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Home My WebLink About08-6281CLAUDIA A. TOMKIEL and her husband : IN THE COURT OF COMMON PLEAS OF JOSEPH V. TOMKIEL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 2008- /0,,V/ CIVIL TERM WAL-MART STORES, INC., CIVIL ACTION - LAW Defendant PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, WAL-MART STORES, INC. and enter my appearance on behalf of the plaintiffs, CLAUDIA A. TOMKIEL and her husband, JOSEPH V. TOMKIEL. Please direct the Sheriff to serve the defendant as follows: WAL-MART STORES, INC. 60 NOBLE BOULEVARD CARLISLE, PA 17013 By: October 22, 2008 Respectfully submitted, IRWIN & Marcus AZe?t ni t,JE squire 60 West P u! eet, C isle, PA 17013 (717) 249-2353 Sup a urt I.D. No: 25476 To: WAL-MART STORES, INC. You are hereby notified CLAUDIA A. TOMKIEL and her husband, JOSEPH V. TOMKIEL, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. A --t !f! (.(ice 'e. A'g PROTHONOTARY By: 1'oe? a_ ?• "?'y DEPUTY Date: lk-4 - ?a 9 2008 SZ1 ? \ fly g un SHERIFF'S RETURN - REGULAR CASE NO: 2008-06281 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOMKIEL CLAUDIA A ET AL VS WAL-MART STORES INC RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WAL-MART STORES INC the DEFENDANT , at 0020:17 HOURS, on the 24th day of October 2008 at 60 NOBLE BOULEVARD rART,TSLE. PA 17013 DUSTIN KUNKLE by handing to ASSISTANT MANAGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Postage .42 33.42- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/27/2008 MARCUS MCKNIGHT By : LL20-m?/ Deputy Sheriff of A. D. McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney ID NO: 62310 By: Analisa Sondergaard, Esquire Attorney ID NO: 74223 860 First Avenue, Suite 5B King of Prussia, PA 19406 (610) 337-2087 Phone Attorneys for Defendant Wal-Mart (610) 227-2575 Fax CLAUDIA A. TOMKIEL and her husband, COURT OF COMMON PLEAS JOSEPH V. TOMKIEL, CUMBERLAND COUNTY, PA Plaintiffs, V. NO. 2008-6281 - CIVIL TERM WAL-MART STORES, INC., Defendant. PRAECIPE TO FILE COMPLAINT Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. McDONNELL & ASSOCIATES, P.C. Dated: November 5, 2008 By: li4'x ?P?V'P4 Analisa Sondergaard, E wire Attorney for Defendant, Wal-Mart Stores, Inc. RULE TO FILE COMPLAINT AND NOW, this day of k COmjo,?r- , 2008, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer an entry of a Judgment of Non Pros. ?s , rothonotary OK$ ev c? ? ? r-? ? x c?a ? -r - , -f. f' ,„? ??....: a _ 1/ `? ?? ?. ' ' ? T`? C." L? TI ? i ""?" ?:? 14 McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney ID NO: 62310 By: Analisa Sondergaard, Esquire Attorney ID NO: 74223 860 First Avenue, Suite 5B King of Prussia, PA 19406 (610) 337-2087 Phone (610) 227-2575 Fax Attorneys for Defendant Wal-Mart Stores, Inc. CLAUDIA A. TOMKIEL and her husband, JOSEPH V. TOMKIEL, Plaintiffs, V. WAL-MART STORES, INC., Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-6281 - CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendant, Wal-Mart Stores, Inc., more correctly identified as Wal-Mart Stores East, L.P., in the above-captioned matter. McDONNELL & ASSOCIATES, P.C. 01.1 By: C Patrick J. McDonnell, Esq e Analisa Sondergaard, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. Date: November 5, 2008 McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney ID NO: 62310 By: Analisa Sondergaard, Esquire Attorney ID NO: 74223 860 First Avenue, Suite 5B King of Prussia, PA 19406 (610) 337-2087 Phone Attorneys for Defendant (610) 227-2575 Fax Wal-Mart Stores, Inc. CLAUDIA A. TOMKIEL and her husband, JOSEPH V. TOMKIEL, Plaintiffs, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-6281 - CIVIL TERM WAL-MART STORES, INC., Defendant. DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Wal-Mart Stores, Inc., more correctly identified as Wal-Mart Stores East, L.P., by and through its undersigned counsel, hereby demands a trial by jury in the above-captioned matter. McDONNELL & ASSOCIATES, P.C. By: OywG LM*0??" Patrick J. McDonnell, Esq re Analisa Sondergaard, Esquire Attorneys for Defendant Wal-Mart Stores, Inc. Date: November 5, 2008 CLAUDIA A. TOMKIEL and her husband, COURT OF COMMON PLEAS JOSEPH V. TOMKIEL, CUMBERLAND COUNTY, PA Plaintiffs, : V. NO. 2008-6281 - CIVIL TERM WAL-MART STORES, INC., Defendant. CERTIFICATE OF SERVICE I, Analisa Sondergaard, Esquire, hereby certify that a true and correct copy of the Entry of Appearance and Jury Demand on behalf of Defendant was served via facsimile on this date to counsel named below: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 (717)249-6354 Counsel for Plaintiffs McDONNELL & ASSOCIATES, P.C. ?j/? n ?k By:_/)M Iir?G ?W? V" Patrick J. McDonnell, Esg41re - 62310 Analisa Sondergaard, Esquire - 74223 The Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19406 Attorneys for Defendant Wal-Mart Stores, Inc. n ,•: c ? 1 CLAUDIA A. TOMIOEEL and her husband JOSEPH V. TOMIQEL, Plaintiffs v. WAL-MART STORES, INC. and WAL-MART STORES EAST, L.P., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008 - 6281 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 CLAUDIA A. TOMKIEL and her husband JOSEPH V. TOMKIEL, Plaintiffs V. WAL-MART STORES, INC. and WAL-MART STORES EAST, L.P., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008 - 6281 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, this 190' day of November 2008 comes the plaintiffs CLAUDIA A. TOMKIEL and JOSEPH V. TOMKIEL, her husband, by and through their attorneys, Irwin & McKnight, and makes the following Complaint against the defendant, WAL-MART STORES, INC. and WAL-MART STORES EAST, L.P., as follows: 1. The plaintiffs are Claudia A. Tomkiel and Joseph V. Tomkiel, adult individuals residing at 644 Yorkshire Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The defendant, Wal-Mart Stores, Inc., is a corporation conducting business with the Commonwealth of Pennsylvania and the County of Cumberland and Wal-Mart Stores East, L.P., with a mailing address of 60 Noble Boulevard, Cumberland County, Carlisle, PA 17013. 3. On November 16, 2006, the Plaintiff, Claudia A. Tomkiel, went to the business location of the Wal-Mart Store as a business invitee at the location of the business being 60 Noble Boulevard, Carlisle, Pennsylvania. 4. The area in which the Plaintiff was walking and shopping was under the supervision and control of employees and agents of Wal-Mart Stores, Inc. 3 5. In the course of visiting the Wal-Mart Store in Carlisle, Pennsylvania, at approximately 11:00 a.m. the Plaintiff, Claudia A. Tomkiel, slipped and fell on clear liquid substance which was on the floor the Wal-Mart Store near the rear of the store near the infant department and the dairy department in the grocery area of the store. The clear liquid substance was in a puddle over an extensive area. 6. In the process of the fall, the Plaintiff, Claudia A. Tomkiel, struck her right side sustaining injuries to her right wrist, right shoulder, neck, right lower back, and her right knee. 7. At the time of the fall, the Plaintiff, Claudia A. Tomkiel, was using due care and was watching where she was walking. The Plaintiff was unable to detect the water until she fell. 8. The plaintiff, Claudia A. Tomkiel, sought medical treatment from her family physician and a chiropractor. 9. As a result of the fall at the Wal-Mart Store, the plaintiff sustained injuries to her right wrist, right shoulder, neck, right lower back and right knee. 10. The Plaintiff, Claudia A. Tomkiel, also sustained injuries causing significant pain and suffering and seeks damages for past, present and future pain and suffering as well as damages for any permanent injuries. 4 11. The Plaintiff also seeks payment of her medical expenses which she incurred and may incur in the future to treat the plaintiff as well as her future medical expenses for medical treatment, surgery and therapy. 12. The Plaintiff's injuries were a result of the negligence of the employees and agents of Wal-Mart Stores, Inc. 13. The Defendant, Wal-Mart Stores, Inc., was responsible for providing a safe environment in the store. 14. The Defendant was negligent in that it failed to do the following: a. To provide adequate warning to customers of a hazardous area in the store; b. To provide customers with a safe area to walk; C. To provide adequate maintenance checks to prevent hazardous and dangerous conditions to exist in the store; d. To provide adequate maintenance to clean up unsafe area; e. In the course of maintaining the area or stocking the shelves, the employees or agents of the Defendant negligently created and permitted the clear liquid to accumulate on the floor on a large area of the store. f. The employees or agents of the Defendant failed to clean up or remove the clear liquid for a sustained duration of time. 15. The negligence of the Defendant, Wal-Mart Stores, Inc., is the proximate cause of the injuries sustained by the Plaintiff. 5 16. The Defendant has breached its duty to provide a safe environment for the Plaintiff which resulted in the injuries sustained by the Plaintiff. 17. The Plaintiffs, Claudia A. Tomkiel and Joseph V. Tomkiel, her husband, seek compensation for the pain and suffering, emotional distress, and loss of life's pleasures since the date of the accident as well as the compensation for future losses they will incur in these areas. 18. The Plaintiff, Joseph V. Tomkiel, seeks damages for the loss of society he has sustained due to the inability of his wife to engage in pre-injury activities she enjoyed with her husband. The Plaintiff, Joseph V. Tomkiel, also seeks damages for the time he has spent as the primary caregiver in order to assist his wife with her painful injuries and disabilities. THEREFORE, the Plaintiffs, Claudia A. Tomkiel and Joseph V. Tomkiel, seeks damages against the Defendant, in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars together with the costs of this action and interest as permitted by law. Respectfully submitted, IRWIN =MCKNIGHT e7 B y: MaZe us . ight, III, Esq 're 60 omfret Street Carlisl Pennsylvania 17013 (717)249- Supreme Court I.D. No. 25476 Date: November 19, 2008 Attorney for plaintiffs 6 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ? ? d' -) 1, 1 ^-- * *'d-a CLAUDIA A. TOMMEL Date: November 19, 2008 7 CLAUDIA A. TOMKIEL and her husband JOSEPH V. TOMKIEL, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008 - 6281 CIVIL TERM WAL-MART STORES, INC. and CIVIL ACTION - LAW WAL-MART STORES EAST, L.P., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Analisa Sondergaard, Esq. McDonnell & Associates, P.C. Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19405 IRWIN & McEMGHT By: 60 West Po fret Street Carlisle, PA (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 19, 2008 8 C 9 T: - ,F 13 !S r r -?` lip -r T McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney ID NO: 62310 By: Analisa Sondergaard, Esquire Attorney ID NO: 74223 860 First Avenue, Suite 5B King of Prussia, PA 19406 (610) 337-2087 Phone Attorneys for Defendant Wal-Mart (610) 227-2575 Fax CLAUDIA A. TOMKIEL and her husband, COURT OF COMMON PLEAS JOSEPH V. TOMKIEL, CUMBERLAND COUNTY, PA Plaintiffs, V. WAL-MART STORES, INC., Defendant. NO. 2008-6281 - CIVIL TERM CERTIFICATE OF SERVICE I, Analisa Sondergaard, Esquire hereby certify that a true and correct copy Defendant, Wal-Mart Stores Inc.'s Praecipe for Rule to File Complaint was served via Certified Mail, Return Receipt Requested, on November 21, 2008, to the counsel below named: Dated: November 21, 2008 Marcus A. McKnight, III Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013-3222 MCDONNELL & ASSOCIATES, P.C. VA",? By: , Analisa Sondergaard, Es ire Attorney for Defendant Wal-Mart Stores, Inc. cw.:y -F3 s.r 1 77, rk,5 ; 82.131 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No. 62310 By: Analisa Sondergaard, Esquire Attorney I.D. No. 74223 The Metropolitan Business Center 860 First Avenue, Suite 513 King of Prussia, PA 19406 asonder ag ardgmcda-law.com (610) 337-2087 - Telephone (610) 337-2575 - Facsimile CLAUDIA A. TOMKIEL and her Husband JOSEPH V. TOMKIEL, Plaintiffs, V. WAL-MART STORES, INC. and WAL-MART STORES EAST, L.P., Defendants. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 2008-6281 STIPULATION TO LIMIT DAMAGES THE PARTIES hereby understand and agree to the following: - Defendant, Wal-Mart Stores East, L.P. (improperly pled as "Wal-Mart Stores, Inc.") (hereinafter referred to as "Wal-Mart"), has the right, pursuant to 28 U.S.C. 1441, to remove this matter to federal court. - Wal-Mart is willing to forego that right in exchange for the agreement of all parties to limit the damages which the Plaintiffs are entitled to recover, if any; and In reliance upon the express agreement of parties to the limitation of damages set forth herein, Wal-Mart will agree not to exercise its right to remove this matter to the federal court. y THEREFORE, on this W_ day of December, 2008, the parties hereby STIPULATE AND AGREE that the full amount and/or value of any and all damages, costs, expenses and fees (including pre judgment interest) to which Plaintiffs may be entitled in this matter shall not exceed Seventy-Five Thousand Dollars ($75,000). IRWIN & MCKNIGHT DATE:_L'tG ?u0?b BY: Marcus A Mc , III, q6e Attorneys for th aint' McDONNELL & ASSOCIATES, P.C. DATE: 9- ?'Q(Y BY: Analisa Sondergaard, Esquir Attorneys for Defendants C7 C: °+rs fTi J w McDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney ID NO: 62310 By: Analisa Sondergaard, Esquire Attorney ID NO: 74223 860 First Avenue, Suite 5B King of Prussia, PA 19406 (610) 337-2087 Phone Attorneys for Defendant Wal-Mart (610) 227-2575 Fax CLAUDIA A. TOMKIEL and her husband, JOSEPH V. TOMKIEL, Plaintiffs, ; V. WAL-MART STORES, INC.,, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-6281 - CIVIL TERM ORDER TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. IRWIN & CKNIG , P.C. Fk By: \ , Marcus ?. Mc t, Attorneys r Plaintiffs Date: February 5, 2009 r-z? cp