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HomeMy WebLinkAbout09-5401 JOHN ANTHONY LLOYD V. RITE AID CORPORATION JOHN DOE I, STORE EMPLOYEE JOHN DOE II, STORE EMPLOYEE JOHN DOE III, STORE EMPLOYEE IN RE: IN FORMA PAUPERIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 5401 CIVIL TERM ORDER OF COURT AND NOW, this 71-H- day of AUGUST, 2009, based on the attached petition to proceed In forma pauperis, the request is granted and JOHN A. LLOYD may proceed without payment of the costs. By the Court, Edward E. Guido, J. -- John Anthony Lloyd BH 5524 1111 Altamont Blvd. Frackville, Pa. 17931 :sld eory M?1(?CL FILED, 2 L9 AUG' -7 dirt I, ?•: , utgi. ?, ,.,?'?tf s ? .e IN THE COURT OF COMMON PLEAS CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA JOHN ANnIMY LLOYD V. RITE AID CORPORATION, JOHN DOE I. STORE EIIP MEE, JOHN DOES : III, STORE EMPIDYEE JOHN DOE III, STORE; EHPIOYEE , AUG 0 4 2009 CIVIL ACTION NO. JURY TRIAL DEIKAMM IN FORMA PAUPERIS STATEMENT I, JOHN A. IJAYD , state under penalties provided by 18 PA.C.S.A. § 4904 (unsworn falsification to authorities) that: 1. I am the petitioner in the above-entitled action. 2. I have read the foregoing petition and know the contents and the same are true to my own knowledge, except those matters stated to be alleged about persons other than myself, and, those matters I believe to be true. 3. This statement I made to inform the court of my status of indigence. 4. I am not presently employed other than by virtue of low paying prison wages. 5. I have not received recently any income from a business, profession, or other form of employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other resources. 6. I do not own any real estate, stocks, bonds or notes. 3 1 f 7. I do not own any cash or checking or savings account. 8. There is no one dependent upon me for financial support, due to my incarceration. I understand that a false statement of fact, pertaining to my ability to prepay costs in this statement will subject me to penalties for perjury. u`- /s/ ae2?' Dated: 13? ZOO? Pet' 'over, pro-se 2 PAGE 1 D-B-1014 INMATE NAME NUMBER LAST BH5524 LLOYD BATCH DATE # MO DY YEAR INMATE ACCOUNTS SYSTEM MONTHLY ACCOUNT STATEMENT FIRST MI JOHN A TRANSACTION DESCRIPTION 07-23-2009 1007 FRA OLD BALANCE 11.69 TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 8177 06-26-2009 86 FRA COMMISSARY CR 32 FOR 6/26/2009 3.00 14.69 8189 07-08-2009 32 FRA COMMISSARY FOR 7/08/2009 -9.82 4.87 702 07-10-2009 36 PRINTED MATERIALS COPIES 6/24-30/09 -.50 4.37 712 07-14-2009 37 POSTAGE POSTAGE 7/14/09 -1.22 3.15 9197 07-16-2009 10 INMATE EMPLOYMENT CFRA Payroll 2009-06 Grp 3' 9.75 12.90 9204 07-23-2009 10 INMATE EMPLOYMENT CFRA Payroll 2009-06 Grp 4' 30.00 42.90 NEW BALANCE AS OF THIS STATEMENT -------------------- -42,9'0 f FILE- 1 , i4y OF THIS- 1 l i.. ? 21309 AUG -4 Ali 110: 42 GUf ; s See Rule *205.2(b)(1) on Page 5 A0. o9-S 961 FOR PROTHONOTARY USE ONLY LNTIFF'S NAME P AI -DEFENDANT'S NAME c' U c PLAINTIFF' ADDRESS DEFENDANT'S ADDRES %111 o f $/ (. fiuk-v. ll? 34 )lU44 « WAC2, G, ?i4 `1 A 11011 PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANTS NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS Total No. of Plaintiffs Total No. of Defendants COMMENCEMENT OF ACTION f / Complaint Petition Action _ Notice of Appeal Writ of Summons Transfer From Other Jurisdictions AMOUNT IN CONTROVERSY COURT PROGRAMS 50,000.00 or less Settlement -Arbitration _ Mass Tort _ Commerce _ More than $50 000 00 -- Jury _ Savings Action _ Minor Court Approval _ Minors , . _ Non-Jury _ Petition _ Statutory Appeals _ W / D / Survival Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) Pet a.5,g61x -5....5, (L?) . 2 Ir ; A4 aa* AS ?z 4 S ti STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDER? Yes No TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'S ! PETITIONER'S / APPELLANTS ATTORNEY ADDRESS (SEE INSTRUCTIONS) - I 1 i ?\ ! \ ?' Ka . n A t PHONE NUMBER FAX NUMB s. ?r fireAC,iCv±?le PA 013% SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS SIGNATURE o DATE a z 4? / 3 Z.o co 179 OF DiF P; H09 AUG -4 Ali 1o: 43 PEN ' 1N THE COUNT OF COMA 101v PLEAS OF AUG 0 4 200 trxnbasrfkA d COUNTY, PENNSYLVA NIA CIVIL ACTION JOHN AkITHONY LLOYD, , P14=r.ti , VS. NO. C'-l cyiQ ? . D-?-S-Y01 CoQQQ?'?1a ? - RITE AID S, CIVIL ACTION COMPLAINT JOHN DOE I, STORE EMPLOYEE, JOHN DOE II, STORE EMPLOYEE, JURY TRIAL DEMANDED JOHN DOE III, STORE EMPLOYEE', Defendants , ,.. PARTIES 1. Plaintiff. John Anthony Lloyd, AKA Anthony Brown, is a legal citizen of the United States and an adult resident of Philadelphia, PA. 2. Defendant, Rite Aid ?t-ems, is a business corporation who operates franchise stores throughout Philadelphia, Pennsylvania and maintains a place of business at 260 W. Lehigh avenue, Philadelphia, PA, 19133. 3. Defendant John Doe I is an employee of Defendant, Rite Aid 4km?w St-&res, located at 260 W. Lehigh Avenue, Philadelphia, PA, 19133. 4. Defendant John Doe II is an employee of Defendant,- Rite Aid * w¦pg Stores, located at 260 W. Lehigh Avenue, Philadelphia, PA, 19133. 5. Defendant John Doe III is an employee of Defendant, Rite Aid eta Stores, located at 260 W. Lehigh Avenue, Philadelphia, PA, 19133. STATEMENT OF THE CASE 6. On January 16, 2008, at approximately 10:30 pm, plaintiff entered the Rite Aid Pharmacy Store located at 260 W. Lehigh Avenue to buy a pack of cigarettes. While waiting to be served, plaintiff was approached by a tall, heav built black man whc identifies hirase_= a.s a Store manaaer 'herein after: John Doe I). 7. John, Doe I then asked plaintiff to go with him to the back of the store. Plaintiff refused and John Doe I grabbed plaintiff by the arm and began to man-handle him, pulling and pushing him to the back of the store. 8. A struggle ensued and John Doe I wrapped his arm around plaintiff's neck, lifting plaintiff off of the floor and chocking plaintiff to the brink of consciousness. 9. While being choked, plaintiff heard John Doe I call out to two other store employees (herein after, John Does II & III) who began to beat and punch plaintiff in the face and body immediately upon their arrival. 10. Plaintiff was barely conscious as John Doe I dragged him into the storeroom by his neck. once inside the room, John Does II & III began, to beat and punch plaintiff again. During this beating, John Doe II grabbed plaintiff by his private parts (penis and testicles) and twisted until plaintiff screamed out in pain. 11. John Doe II then began to hit plaintiff in the face and head with a blunt object that caused numerous lumps and a one inch gash on plaintiff's forehead. 12. John Doe I threw plaintiff to the floor and then all three men started to kick plaintiff repeatedly in the head, arms, chest, stomach, back, and legs. 13. As a direct result of the actions of defendants, John Does I, II, and III, plaintiff suffered the following injuries, some or all of which may be permanent in nature: (a). cuts and abrasions to face and head; (b). bruises and swelling to the back, legs, chest, and arms; (c). injury and damage to back of head and neck, which caused nerve damage and limbed (d). injury and damage to skin, muscles, tendons, disks, nerves, and tissue of the neck area, back, and spine; (e). severe sprains and strains and injury and damage to the bones. joints, muscles, ligaments, tendons, disks of the neck and tissue of the body; and, (f). nervousness, emotiohal distress, and anxiety. 14. As a result of these injuries, plaintiff sustained the following damages: (a). plaintiff has endured. and will continue to endure great pain, suffering, embarrassment, mental anguish, and emotional and psychological trauma; (b). plaintiff will be required to expend large sums of money for medical treatment and care, surgical appliances, rehabilitation and therapeutic treatment; (c). the general health, strength, and vitality of plaintiff have been impaired; and, (d). plaintiff has been and will in the future be unable to enjoy various pleasures of life that he previously enjoyed. 15. At all times relevant to this complaint defendants, John Does I, II, and III, were employed. by defendant Rite Aid and acted within the scope of training and authority given them by and through defendant Right Aid" Pharmacy Stores. COUNT I LIABILITY 16. Plaintiff incorporates by reference Paragraph lthrough 15 of this complaint. 17. At the time of the incident, defendant Rite Aid - employed defendants, John Does ? , -mi l a,IC _ iI , i1G was S: `r r1 cr !y responsible ?or training and oversight of the daily conduct of all employees, to which defendant Rite Aid Pharmacy Stores boasts respectability, courtesy and professional customer service. 18. Contrary to these representations, the defendant's, Rite Aid Pharmacy Stores, employees, John Does I, 'II, and III's, actions and` attitudes were disrespectful, volatile, abrasive, and highly assaultive.' 19. Defendant, Rite Aid 'Abo , is liable over to the plaintiff by way-of indemnification and/or contribution -- and/or assumt and trespass. WHEREFORE, Plaintiff demands a judgement in his favor and against defendant Rite Aid Pharmacy Stores in the amount of $25,000. COUNT II NEGLIGENCE 20. Plaintiff incorporates by reference paragraph 1 through 15 of this complaint. 21. As a result of the negligence of defendant Rite Aid Picgg?A:404 failure to properly train and instruct its agents, servants and employees, plaintiff sustained various injuries and damages (See Paragraphs 13-14). WHEREFORE, plaintiff demands a judgement in his favor and against defendant Rite Aid Pharmacy Stores in the amount of $25,000. DAMAGES 22. Plaintiff incorporates by reference paragraphs 1 through 15 of this complaint. 23. Plaintiff respectfully prays that the Court enter a judgement granting relief as follows: 24. Compensatory damages against all defendants jointly and severally in the amount of $10,000 each for wanton infliction of pain and suffering imposed on plaintiff; 25. Punitive damages against ail aefenaants jointly ana severally in the amount of $15,000 each for the reckless and deliberate disregard to plaintiff's health and safety; 26. Punitive damages against all defendants jointly and severally in the amount of $5,000 each for the purposeful and deliberate negligence which caused plaintiff unnecessary pain°and suffering, mentally and physically; 27. Punitive damages against defendants, John Does I, 'II, and III, in the amount of $5,000 each for excessive force which caused plaintiff unnecessary pain and suffering; 28. Award plaintiff attorney's fees and cost of the suit; 29. A jury trial on all issues triable by jury; and, 30. Award any further relief the Court deems just, proper, and equitable. WHEREFORE, based upon the averments made herein, plaintiff demands a judgement against all defendants jointly and severally in full for damages in the amount of $185,000 (one hundred, eighty five, thousand dollars), excluding attorney's fees and cost of this suit. /3 2b? RESPECTFULLY SUBMITTED: Z hn Anthony Lloyd t . 1 A?vf-tiotir .C/"d,. "61-1 sszy 41 otir- b/yd. rep cX„ 1lc, PA. > 7 93 1 Cl) N W O c,-, N r EE W m CD U. 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C?Ati19 er? . t?1 e? atLE , PSI- ??o?e,?. es?e???u?lti Me4eS An;.s At&,.tANAf- Cnu-V A- "oa_ 3AM- A Q P04,4 r Me ? a i asSiS nlMVL-1-? n? CMI.VJSeA Q.e.P aesera?- 1 N AW%S C-U d..Q_e ,jAc 0 cGkia a b 4el P, yA ZO, 2x00q Johh? 4A14AbAd 1-10JJ1 19N-,5..524 e11AcJtvi11e , A4 1'I931 +l s ?`i "Y ?ft IN THE COURT OF COMMON PLEAS CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA Doha ArAkbmS Lkwfl V. Or- \1qt& C00bQ.A'VQ.A, --4. M . CIVIL ACTION No. 2o09 - S y01 NO. S YD 5t px e , C'? Ln'A' w "D A IN FORMA PAUPERIS STATEMENT I, 1o?hry A. L /oyJ , state under penalties provided by 18 PA.C.S.A. § 4904 (unsworn falsification to authorities) that: 1. I am the petitioner in the above-entitled action. 2. I have read the foregoing petition and know the contents and the same are true to nay own knowledge, except those matters stated to be alleged about persons other than myself, and, those matters I believe to be true. 3. This statement I made to inform the court of my status of indigence. 4. I am not presently employed other than by virtue of low paying prison wages. 5. I have not received recently any income from a business, profession, or other form of employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other resources. 6. I do not own any real estate, stocks, bonds or notes. 1 lif 7. I do not own any cash or checking or savings account. 8. There is no one dependent upon me for financial support, due to my incarceration. I understand that a false statement of fact, pertaining to my ability to prepay costs in this statement will subject me to penalties for perjury. Dated: dagus4 20, 2U69 /s/ Pe ' loner, pro-se 2 2009 SAP c" Pil 2: 1 i (ra. 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