found in such file whose production would disclose the mental impressions of Defendant's attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories or would require disclosure of the mental impressions, conclusions or opinions respecting the value or merit of Plaintiffs 00, claim or its defense or respecting strategy or tactics of a representative of the Defendant other than Defendant's attorney). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the premises in or around the area of the fall, the name of the individual who took said photographs, and the date and time photographs were taken. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 5. The face sheet and policy of insurance that covered the Defendant on the date of the incident against the type of risk of loss involved in this case. 6. Any medical reports, records, notes or other memoranda concerning the Plaintiffs physical or emotional condition. 7. A copy of any written contract that existed between Defendant and any entity for the Defendant where the Plaintiffs fall occurred. 8. All incident reports prepared by the Plaintiff or on the Plaintiffs behalf pertaining to the incident alleged in the Complaint. 9. All incident reports prepared by the Defendant or on the Defendant's behalf pertaining to the incident alleged in the Complaint. 10. All resumes or curriculum vitae of each and every technician or expert whom you intend to call as a witness during the trial of this case. r> 11. All exhibits which you intend to introduce at the trial of this action. 12. A list of all witnesses, both lay and expert, which you intend to call at the time of trial. 13. Any and all surveillance, tapes, films, motion pictures, photographs, or other documents conducted in the nature of surveillance or as part of a surveillance of any of the parties in this case. SHOLLENBERGER & JANUZZI, LLP By: _ %- , Karl . anu , Esquire Date: July 31, 2008 _TI - ( Z7 T s.727 _, i , SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff STACEY PARNELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. _ KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED '. ii r ` T . . L !1 k r • TO: KARNS PRIME AND FANCY FOOD, LTD. t/d/b/a KARNS QUALITY FOOD, Defendant PURSUANT TO THE PROVISIONS of Pa. R. C. P. 4005 and 4006, as amended, you are required to serve on the undersigned your Answers and Objections, if any, in writing, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa. R. C. P. 4007.4 as amended. If between the time of serving your original Answers to these Interrogatories, and the time of trial of this matter, you or anyone acting in your behalf learn the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made, or knows that an Answer though correct when made is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnished such a Supplemental Answer on the undersigned. SHOLLENBERGER & JANUZZI, LLP BY: J. Januzzi, Esquire Dated: Definitions. -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her; a. full name; and, b. present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: a. its description (e.g., letter, memorandum, report, etc.), title and date; b. its subject matter; C. its author's identity; d. its addressee's identity; e. its present location; and, f. its custodian's identity; (3) An oral communication: a. its date; b. the place where it occurred; C. its substance; d. the identity of the person who made the communication; e. the identity of each person whom such communication was made; and, the identity of each person who was present when such communication was made; (4) A corporate entity: a. its full corporate name; b. its date and place of corporation, if known, and, c. its present address and telephone number; (5) Any other context: A description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. STANDARD INSTRUCTIONS. The following instructions are applicable to these standard interrogatories. (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity of discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. IDENTITY OF WITNESSES State the name, last known address, age, occupation, and present whereabouts of each person known or believed by Defendant, your agents, attorney, or insurance carrier to have witnessed or have been within sight or hearing of the fall described in Plaintiff Complaint. 2. With respect to the witnesses listed in the preceding Interrogatory, state the following information: a) his exact location at the time of the incident; b) his activities at the time of the incident; and, c) whether or not he saw the incident. 3. Except as set forth in the preceding Interrogatory, list the names and addresses of all persons known or believed by the Defendant or any person acting on the Defendant's behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. 4. State the name, last known address, age, occupation, and the present whereabouts of each person known to the Defendant, his agents, or insurance carrier to have knowledge of any relevant facts or conditions existing at the scene of the incident prior to, at, or immediately after the happening of said incident. 5. State the names, current addresses, ages, occupations, telephone numbers, and a brief summary of the anticipated testimony of all persons whom the Defendant expects or intends to call to testify on their behalf at the trial of this matter with respect to liability, whether they be expert or non-expert witnesses. 6. State the names, current addresses, ages, occupations, telephone numbers, and a brief summary of the anticipated testimony of all persons whom the Defendant expects or intends to call to testify on their behalf at the trial of this matter with respect to damages, whether they be expert or non-expert witnesses. 7. If any witnesses listed in Interrogatories 1 through 6 or whom you propose to use at the trial are related to you or to each other, please state the nature of such relationship. INTERVIEWS AND STATEMENTS 8. State the name, age, address (including the street, street number, city and state), occupation and place of employment of every person interviewed by you or by anyone acting on your behalf in regard to the happening of the fall set forth in the Plaintiffs Complaint or as to Plaintiffs physical condition either before or after the date of the incident or as to oral statements made by the Plaintiff concerning her physical condition or as to the happening of the incident, along with the date and place of such interviews, the name of the person conducting such interviews, and the relationship of such interviewer to Defendant. DOCUMENTS, REPORTS AND INVESTIGATIONS 9. Identify all documents in the possession, custody or control of Defendant or its counsel relating to the liability portion of this case, including, but not limited to, investigative materials, reports, statements, photographs, diagrams, etc. 10. Identify all exhibits that Defendant intends to introduce at the trial of this matter and indicate whether they will be introduced during the liability or damages portion of this case. 11. Did you or anyone acting in your behalf submit any notes, reports, statements or memorandums to your insurance liability carrier concerning this incident? If so, state the date when such report or statement was made. INSURANCE 12. Was there a policy of insurance that covered you on the date of the incident against the type of risk involved here? If so, for each policy state the limits of liability for personal injuries for each person and/or for each occurrence. DEFENSES 13. State with particularity the facts upon which you intend to rely in establishing any of the following defenses: a) that the Plaintiff was contributorily or solely negligent; b) that the incident was caused by the negligent act of a third party or agency other than the named Defendant; c) that the incident occurred as a result of negligence on the part of no one; d) that the Court lacks jurisdiction over the present action; and, e) that the Plaintiffs claim is barred by the defense of assumption of risk. 14. Plaintiff alleges that the negligence of the Defendant was the cause of the incident in question. If you contend that the negligence of the Defendant was not the cause of the incident in question, please state your contention as to the cause of the incident and the facts upon which you base such contention. IDENTITY OF EXPERT 15. Does Defendant intend to call any technicians or experts (including medical experts) as witnesses during the trial of this action? If so, for each technician or expert state: a) his name, address and telephone number; b) the name and address of his employer; c) his professional occupation and the field in which he allegedly is an expert; d) his qualifications, listing schools attended, years of attendance, degrees received and any specialized training or experience in the particular field in which he allegedly is an expert; e) title and subject matter of each book, paper or article written by the expert in his field; f) all professional and trade associations of which he is or has been a member; and, g) names and addresses of all employers in the past ten (10) years and reason for leaving each employer. EXPERT OPINIONS 16. For each expert or technician Defendant intends to call as an expert witness, please state the following: a) the subject matter on which the expert is expected to testify; b) the substance of the facts and opinions about which the expert is expected to testify; and, c) a summary of the grounds for each opinion. NOTE: Pursuant to Pa. R.C.P. 4003.5(a)(1)(b), you may file as your answer a report of the expert covering the substance of this Interrogatory or have this Interrogatory answered by the expert. The answer or separate report must be signed by the expert. 17. On the day of the incident, were any agents, servants or employees of the Defendant performing work in the area of the property where the incident occurred? If so, for each such employee set forth their name, address and the time reported to work. 18. Is routine maintenance conducted on the freezers on the premises? If so, please state: a) the extent and nature of the maintenance; b) frequency; c) most recent date of maintenance prior to the Plaintiff's injury; d) name and address of the individual or business responsible for such maintenance. 19. Has the Defendant, or any representative of the Defendant, its counsel or insurer, performed or contracted to be performed, or arranged in any way, any type of surveillance of the Plaintiff or her activities at any time. If so, please identify each such persons or entities who have custody of and attach a complete copy, without editing, of all reports, memorandum, letters, electronic data or information of any type (including computer records), regarding such surveillance activity, along with a copy of any photographs, films, videotapes or other information, including, but not limited to videos, 8 mm. film and hand written notes. 20. Please state: a. the exact legal name and address of Defendant answering these I nterrogatories; b. the capacity in which you occupy or possess the property where the fall occurred (i.e. owner, tenant, etc.); C. the record owner and address of the real property where the fall occurred; d. the names of all individuals involved in answering these Interrogatories. SHOLLENE3ZRGER & JANUZZI, LLP By: Kai Januzzi, Esquire Attnev for Plaintiffs Date: July 31, 2008 rJ a? ITI 1 i7 +04? THE CHARTWELL LAW OFFICES, LLP BY: Jack R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Court of Common Pleas Cumberland County No.: 08-4666 Civil Term Kindly enter our appearance on behalf of defendant, Karns Prime and Fancy Food, Ltd. in the above-captioned matter. THE CHARTWELL LAW OFFICES, LLP By. -? ---- Jack R. Canavan, Esquire Michael J. Diamond, Esquire Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Date: -"k THE CHARTWELL LAW OFFICES, LLP BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 Bell Atlantic Tower 1717 Arch Street, Suite 2920 Philadelphia, PA 19103 (215) 972-7006 STACEY PARNELL Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD Defendant Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Court of Common Pleas Cumberland County No.: 08-4666 Civil Term CERTIFICATE OF SERVICE I, Michael J. Diamond, Esquire, attorney for defendant, Karns Prime and Fancy Food, Ltd., do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: ENTRY OF APPERANCE Service By: First Class Mail Addressed as follows: Attorney for Plaintiff Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THE CHARTWELL LAW OFFICES, LLP Michael J. Diamond, Esquire Attorney for Defendant, Karns Prime and Fancy Food, Ltd. d6 Date: "? -OF r-j°; r t co i? 4`i THE CHARTWELL LAW OFFICES, LLP BY: Jack R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL Plaintiffs VS. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD Defendant To: Plaintiff: 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. THE CHARTWELL LAW _OFFICES LLP n, Esquire Michael I Diamond, Esquire, Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Court of Common Pleas Cumberland County No.: 08-4666 Civil Term ANSWER WITH NEW MATTER OF DEFENDANT, KARNS PRIME AND FANCY_ FOOD, LTD. TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained herein and therefore denies the same and demands strict proof thereof at the time of trial. 2. Admitted. 3. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is admitted Answering Defendant, operated a location at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 4. Denied. After reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained herein and therefore denies the same and demands strict proof thereof, if material, at the time of trial. 5. Denied. After reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained herein and therefore denies the same and demands strict proof thereof, if material, at the time of trial. 6. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiffs injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 7. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 8. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. To the extent a further response is 4 warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 9. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 10. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 11. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. WHEREFORE, Defendant, Karns Prime and Fancy Food, Ltd. demands that judgment be entered in their favor and against Plaintiff. NEW MATTER 12. Defendant incorporates by reference their answers and defenses submitted in response to paragraphs 1 through 11 and make them a part hereof as though they were more fully set forth at length herein. 13. Defendant denies that it is guilty of any negligence, recklessness or carelessness which was the proximate or direct cause of the alleged damages or injuries sustained by Plaintiff. 14. Any injuries or damages caused to or sustained by Plaintiff were proximately or directly caused by the negligence, recklessness or carelessness of person(s) or entity(ies) other than Defendant, and over whom Defendant's exercised or had no control, nor the duty to control. 15. Any negligence, recklessness or carelessness found to be attributable to Defendant, which negligence, recklessness or carelessness is denied, is offset by the greater comparative or contributory negligence on the part of the Plaintiff, or of other third persons or entities, both named and unnamed. 16. Defendant breached no duty which may have been owed to Plaintiff. 17. Plaintiff assumed the risk of her damages, losses or injuries which limits and/or bars all claims asserted by Plaintiff. 18. Plaintiffs claims are barred in whole or in part by the applicable provisions of the Pennsylvania Comparative Negligence Act. 19. Plaintiff was contributively negligent and such negligence constituted more than fifty (50%) percent of all causes leading to the alleged incident. Thus, Plaintiff is not entitled to any relief as claimed herein. 20. At no time material hereto did Defendant permit to be or remain at the premises a defective, hazardous or unsafe condition causing an unreasonable risk of harm. 21. At all times material hereto, Defendant operated and maintained the premises in a reasonably safe condition. 22. It is denied that Plaintiff's injuries, damages or losses are causally related to the incident more particularly described in the Complaint. 23. The incident more particularly described in Plaintiff's Complaint was not the foreseeable result of any act or omission on the part of Defendant. 24. At no time material hereto did Defendant have any knowledge, actual or constructive, of any defective, hazardous or dangerous condition existing on or about the premises. 25. At no time material hereto did Defendant cause or contribute to the alleged incident more particularly described in Plaintiff's Complaint. 26. Defendant reserves the right to interpose such other defenses or objections to the allegations set forth in Plaintiff's Complaint as continuing investigation and discovery may disclose. WHEREFORE, Defendant, Karns Prime and Fancy Food, Ltd. demands that judgment be entered in their favor and against Plaintiff, that Plaintiff's Complaint be dismissed, with prejudice, and that Defendant be awarded costs incurred in the defense of this action. THE CHARTWELL LAW OFFICES, LLP By: Jack R. Canavan, Esquire Michael J. Diamond, Esquire Attorney for Defendant, Karns Prime and Fancy Food, Ltd. Date: --7& 'C VERIFICATION I, Michael J. Diamond, state that I am counsel and authorized representative of Defendant, Karns Prime and Fancy Food, Ltd., and verifies that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information and belief; and, that this statement is made subject to the penalties of 18 C.S. §4904 relating to unworn falsification to authorities. . ......... Michael J. Diamond Date: -67? THE CHARTWELL LAW OFFICES, LLP BY: Jack R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL Plaintiffs vs. KARNS PRIME AND FANCY FOOD, LTD.,: t/d/b/a KARNS QUALITY FOOD Defendant CERTIFICATE OF SERVICE Court of Common Pleas Cumberland County No.: 084666 Civil Term I, Michael J. Diamond, Esquire, attorney for defendant, Karns Prime and Fancy Food, Ltd., do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: ANSWER WITH NEW MATTER Service By: First Class Mail Addressed as follows: Attorney for Plaintiff Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THE CHARTWELL LAW OFFICES, LLP By: Jack°R.- C avan, Esquire Michael J. Diamond, Esquire Attorneys for Defendant, n Karns Prime and Fancy Food, Ltd. Date: "t' ' Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. l ?? G? ?? _. , ? -? ? ? 3 -r r*" ?,'? r: C? 't. €" } --? ,?- i ,. ,. ? 1^?:' ?± ,? _... :=G SHERIFF'S RETURN - REGULAR CASE NO: 2008-04666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PARNELL STACEY VS KARNS PRIME AND FANCY FOOD LTD MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KARNS PRIME AND FANCY FOOD LTD T/D/B/A KARNS QUALITY FOOD the DEFENDANT at 0015:15 HOURS, on the 11th day of August , 2008 at 1200 MARKET STREET LEMOYNE, PA 17043 by handing to TOM MALESIC MANAGER 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 Postage .42 9)?y?08 44.42 Sworn and Subscibed to before me this day So Answers: j R. Thomas Kline 08/13/2008 SHOLLENBERGER JANUZZI By: D putt' S eriff of A. D. SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER` AND NOW comes the Plaintiff, STACEY PARNELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOODS, as follows: 12. No response required. 13-26. The allegations set forth in paragraphs 13-26 of the Defendant's New Matter are conclusions of law which require no responsive pleading. By way of further answer, the allegations set forth in paragraphs 13-26 of the Defendant's New Matter are hereby denied. WHEREFORE, Plaintiff, STACEY PARNELL, respectfully requests Your Honorable Court strike the New Matter of Defendant and enter judgment in herfavor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Vail J. Januzzi, Esq. Attorney ID # 65575 Attorney for Plaintiff Date: a I r I (oy SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this / 1 day of September, 2008 1 hereby certify that I have served Plaintiff's Answer to Defendant's New Matter to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jack R. Canavan, Esq. Michael J. Diamond, Esq. The Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: !°Januzzi, Esq. ey I.D. #65575 C'a r?s C :3 . t'w" " ?'fi i rs t'?l -+a 1"x.7 r THE CHARTWELL LAW OFFICES, LLP BY: John R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 vs. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD STACEY PARNELL Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Court of Common Pleas Cumberland County Plaintiffs No.: 08-4666 Civil Term Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena 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 subpoena attached thereto, was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena are sought to be served. Pursuant to agreement of counsel, the twenty (20) day waiting period was waived. (2) a copy of the notice of intent and subpoena are attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served are identical to the subpoena which is attached to the notice of intent to serve the subpoena. TH] Date: i q I cri BY: ?w d THE CHARTWELL LAW OFFICES, LLP BY: John R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL Plaintiffs vs. KARNS PRIME AND FANCY FOOD, LTD., t/dj/b/a KARNS QUALITY FOOD Defendant Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Court of Common Pleas Cumberland County No.: 08-4666 Civil Term NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Karl Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff Defendant Karns Prime and Fancy Food, Ltd., t/d/b/a Kams Quality Food, intends to serve a subpoena identical to that attached to this notice to the deponent listed below, requesting records be produced at The Chartwell Law Offices, LLP, 1017 Mumma Road, Suite 100, Wormleysburg, PA 17043. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Custodian of Records, Kendra THE BY: Jbi Date: 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 717-909-5170 Attorney for Defendant, Karns Prime and Fancy Food, Ltd. 44 `v STACEY PARNELL, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Plaintiff, Civil Action -Law File No: 08-4666 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Kendra Davis M.D. 506 S. State Road Ma sville PA 17053 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Please see attached addendum. at The Chartwell Law Offices LLP 1017 Mumma Road Suite 100, Wormle sbur PA 17043. You many 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: John R. Canavan, Esquire ADDRESS: The Chartwell Law Offices, LLP 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 TELEPHONE: 717-909-5170 SUPREME COURT ID#: 36818 ATTORNEY FOR: Defendant, Kams' Prime & Fancy Food, Ltd. BY THE COURT: Seal of the Court Date: Prothonotary, Civil Division V. KARNS PRIME AND FANCY FOOD, LTD. Defendant. Deputy 11.- ADDENDUM TO SUBPOENA Including but not liming to office records, including notes, correspondence, admissions, discharge, medical bills, memoranda, radiology reports, history notes, and any other information relating to any examination or treatment rendered, regardless of treatment date or condition treated. PLEASE PROVIDE RECORDS FROM ALL OFFICES AT WHICH YOU TREAT PATIENTS. Patient: Stacey Parnell (also known as: Stacey Wiles, Stacey Linsenbach, Stacey Beers, Stacey Higgins Social Security No.: 187-54-0559 Date of Birth: 2/21/69 Dates of Treatment: Birth to present CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Certificate Prerequisite to Service of Subpoena upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Karl Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 Counsel for Plaintiff W OFFICES, LLP Dated: ?l 0 0( By: hn R. Canavan, Esquire VD. No.: 84728 1017 Mumma Rd. Suite 100 Wormleysburg, PA 17043 (717) 909-5170 Attorney for Defendant ? N ? C_? Kam r. _? `t9 .7.? . - +? ? f"" . 1'T': Cl?} ? ? t? t= ? >Jt"i'1 _^t7 C.J "? ',, SHO?LENBERGER & JANUZZI, LLP 2225 illennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorn vs for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-4666 Civil KARN PRIME AND FANCY FOOD, LTD., d/b/a KARNS QUALITY FOOD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED 4 I ursuant to Pa.R.C.P. 1033, the parties to this action hereby stipulate and agree Os follows: The parties agree that Plaintiff shall be permitted to amend her Comploint by inserting the following at paragraph 7 of the complaint and renumpering it accordingly: "7. The aforesaid incident and resulting injuries to the Plaintiff, ACEY PARNELL, were a direct and proximate result of the negligence, ness and recklessness of Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, which consisted of: a. Creating a dangerous condition in its store in the nature of standing water on the floor where patrons can reasonably be expected to walk; b. Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; C. Failing to provide any warning of the above referenced dangerous condition; d. Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the wet floor; and e. Creating or allowing a situation where it would be necessary for patrons to encounter dangerous conditions while in Defendant's place of business." A copy of the Amended Complaint is attached hereto as Exhibit "A." i The parties desire that this Stipulation be filed of record SHOLIJENBERGER & JANUZZI, LLP THE CHARTWELII/LA FFICES, LLP By: i u MIJ rriuzzi, Esq. for Plaintiff By. R. Canavan, Esq. sel for Defendant SHOLLI?NBERGER & JANUZZI, LLP 2225 Mille nnium Way Enola, Pe nsylvania 17025 Telephon e Number: (717) 728-3200 Fax Numb er: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. KARNS RIME AND FANCY FOOD, LTD., t/d /a KARNS QUALITY FOOD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE YO HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth i 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 a d filing in writing with the Court your defenses or objections to the claims set forth agai st you. You are warned that, if you fail to do so, the case may proceed without yo and a judgment may be entered against you by the Court without further notice for ny money entered against you by the Court without further notice for any money cl ?ou med in the Complaint or for any other claim or relief requested by the Plaintiff. may lose money or property or other rights important to you. YO SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLONBERGER & JANUZZI, LLP 2225 Mill nnium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff STACEY PARNELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. KARNS RIME AND FANCY FOOD, LTD., t/d b/a KARNS QUALITY FOOD, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas emandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo I partir de la fecha de la demanda y la notificacion. Usted debe presentar una apari ncia escrita o en persona o por abogado y archivar en la Corte en forma escrita su defensas o sus objeciones a las demandas en contra de su persona. Sea avisado q e si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra ust d sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros der chos importantes para usted. LL VE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TI NE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TA SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OF CINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AV RIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 I SHOLLONBERGER & JANUZZI, LLP 2225 Mill nnium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. KARNS RIME AND FANCY FOOD, LTD., t/d b/a KARNS QUALITY FOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4666 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AN NOW comes the Plaintiff, STACEY PARNELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. resides at 17011. 2. The Plaintiff, STACEY PARNELL, is an adult individual who currently 12B Richland Lane, Apt. T8, Camp Hill, Cumberland County, Pennsylvania The Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, is a Pennsylvania business corporation with its registered office address a 5430 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. It is believed and therefore averred that Defendant Karns Prime and Fancy Fo d, Ltd., does business as Karns Quality Foods, with a retail store located at 1200 Ma*t Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. The facts and circumstances hereinafter set forth took place on June 4, 2007, at of about 4:15 p.m., in the area of the frozen foods at the retail store located at 1200 Marl?et Street, Lemoyne, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the Plaintiff, STACEY PARNELL, was walking from the meat counter to the frozen foods aisle when she slipped in a puddle of water that) had leaked from a freezer and fell. 6. As a result of the aforesaid incident, Plaintiff, STACEY PARNELL, has suffered s rious and permanent injuries, including but not limited to the following: (a) Right carpal navicular fracture; (b) Right wrist injury; (c) Right knee contusion; (d) Severe shock to nerves and nervous system; (e) Extreme mental and physical anguish. 7. The aforesaid incident and resulting injuries to the Plaintiff, STACEY PARNELL were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, which consisted of: a. Creating a dangerous condition in its store in the nature of standing water on the floor where patrons can reasonably be expected to walk; b. Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; c. Failing to provide any warning of the above referenced dangerous condition; d. Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the wet floor; and e. Creating or allowing a situation where it would be necessary for patrons to encounter dangerous conditions while in Defendant's place of business. e 8. As a direct and proximate result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 9. As a further•result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered a?d may continue to suffer a loss of earnings for which damages are claimed 10. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered and may continue to suffer a loss of earning capacity for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which dam ges are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. REFORE, the Plaintiff, STACEY PARNELL, demands judgment against the Defendant, KARNS PRIME AND FANCY FOOD LTD, t/d/b/a KARNS QUALITY FOODS, fo? compensatory damages in an amount in excess of the amount requiring I arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: Aprils_, 2009 Karl J. Januzzi, Esquire Attorney I.D. No. 65575 2225 Millennium Way Enola, PA 17025 717-728-3200 (F TNT 2 CC9 H A 20 F 1: C 3 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED As a prerequisite to service of a Subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a Notice of Intent to serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate, (3) opposing counsel waived the 20 day notice period, and (4) the Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to serve the Subpoena. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: WA Karl nuzzi, Esq. Atto y I . D. # 65575 Date: 1. )609 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED r ,I ,,. , Plaintiff Stacey Parnell intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted: SHOLLENBERGER & JANUZZI, LLP Attorneys for Plaintiff By: JInuzzi, Esq. ey I. D. No. 65575 ev for Plaintiff Date: May 13 , 2009 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Stacey Parnell, Plaintiff vs Karns Prime and Fancy Foods, LTD., Defendant File No. 08-4666 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Perfect2M Refrigeration Service, Inc., 869 Water Street, P.O. Box 129, (Name ofPersou or Entity) Shoenakersv i I le, PA 19555 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Am aM a I I -roxp,rds relator' to the refrigeration units at the Lemoyne Karns Store, from 2004 to the present. at 2225 Millennium Way Enola PA 17025 (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: Karl J. Januzz i, Esq. ADDRESS: o e rger E anuzz i , LLP 2225 Millennium Way Enola. PA 17025 TELEPHONE: ( 717 ) 728-3200 SUPREME COURT ID # 65575 ATTORNEY FOR: P I a i n t i f f Date: /?f ea of the Court BY COURT: wriervVIN. Deputy SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant AND NOW this 1st day of June, 2009 1 hereby certify that I have served Certificate Prerequisite to Service of a Subpoena to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John R. Canavan, Esq. The Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: or. Januzzi, Esq. nev I.D. #65575 NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED 2Du3 J.t 'Il -3 F'i`ll i • 1 JUN 0 3 2009C7 C, SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this 3rd day of 7O4` , 2009, upon consideration of the attached Stipulation of the parties, it is hereby ORDERED that the Plaintiff shall be permitted to file an Amended Complaint identical to that attached to the Stipulation as Exhibit "A." BY THE COURT: X c:" K I J. Januzzi, Esquire k R. . Canavan, Esquire ?Jac tQ S ? nzu LL `1?1? . f i ru - p"i ^ f.7 ?`?? ?"?3 ?... -? i SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4666 Civil 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 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 Civil CIVIL ACTION LAW JURY TRIAL DEMANDED NOTIGIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas 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 Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attornevs for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW comes the Plaintiff, STACEY PARNELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully represents the following: 1. The Plaintiff, STACEY PARNELL, is an adult individual who currently resides at 12B Richland Lane, Apt. T8, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, is a Pennsylvania business corporation with its registered office address at 5430 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. It is believed and therefore averred that Defendant Karns Prime and Fancy Food, Ltd., does business as Karns Quality Foods, with a retail store located at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 4. The facts and circumstances hereinafter set forth took place on June 4, 2007, at or about 4:15 p.m., in the area of the frozen foods at the retail store located at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, the Plaintiff, STACEY PARNELL, was walking from the meat counter to the frozen foods aisle when she slipped in a puddle of water that had leaked from a freezer and fell. 6. As a result of the aforesaid incident, Plaintiff, STACEY PARNELL, has suffered serious and permanent injuries, including but not limited to the following: (a) Right carpal navicular fracture; (b) Right wrist injury; (c) Right knee contusion; (d) Severe shock to nerves and nervous system; (e) Extreme mental and physical anguish. 7. The aforesaid incident and resulting injuries to the Plaintiff, STACEY PARNELL, were a direct and proximate result of the negligence, carelessness and recklessness of Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, which consisted of: a. Creating a dangerous condition in its store in the nature of standing water on the floor where patrons can reasonably be expected to walk; b. Failing to exercise the duty of reasonable care required of business establishments to protect patrons from known and obvious dangerous conditions existing on the premises known to be used and of necessity to be used by said patrons; C. Failing to provide any warning of the above referenced dangerous condition; d. Failing to exercise reasonable care to make the condition safe or to warn patrons of the condition of the wet floor; and e. Creating or allowing a situation where it would be necessary for patrons to encounter dangerous conditions while in Defendant's place of business. 8. As a direct and proximate result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has suffered and may continue to suffer a loss of earning capacity for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, STACEY PARNELL, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. WHEREFORE, the Plaintiff, STACEY PARNELL, demands judgment against the Defendant, KARNS PRIME AND FANCY FOOD LTD, t/d/b/a KARNS QUALITY FOODS, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBF,tGER & JANUZZI, LLP By: F22 J. Januzzi, Esquire ney I.D. No. 65575 Millennium Way Enola, PA 17025 717-728-3200 Dated: June 26, 2009 • VERIFICATION • I, Stacey Parnell , hereby acknowledge that I am a Plaintiff in this action and that I have read the Amended Comp I a i nt and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Signature Date: 6/26/09 G:\GLOBAL\WPDATA\DOCS\INITIAL CONSULT DOCS (SETUPS)\Verification.wpd SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way, Enola, PA 17025 (717) 728-3200 ! FAX (717) 728-3200 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this 26 day of June, 2009, 1 hereby certify that I have served Plaintiff's Amended Complaint to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jack R. Canavan, Esq. Michael J. Diamond, Esq. The Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 SHOLLENBERGER & JANUZZI, LLP By: FILED-4--ill OF TNTW^;r,v,,? '?lA,IY 2004 JUN 29 PH 2: 2 2 1 Ci ee J'`'t tjr "AA W THE CHARTWELL LAW OFFICES, LLP BY: John R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL Plaintiffs vs. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD Defendant No.: 08-4666 Civil Term ANSWER WITH NEW MATTER OF DEFENDANT, KARNS PRIME AND F. FOOD, LTD. TO PLAINTIFF'S AMENDED COMPLAINT Defendant Karns Prime and Fancy Food, Ltd. ("Karns" or "Defendant"), by and through its undersigned counsel, The Chartwell Law Offices, LLP, hereby files this Answer and New Matter to Plaintiff's Amended Complaint as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained herein and therefore denies the same and demands strict proof thereof at the time of trial. To: Plaintiff: You are hereby notified to file w itten response to the enclosed New Mat r withi enty (20) days from ay be entered against service hereof or judF you. , LLP THE CH R W L LA CES BY: Joh . an an, Es re Mic ae J. Diamond, Esquire, Alto n ys for Defendant, Karn Prime and Fancy Food, Ltd. Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. Court of Common Pleas Cumberland County 2. Admitted. I 3. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is admitted Answering Defendant, operated a location at 1200 Market Street, Lemoyne, Cumberland County, Pennsylvania. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 4. Denied. After reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained herein and therefore denies the same and demands strict proof thereof, if material, at the time of trial. 5. Denied. After reasonable investigation, Defendant is without knowledge of information sufficient to form a belief as to the truth of the averments contained herein and therefore denies the same and demands strict proof thereof, if material, at the time of trial. 6. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 7. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 8. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 9. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 10. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 11. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. 12. Denied. The allegations set forth in this paragraph constitute conclusions of law to which a responsive pleading need not be made. By way of further answer, it is denied that Plaintiff's injuries, if any, were due to any act or omission on the part of Defendant. To the extent a further response is warranted, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained herein and therefore denies same and demands strict proof thereof at the time of trial. WHEREFORE, Defendant Karns Prime and Fancy Food, Ltd. demands that judgment be entered in its favor and against Plaintiff. NEW MATTER 13. Defendant incorporates by reference their answers and defenses submitted in response to paragraphs 1 through 11 and make them a part hereof as though they were more fully set forth at length herein. 14. Defendant denies that it is guilty of any negligence, recklessness or carelessness which was the proximate or direct cause of the alleged damages or injuries sustained by Plaintiff. 15. Any injuries or damages caused to or sustained by Plaintiff were proximately or directly caused by the negligence, recklessness or carelessness of person(s) or entity(ies) other than Defendant, and over whom Defendant's exercised or had no control, nor the duty to control. 16. Any negligence, recklessness or carelessness found to be attributable to Defendant, which negligence, recklessness or carelessness is denied, is offset by the greater comparative or contributory negligence on the part of the Plaintiff, or of other third persons or entities, both named and unnamed. 17. Defendant breached no duty which may have been owed to Plaintiff. 18. Plaintiff assumed the risk of her damages, losses or injuries which limits and/or bars all claims asserted by Plaintiff. 19. Plaintiff's claims are barred in whole or in part by the applicable provisions of the Pennsylvania Comparative Negligence Act. 20. Plaintiff was contributively negligent and such negligence constituted more than fifty (50%) percent of all causes leading to the alleged incident. Thus, Plaintiff is not entitled to any relief as claimed herein. 21. At no time material hereto did Defendant permit to be or remain at the premises a defective, hazardous or unsafe condition causing an unreasonable risk of harm. 22. At all times material hereto, Defendant operated and maintained the premises in a reasonably safe condition. 23. It is denied that Plaintiff's injuries, damages or losses are causally related to the incident more particularly described in the Complaint. 24. The incident more particularly described in Plaintiff's Complaint was not the foreseeable result of any act or omission on the part of Defendant. 25. At no time material hereto did Defendant have any knowledge, actual or constructive, of any defective, hazardous or dangerous condition existing on or about the premises. 26. At no time material hereto did Defendant cause or contribute to the alleged incident more particularly described in Plaintiff's Complaint. 27. Defendant reserves the right to interpose such other defenses or objections to the allegations set forth in Plaintiff's Complaint as continuing investigation and discovery may disclose. WHEREFORE, Defendant, Karns Prime and Fancy Food, Ltd. demands that judgment be entered in its favor and against Plaintiff, that Plaintiff's Complaint be dismissed, with prejudice, and that Defendant be awarded costs incurred in the defense of this action. THE CHAMTWEI# I/A?V OFFICES, LLP By: J R. Canavan, Esquire is ael J. Diamond, Esquire A rneys for Defendant, Karns Prime and Fancy Food, Ltd. Date: / VERIFICATION I, John R. Canavan, state that I am counsel and authorized representative of Defendant, Karns Prime and Fancy Food, Ltd., and verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief; and, that this statement is m §4904 relating to unsworn falsification to authorities. OI Date: ? I S v / 5. THE CHARTWELL LAW OFFICES, LLP BY: Jack R. Canavan, Esquire Attorney Identification No.: 84728 BY: Michael J. Diamond, Esquire Attorney Identification No.: 69420 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 (717) 909-5170 STACEY PARNELL vs. KARNS PRIME AND FANCY FOOD, LTD.,: t/d/b/a KARNS QUALITY FOOD Defendant Plaintiffs CERTIFICATE OF SERVICE Court of Common Pleas Cumberland County No.: 08-4666 Civil Term I, John R. Canavan, Esquire, attorney for defendant, Karns Prime and Fancy Food, Ltd., do hereby certify that I have served on the following parties a true and correct copy of the foregoing document and in the manner indicated below: Document: Service By: Addressed as follows: ANSWER WITH NEW MATTER TO AMENDED COMPLAINT First Class Mail Attorney for Plaintiff Karl J. Januzzi, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, PA 17025 THE C1AARTWELIJ LA?V OFFICES, LLP Date: 1 0 By: Attorneys for Defendant, Karns Prime and Fancy Food, Ltd. J15 Ir. CanM'van, Esquire chael J. Diamond, Esquire Aktorneys for Defendant, Karns Prime and Fancy Food, Ltd. r r l- cr TNL r no JUL. 12? ;vt?Tv CUM,: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the Plaintiff, STACEY PARNELL, by and through her attorneys, SHOLLENBERGER & JANUZZI, LLP, and respectfully answers the New Matter of Defendant, KARNS PRIME AND FANCY FOOD, LTD, t/d/b/a KARNS QUALITY FOOD, as follows: 13-17. The allegations set forth in paragraphs 13-27 of the Defendant's New Matter are conclusions of law which require no responsive pleading. By way of further answer, the allegations set forth in paragraphs 13-27 of the Defendant's New Matter are hereby denied. WHEREFORE, Plaintiff, STACEY PARNELL, respectfully requests Your Honorable Court strike the New Matter of Defendant and enter judgment in her favor. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: .'Januzzi, Esq. ey ID # 65575 ey for Plaintiff Date: A (?, a4 Og SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this ( day of July, 2009 1 hereby certify that I have served Plaintiff's Answer to Defendant's New Matter to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Jack R. Canavan, Esq. Michael J. Diamond, Esq. The Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: J anuzzi, Esq. Attorney I.D. #65575 f r'; OF THE R-7-l"'. 2 1, 991tIL -8 ?P i`i 2: 37 Cum: - SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO END, SETTLE AND DISCONTINUE To the Prothonotary: Kindly mark the above case, ended, settled and discontinued. SHOLLENBERGER & JANUZZI, LLP By: Karl / anuzzi, Esq. I.D. .65575 Aft rnev for Plaintiffs Date: 9131 c9 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff STACEY PARNELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS PRIME AND FANCY FOOD, LTD., t/d/b/a KARNS QUALITY FOOD, Defendant NO. 08-4666 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW this -3 day of September, 2009 1 hereby certify that I have served Praecipe to End, Settle and Discontinue to the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: John R. Canavan, Esq. The Chartwell Law Offices 1017 Mumma Road, Suite 100 Wormleysburg, PA 17043 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl anu zi, Esq. Atto ev I.D. #65575 CF TNc KRrl,"' ? `NARY 1009 SEP -4 PM 3: 00 CUMbE-t-,4 i? COUNTY PDASYLVANNA