Loading...
HomeMy WebLinkAbout09-0399 George S. Bussinger No. GN-0083 SCI - Somerset 1600 Walters Mill Road Somerset, PA 15510, Plaintiff, Pro Se IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA George S. Bussinger, and Ian S. Wireman v. The CentricStore, LLC, and Philip G. Louis, Jr. Civil Action No. 09 '3 '7 PETITION TO PROCEED IN FORMA PAUPERIS Now comes George S. Bussinger and Ian S. Wireman, Plaintiffs, Pro Se, seeking permission to proceed in forma pauperis, and in support thereof represent: 1. Affidavits in support of this petition are attached for Plaintiffs Bussinger (Attachment A) and Wireman (Attachment B ) . WHEREFORE, it is respectfully requested that the Court grant the Plaintiffs permission to proceed in forma pauperis. Respectfully Submitted, Date: Date:/, )3, 0 Ge rge Wus ger P ai e nti Se Ian S. Wireman Plaintiff, Pro Se ATTACHMENT A AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS BY GEORGE S. BUSSINGER 1. I am a Plaintiff in the instant matter and because of my financial condition I am unable to pay the costs and fees associated with prosecuting the above-captioned action. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of this litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: ** I have been continuously incarcerated since 12/31/2001. (a) Name: George S. Bussinger ADDRESS: See caption to petition. SOCIAL SECURITY NUMBER: 175-56-8565 (b) EMPLOYMENT I am not presently employed. The last date of my employment was October, 2001. My salary/wages were approximately $2,500.00 per month. TYPE OF WORK: Paralegal (c) OTHER INCOME WITHIN LAST TWELVE MONTHS Family/Friends/Etc.: $210.00 (Approx.) Inmate pay: $266.87 (Approx.)* Reimbursement: $600.00** * I make about 22 dollars per month. ** Will not occur again. . I have had no income from any source other than listed above. (d) OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT None (e) PROPERTY OWNED (1) Typewriter/Television/Radio: $200.00 (approx.) (2) Financial/Bank/Prison Account: $0.03 (3) Miscellaneous: $65.00 (approx.) (f) DEBTS AND OBLIGATIONS (approximate) Monthly hygiene/medical/legal supplies, etcetera: $60.00 Providian Financial: $1,724.00 Penn Credit Corporation: $906.72 PA & NJ DMV: $7,025.00 (g) None 4. I understand that I have a continuing obligation to inform the Court of improvements in my financial circumstances which would permit me to pay the costs incurred herein. 5. Any and all administrative remedies required to be exhausted have been exhausted. 6. I verify that the statements made herein are true and correct. I understand that any false statements made herein would subject me to the penalties of 18 Pa.C.S.A. § 4904, Relating to unsworn falsifications to authorities. Date: //? -/''/ Respectfully Submitted, Jt S Bus s'nger i f, Pr Se ATTACHMENT B AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS BY IAN S. WIREMAN 1. I am a Plaintiff in the instant matter and because of my financial condition I am unable to pay the costs and fees associated with prosecuting the above-captioned action. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of this litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: ** I have been continuously incarcerated since 03/19/2003. (a) Name: Ian S. Wireman ADDRESS: No. FQ-3860 • SCI - Somerset • 1600 Walters Mill Road • Somerset, PA 15510. SOCIAL SECURITY NUMBER: 292-76-2726 (b) EMPLOYMENT I am not presently employed. The last date of my employment was 2002. My salary/wages were approximately $2,000.00 per month. TYPE OF WORK: Roofing/Construction (c) OTHER INCOME WITHIN LAST TWELVE MONTHS (Approximate) Family/Friends/Etc.: $2400.00 Inmate pay: $350.00 * * I make about 25-30 dollars per month. I have had no income from any source other than listed above. (d) OTHER CONTRIBUTIONS TO HOUSEHOLD SUPPORT None (e) PROPERTY OWNED (Approximate Value) (1) Guitar/Television/Radio: $350.00 (2) Financial/Bank/Prison Account: $16.00 (3) Miscellaneous: $50.00 (f) DEBTS AND OBLIGATIONS (approximate) Monthly hygiene/medical/legal supplies, etcetera: $45.00 (g) None 4. I understand that I have a continuing obligation to inform the Court of improvements in my financial circumstances which would permit me to pay the costs incurred herein. 5. Any and all administrative remedies required to be exhausted have been exhausted. 6. I verify that the statements made herein are true and correct. I understand that any false statements made herein would subject me to the penalties of 18 Pa.C.S.A. § 4904, Relating to unsworn falsifications to authorities. Respectfully Submitted, Date: N3 Qq Ian S. Wireman Plaintiff, Pro Se CERTIFICATE OF SERVICE I, George S. Bussinger, hereby certify that I have caused a true and correct copy of the foregoing to be served on the following via first class U.S. mail: Angie G. Svonavec, Esq. Court of Common Pleas County Courthouse, Suite 165 111 E. Union Street Somerset, PA 15501 Respectfully Submitted, Date: Z3 ??d?9 SGe S ussinger ff, Pr Se C?3 c-N-a X17 1 U 1 l L? Lam. ,. J.? • George S. Bussinger No. GN-0083 SCI - Somerset 1600 Walters Mill Road Somerset, PA 15510, Plaintiff, Pro Se IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA George S. Bussinger, and Ian S. Wireman Civil Action v. CentricStore, LLC, and Philip G. Louis, Jr. No. O q ",31 CIVIL ACTION COMPLAINT 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 with twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for other any other claim or relief requested by the plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 VENUE: 1. This action is properly brought in this county, "the county in which the cause of action arose" and/or "where a transaction or occurrence took place out of which the cause of action arose." See Pa.R.C.P. rules 1006(A)(1), 2130(A), 2156(A), and 2179(A)(3-4). PARTIES: 2. Plaintiff, George S. Bussinger ("Bussinger"), is at all times material hereto an individual, currently having an address for service of process being: GN-0083 • SCI-Somerset 1600 Walters Mill Road • Somerset, PA 15510. 3. Plaintiff, Ian S. Wireman ("Wireman"), is at all times material hereto an individual, currently having an address for service of process being: FQ-3860 • SCI-Somerset • 1600 Walters Mill Road • Somerset, PA 15510. 4. Plaintiff, Proposed Class ("Class"), would consist of all prisoners who have been victimized by the Defendant(s) actions as set forth forth herein. 5. The term "Plaintiffs", as shall be used herein, will refer to both Plaintiffs Bussinger, Wireman and, when appropriate, the Proposed Class. i.e. The term shall have the meaning of all Plaintiffs having been named individually. 6. Defendant, CentricStore, LLC ("CentricStore") is at all times material hereto a limited liability company formed under the laws of the State of Missouri (charter number L00047459), having an address for service of process being: c/o CT Corporation System • 120 S. Central • St. Louis, MO 63105. 7. Defendant, Philip G. Louis, Jr. ("Louis"), is at all times material hereto the individual who organized defendant CentricStore, and is believed to be a current manager or president of same, and having an address for service of process being: One Metropolitan Square . Suite 2600 • St. Louis, MO 63102. FACTS: 8. On may 5, 2008, Plaintiffs Bussinger and Wireman ate "Snack Legends Monster Iced Honey Buns" ("Honey Buns") that they purchased, which are distributed by defendant CentricStore. 9. Shortly thereafter, Plaintiffs Bussinger and Wireman became ill and showed signs of food poisoning by way of vomiting and diarrhea. 10. Plaintiffs Bussinger and Wireman, assuming that the illness could have come from the evening meal, began asking the other hundred-plus prisoners on their housing unit if they experienced any similar symptoms, but none were located. 11. Plaintiffs Bussinger and Wireman, realizing that whatever made them ill was something that only they had eaten, began going over what they had eaten in order to find out what they had eaten in common. 12. Plaintiffs Bussinger and Wireman discovered that the only items they had both eaten were the Honey Buns, which had been purchased earlier that day. 13. Upon checking the Honey Bun wrappers from the disposal bags in their rooms. Plaintiffs Bussinger and Wireman discovered that the Honey Buns had no expiration dates. e.g. There was no way to determine when the Honey Buns should be eaten by. 14. A review of ALL Honey Buns purchased by other prisoners since that time revealed that a "best by" or "expiration" date is NEVER placed on the Honey Bun wrappers. 15. Plaintiffs Bussinger and Wireman asked other prisoners about the quality of the Honey Buns and were advised that the Honey Buns are routinely rotten. i.e. moldy. 16. Plaintiffs Bussinger and Wireman were further advised that it is not uncommon for prisoners to inspect the honey buns very carefully prior to eating them due to the frequency in which they are spoiled. 17. Plaintiffs Bussinger were not aware of the problems with the Honey Buns prior to eating them, and therefore did not inspect them. 18. On September 15, 2008, Plaintiffs Bussinger and Wiseman attempted to eat Honey Buns that were just purchased that day and were unable to do so because upon inspection, it was discovered that they were moldy. 19. Based upon information and belief, the Honey Buns sold by the Defendant(s) are sold sold only to incarcerated persons. 20. By knowingly and intentionally selling Honey Buns without "best by" or "expiration" dates, the Defendant(s) know that the Honey Buns will be sold regardless of their edibility. 21. By knowingly and intentionally selling Honey Buns without "best by" or "expiration" dates, the Defendant(s) are falsely advertising the Honey Buns as always edible. 22. There is only one reason for not placing "expiration" or "best by" dates on the Honey Buns, and that is to increase sales by defrauding and/or misleading prisoners into purchasing them. 23. The defendants know that prisoners have little ability to defend themselves against such fraudulent tactics. 24. But for the action(s) of the Defendant(s), Plaintiffs Bussinger and Wireman would not have suffered illness and its symptoms for several hours. 25. But for the action(s) of the Defendant(s), Plaintiffs Bussinger and Wireman would not have been defrauded out of the money that was spent on the Honey Buns that were spoiled. COUNTS: Count 1 THE DEFENDANTS BREACHED THE IMPLIED CONTRACT THAT THEY HAD WITH THE PLAINTIFFS 26. Paragraphs 1 through 25 are hereby incorporated by reference and made paragraph 26. 27. The Defendants sell the Honey Buns with a label that states in pertinent part.as follows: Now you can count on Snack Legends for more of everything you like ... quality ingredients, unique flavors, and great taste. 28. The Honey Buns are sold under the implication that they are edible. 29. The Defendants intentional failure to place "expiration" or "best by" dates on the Honey Buns they sell guarantees that the Honey Buns will be sold even though they are not edible. 30. The Defendants intentional selling of the Honey Buns as edible, while taking measures to ensure that they are sold regardless of their edibility, breaches the implied contract that they had with the Plaintiffs, as purchasers of Honey Buns. Wherefore, the Plaintiffs demand judgment against the Defendants jointly and/or severally on this count. Count 2 THE DEFENDANTS INTENTIONALLY DEFRAUDED THE PLAINTIFFS 31. Paragraphs 1 through 30 are incorporated herein by reference and made paragraph 31. 32. The Defendants intentional failure to place "best by" or "expiration" dates on their Honey Buns misleads Plaintiffs (consumers) into believing them to be forever edible, when in fact they are not. Wherefore, the Plaintiffs demand judgment against the Defendants jointly and/or severally on this count. CLASS ACTION ALLEGATIONS: 33. Paragraphs 1 through 32 are incorporated herein by reference and made paragraph 33. 34. The common questions of law or fact which will be addressed in this matter predominate over any question affecting only individual members. 35. The size of the Class would not exceed the population of the Pennsylvania Department of Corrections ( PA-DOC"). The management of the Class should not be difficult. 36. The prosecution of separate actions by individual Class members would (1) violate the principals of judicial economy as a result of the duplicate complaints which would likely be filed, need to be reviewed, docketed, etceteras, (2) create a risk of inconsistent or varying adjudications and would confront the party opposing the Class with incompatible standards of conduct, and (3) would create the risk of adjudications with respect to individual members of the Class which would as a practical matter be dispositive of the interests of other members not parties to the adjudications or substantially impair or impede their ability to protect their interests. 37. This Court would be the most appropriate forum for the litigation of the claims of the entire Class. 38. All issues relative to the Plaintiffs and the Class have been adequately addressed in this complaint. 39. Plaintiffs have no conflict of interest in the maintenance of the class action. 40. Should class action certification be granted the Plaintiffs would move for the appointment of counsel, and/or other appropriate relief, to assure that adequate financial resources will be available so that the interests of the Class will not be harmed. 41. The Plaintiffs reserve the right to amend this complaint once discovery is complete and more information becomes available. VERIFICATION: 42. The Plaintiffs certify that the statements made herein are true and correct. They are aware that false statements are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. CONCLUSION: 43. A jury trial is demanded. WHEREFORE, the Plaintiffs demand judgment against the Defendants jointly and/or severally for a permanent injunction preventing them from selling Honey Buns in the Commonwealth without an "expiration" or "best by" date being affixed to the packaging, and for a sum, to include punitive damages, in excess of the arbitration jurisdictional limits in effect in this county at the time of trial, plus interest, cost of this action, and/or compensatory and/or delay damages from any non-immune party. Date: Date: Respectfully Submitted, Jer S. Buss'nger o Se Ian S. Wireman Plaintiff, Pro Se N - _..,.,,.. i i-t '.,?';? Cam? -?•.J X - GEORGE S. BUSSINGER AND IN THE COURT OF COMMON PLEAS OF IAN S. WIREMAN, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFFS V. CENTRICSTORE, LLC AND PHILIP G. LOUIS, JR., DEFENDANTS 09-399 CIVIL TERM ORDER OF COURT AND NOW, this -??4 - day of February, 2009, IT IS ORDERED that the petitions of George S. Bussinger and Ian S. Wireman to proceed in forma pauperis, ARE DENIED.' George S. Bussinger, GN-0083, Pro se SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 ,,---`lan S. Wireman, FQ 3860, Pro se SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 :sal ,?%!a c LL a ?r?oq ' We will not consider in forma pauperis to file a civil class action suit against defendants not involving any conduct of the Department of Corrections or its agents. We further note that there is no statement in the proposed complaint which would form a basis for establishing venue in Cumberland County. ??. ? rA. _.. r -_ _. _. ? t%. =,== :..?... ? , c-. _. ?-Y - 1 George S. Bussinger ` No. GN-0083 SCI - Somerset 1600 Walters Mill Road Somerset, PA 15510, Plaintiff, Pro Se IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA George S. Bussinger, and Ian S. Wireman V. The Centric Store, LLC, and Philip G. Louis, Jr. Civil Action No. 09-399 MOTION FOR RECONSIDERATION OF THE COURTS FEBRUARY 3, 2009, ORDER DENYING IN FORMA PAUPERIS or in the alternative FOR PERMISSION TO PROCEED IN FORMA PAUPERIS FOR PURPOSE OF APPEAL TO THE SUPERIOR COURT Now come George S. Bussinger and Ian S. Wireman, Plaintiffs, Pro Se, requesting the Court to reconsider its order entered on February 3, 2009, denying permission to commence a civil action In forma Pauperis, or in the alternative to permit the Plaintiffs to proceed In Forma Pauperis for purpose of appeal to the Superior Court, and represent: 1. The Petitioner's attempted to commence the above-captioned civil action In Forma Pauperis. 2. On February 3, 2009, the Court denied the Plaintiff's permission to proceed in forma pauperis stating as follows: We will no consider in forma pauperis to file a civil class action suit against defendants not involving any conduct of the Department of Corrections or its . agents. We further note that there is no statement in the proposed complaint which would form a basis for establishing venue in Cumberland County. 3. With respect to the Court's statement regarding "class action" status, it is respectfully suggested that it is premature. 4. Determining whether a matter is suitable for class action status is governed by Pa.R.Crim.P. 1707, and is determined after the pleadings are closed or after the last required pleading is due. 5. Assuming, arguendo, that the Court subsequently denied the Plaintiffs class action certification, the case would proceed on the claims of the named Plaintiffs. 6. Furthermore, the Court prohibition against In Forma Pauperis class actions not involving the Department of Corrections or its agents is erroneous. 7. With respect to venue, the complaint (911) clearly stated why venue rested in Cumberland County. 8. For the Courts convenience, it is further stated that the Department of Corrections ("DOC") is headquartered in Cumberland County. Everything the defendant(s) have done resulted from a transaction or occurrence that originated in or through Cumberland County. 9. The majority of the witnesses who would be called in the even the matter proceeded to trial work for the DOC, which is in Cumberland County. 10. In the event the Court still prohibits the Plaintiffs I from proceeding In Forma Pauperis to commence the action, it is respectfully requested that the Plaintiffs be granted permission to proceed In Forma Pauperis for purpose of appeal to the Superior Court. Wherefore, the Plaintiffs request the Court to allow them to proceed and commence their action In`Forma Pauperis, or in the alternative to allow them to proceed In Forma Pauperis on Appeal to the Superior Court. Respectfully Submitted, Z/jam/moo 9 Date. Date: ) , i0 • 0? 1 60S e rge r, P in iIan S. Wireman, Plaintiff, Pro SE I VERIFICATION We, George S. Bussinger and Ian S. Wireman, hereby verify that the statements made in the foregoing papers are true and correct. We are aware that if any information is found to be false, we will be subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 9 Date: 1 , /0'0G Respectfully Submitted, J !S Busfnger iff, Pr Ian S. Wireman Plaintiff, Pro Se CERTIFICATE OF SERVICE I, George S. Bussinger, hereby certify that I have caused a true and correct copy of the foregoing to be served on the following via first class U.S. mail: Hon. Edgar B. Bayley, Judge Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Office of the Prothonotary Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Date : 210/Z1,42 Y Respectfully Submitted, dP or S. Bus inger ntiff, P Se ,-?? C? ? '? ?:. ?--. r?? r: ,?; ?: .... ?,- `t ? - i '; - -? ? ? ry. ?,- .??., ?. ??? ?? GEORGE S. BUSSINGER AND IAN S. WIREMAN, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CENTRICSTORE, LLC AND PHILIP G. LOUIS, JR., DEFENDANTS 09-399 CIVIL TERM nORDER OF COURT AND NOW, this ?' l day of February, 2009, IT IS ORDERED: (1) The motion for reconsideration of the order of February 3, 2009, IS DENIED. (2) The petition for permission to proceed in forma pauperis for purposes of appeal to the Superior Court of Pennsylvania, IS DENIED. XGeorge S. Bussinger GN-0083 SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 Alan S. Wireman FQ 3860 SCI Somerset 1600 Walters Mill Road Somerset, PA 15510 sal l.0 t F S ,,v, Lz,:L C -' J li ca: cti N ?