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HomeMy WebLinkAbout09-5831DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 01- 53/ C'I'V, l 71rM JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: Please issue a writ of summons in the above captioned action. Writ of Summons shall be issued and forwarded to the Cumberland County Sheriffs Office. Date:, Respectfully submitted, Rominger & Associates K l E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff WRIT OF SUMMONS To The Above Named Defendants: Sheetz, Inc. Dart Container Corporation 5700 6`h Avenue 500 Hogsback Road Altoona, Pennsylvania 16602 Mason, MI 48854 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary 7 Date: 81A Zlkl ? By: - ? Deputy 0<1 r OF 1I '?+ ! t f1r V... t L ? r?v 2009 AUu 24 Fib 27 PGl "17d s o ??y POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 DEBRA MARSH, Plaintiff, VS. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendants. ATTORNEYS FOR DEFENDANT DART CONTAINER CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-5831 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Dart Container Corporation, in the above-captioned matter. Defendant demand a Jury Trial of Twelve Jurors. POST & SCHELL, P.C. By: Dated: September 4, 2009 MBA. omsma, Esquire Attorneys Defendant Dart Con ' er Corporation CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Karl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 Sheetz, Inc. 5700 6th Avenue Altoona, PA 16602 SANDRA MORALES DATE: w/o 2 f FFICE OF THE P D-iC lOTJRY 2009 SEP -9 PIS 12: 34 FDIiSMANI POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 DEBRA MARSH, Plaintiff, vs. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendants. ATTORNEYS FOR DEFENDANT DART CONTAINER CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-5831 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: 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. Dated: September 4, 2009 POST & By: Mtc-fiael A. B Attorneys for Dart Contain( Esquire RULE TO FILE COMPLAINT AND NOW, this Q* day of !?M _r , 2009, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer entry of Judgment of Non Pros. ry Pro onotary CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Karl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 Sheetz, Inc. 5700 6th Avenue Altoona, PA 16602 SANDRA MORALES DATE: R g a I 2 ftED?RCE OF THE PROTHONOTARY 2009 SEP - 9 PH 12: 3 4 )JUNTY PENNSYLVANIA Sheriffs Office of Cumberland County R Thomas Kline ('p T(; -, APP Sheriff ut C1I1t1br1' Ronny R Anderson ZgSEP ? Pi 1 #z-E Chief Deputy cum Jody S Smith Civil Process Sergeant c,TFICE 1' $?£RIFF Edward L Schorpp Solicitor Debra Marsh vs. Sheetz, Inc. Case Number 2009-5831 SHERIFF'S RETURN OF SERVICE 08/25/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sheetz, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Blair County, PA to serve the within Writ of Summons according to law. 09/02/2009 09:47 AM - Blair County Return: And now September 2, 2009 at 0947 hours I, Larry D. Field, Sheriff of Blair County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Sheetz, Inc. by making known unto Connie George, Receptionist at 5700 6th Avenue Altoona, PA adult in charge at 117 Sawgrass Drive, Blue Bell, PA 16602 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 21, 2009 SO ANSWERS r R/%THOMAS KLINE, SHERIFF DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-5831 : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 Date: September 28, 2009 Respectfully Submitted, Rominger & Associates Karl f- Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff DEBRA MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 09-5831 SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Debra Marsh, through her counsel, Karl E. Rominger, Esquire, and respectfully files the following Complaint, and in support thereof avers the following: 1. Plaintiff, Debra Marsh, is an adult individual residing at 265 Pine School Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant, Sheetz, Inc., (hereinafter "Sheetz") is a duly licensed convenience store with a corporate building at 5700 6th Avenue, Altoona, Pennsylvania 16602, with a place of business at 420 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Defendant, Dart Container Corporation, (hereinafter "Dart"), is Corporation which provides food servicing packaging with its principal place of business being 500 Hogsback Road, Mason, MI 48854. 4. At all times mentioned herein, defendant Sheetz was in exclusive possession, management, and control of the convenience store, individually and through his employees who are acting within the course and scope of their employment by Defendant Sheetz and in furtherance of Defendant Sheetz's business. 5. At all time mentioned herein, Defendant Dart was in exclusive possession, management, and control of the food servicing packaging used at Defendant Sheetz store, individually and through its employees who are acting within the course and scope of their employment by Defendant Dart and in furtherance of Defendant Dart's business. 6. On or about August 23, 2007, Plaintiff was a business visitor at Sheetz in Mt. Holly Springs, Pennsylvania and purchased a large coffee on her way to work in a cup provided by Sheetz manufactured by Defendant Dart. 7. The cup in which was provided for the coffee at Sheetz and manufactured by Dart collapsed in her hand spilling scolding hot coffee onto Plaintiff's right thumb, resulting in serious injuries to Plaintiff's right thumb. COUNT I - NEGLIGENCE DEBRA MARSH V. SHEETZ. INC. 8. Paragraphs 1 through 7, above, are incorporated herein by reference as it is fully set forth at length. 9. The accident was caused by Defendant Sheetz's negligence, carelessness, and reckless in that: A. Defendant Sheetz provided and permitted an unstable cup/container to be used by its customers where it posed an unreasonable risk of injury to Plaintiff and other business visitors, particularly given the extremely hot and high temperatures the coffee was served at; B. Defendant Sheetz upon receiving the food servicing container from Defendant Dart failed to make a reasonable inspection of the cup/container which would have revealed the dangerous condition it posed by the faulty cup/container. C. Defendant Sheetz failed to remove the defective cup/container from its shelf to be used by the business visitors; D. Defendant Sheetz failed to give warning of the dangerous condition posed by the defective cup/container. E. Defendant Sheetz was aware some of the cups in this batch were defective, and the clerk commented that this collapse had happened to others as well. 10. As a result of the Defendant Sheetz's negligence, carelessness and recklessness, Plaintiff sustained injuries to her right thumb; all of which injuries have caused Plaintiff great pain and suffering. 11. As a result of Defendant Sheetz's negligence, carelessness and recklessness, Plaintiff has and will in the future have scaring from the injury to her right thumb. WHEREFORE, Plaintiff respectfully request that this Honorable Court find in favor of the Plaintiff and against the Defendants, for an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. COUNT II - PRODUCT LIABILITY DEBRA MARSH V. DART CONTAINER CORPORATION 12. Paragraphs 1 through 11, above, are incorporated herein by reference as it is fully set forth at length. 13. Dart is the manufacturer of the cup in question, and; A. Defendant Dart manufactured, provided and permitted an unstable cup/container to enter commerce to be used by its customers where it posed an unreasonable risk of injury to Plaintiff and other business visitors; B. Defendant Dart upon manufacturing the food servicing container failed to do so without creating a dangerous condition either by design or defect in the foam cup. C. The wall of the cup was without sufficient integrity to allow for a normal human grip, and the cup was for the use of hot beverages, and as such was defective in design and / or manufacture 14. As a result of the Defendant Dart's defective product, Plaintiff sustained injuries to her right thumb; all of which injuries have caused Plaintiff great pain and suffering. 15. As a result of Defendant Dart's defective product, Plaintiff has and will in the future have scaring from the injury to her right thumb. WHEREFORE, Plaintiff respectfully request that this Honorable Court find in favor of the Plaintiff and against the Defendants, for an amount not more than the statutory limits for compulsory arbitration, including costs of this suit and attorney's fees. Respectfully Submitted, Rominger & Associates Date: September 28, 2009 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff DEBRA MARSH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO: 09-5831 SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. - ?g C) Al wl?AX A A' A -1 IL .4 Date Debra Marsh, Plaintiff DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-5831 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the within Complaint by First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael A. Boomsma, Esquire POST & SCHELL 1857 William Penn Way P.O. Box 10248 Lancaster, Pennsylvania 17605-0248 Attorney for Defendant Dart Container Corporation Sheetz, Inc. 57006 1h Avenue Altoona, Pennsylvania 16602 Date: September 28, 2009 Respectfully Submitted, Rominger & Associates Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Attorney I.D. No. 81924 Attorney for Plaintiff -F THE Q 2C i"i 9 SEA' 2v PI j .): ! ;-' ?-., 1C I .r ?'?', r . POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 ATTORNEYS FOR DEFENDANT DART CONTAINER CORPORATION DEBRA MARSH, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendants. NO. 09-5831 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: ALL PARTIES YOU ARE HEREBY NOTIFIED to plead to the within New Matter and New Matter Cross Claim within twenty (20) days of service thereof or a default may be entered against you. POST & SCHELL, P.C. Dated: October 19, 2009 By: Attorneys foefendant Dart Contai Corporation POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA, ESQUIRE I.D. # 56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 DEBRA MARSH, Plaintiff, ATTORNEYS FOR DEFENDANT DART CONTAINER CORPORATION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendants. NO. 09-5831 JURY TRIAL DEMANDED ANSWER. NEW MATTER AND NEW MATTER CROSS CLAIM OF DEFENDANT. DART CONTAINER CORPORATION TO PLAINTIFF'S COMPLAINT Defendant, Dart Container Corporation, by its attorney, Michael A. Boomsma, Esq. and Post and Schell, P.C., hereby files its answer, new matter and new matter crossclaim to Plaintiff's Complaint and alleges as follows: 1. Defendant denies the allegations contained in paragraph 1 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). 2. The allegations in paragraph 2 of Plaintiff's Complaint are addressed to a defendant other than answering Defendant. No responsive pleading is required. 3. Denied. Answering Defendant does not understand what Plaintiff means by the phrase "is Corporation which provides food servicing packaging" and therefore can neither admit nor deny these allegations. It is further denied that answering Defendant's principal place of business is the address alleged by Plaintiff. By way of further response, Defendant, Dart Container Corporation is a Nevada corporation with a registered address at Corporate Services Center, Inc. 5190 Neil Road, Suite 430, Reno, Nevada 89502-8535. The mailing address for Dart Container Corporation is 500 Hogsback Road, Mason, Michigan 48854. 4. The allegations in paragraph 4 of Plaintiff's Complaint are addressed to a defendant other than answering Defendant. No responsive pleading is required. 5. Denied. Answering Defendant does not understand what Plaintiff means by the term "food servicing packaging" and therefore can neither admit nor deny these allegations. It is specifically denied that at all times mentioned herein, answering Defendant was in exclusive possession, management, and control of the "food servicing packaging" used at Defendant Sheetz store, individually and through its employees who are [sic] acting within the course and scope of their employment by answering Defendant and in furtherance of answering Defendant's business. Dart Container Corporation does not manufacture or design food service packaging products and did not design or manufacture the cup allegedly used by Plaintiff. Strict proof is demanded at time of trial. 6. Defendant denies the allegations contained in paragraph 6 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). By way of further response, without information relative to the make and/or model of the cup in question, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 6. -2- .t ., 7. Defendant denies the allegations contained in paragraph 7 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). By way of further response, answering Defendant is unaware of what the word "scolding" means in paragraph 7 of Plaintiff's Complaint. By way of further response, without information relative to the make and/or model of the cup in question, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 7. COUNT I - NEGLIGENCE DEBRA MARSH v. SHEET4 INC. 8. - 11. The allegations in paragraphs 8 through 11 are addressed to a defendant other than answering Defendant. Therefore, no responsive pleading is required. COUNT II - PRODUCT LIABILITY DEBRA MARSH v. DART CONTAINER CORPORATION 12. The allegations in paragraphs 1 through 11 are incorporated herein by reference as if fully set forth herein at length. 13. The averments in paragraph 13, including subparagraphs A. through C., are conclusions of law to which no responsive pleading is required. To the extent they are deemed otherwise, they are denied. 14. - 15. The averments in paragraphs 14 through 15 are conclusions of law to which no responsive pleading is required. To the extent they are deemed otherwise, they are denied. WHEREFORE, defendant, Dart Container Corporation, requests this Honorable Court enter judgment in its favor and against Plaintiff. -3- NEW MATTER 26. Plaintiffs claims against answering Defendant, Dart Container Corporation, are barred by the Statute of Limitations. 27. Plaintiffs injuries, if any, were caused by the alteration, modification, misuse and/or abuse of the aforesaid product by others outside the control of answering Defendant, Dart Container Corporation. 28. Plaintiff s injuries, if any, were caused by the abuse and/or misuse of the product. 29. Plaintiff s Complaint fails to state a claim upon which relief can be granted. 30. Plaintiffs claims, if any, may be barred and/or subsequently reduced by the Doctrines of assumption of risk, contributory negligence and/or comparative negligence. 31. It is denied that under law, answering Defendant, Dart Container Corporation, can be held solely liable to Plaintiff for any injuries allegedly sustained by Plaintiff herein. 32. Plaintiffs claims may be barred or otherwise limited due to spoliation of evidence. 33. Answering Defendant raises the affirmative defenses of accord and satisfaction, award, consent, estoppel, laches, payment, release, res judicata and set off. 34. Answering Defendant does not manufacture or design food service packaging products and did not design or manufacture the cup allegedly used by Plaintiff. WHEREFORE, answering Defendant, Dart Container Corporation, respectfully requests that the Plaintiff s Complaint be dismissed with prejudice and costs. -4- NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P. 1031.1 AGAINST DEFENDANT. SHEETZ. INC. 35. If Plaintiff is entitled to recover, said recovery being specifically denied herein, it may be solely or partially as a result of the negligent acts or omissions of Defendant, Sheetz, Inc,. as more fully set forth in Plaintiff's Complaint, which allegations are incorporated herein solely for the purpose of this cross-claim, and it may be alone liable to Plaintiff, or jointly and severally liable with answering Defendant, or liable over to Plaintiff or liable to answering Defendant for contribution and/or indemnity. WHEREFORE, Defendant, Dart Container Corporation, requests this Honorable Court enter judgment in its favor and against all other parties. POST & SCHELL, P.C. By: Dated: October 19, 2009 -5- Re: Marsh v. Dart Container Corp., et al VERIFICATION I HEREBY VERIFY that the statements made by Defendant, Dart Container Corporation, and are contained in the within Answer, New Matter and New Matter Crossclaim to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I certify that I am a duly authorized representative of Dart Container Corporation and as such, am authorized to make this Verification on its behalf. Kevin J. k Corporate DATE: 1 D - Q -6- k CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: Karl E. Rominger, Esquire ROMINGER & ASSOCIATES 155 South Hanover Street Carlisle, PA 17013 Sheetz, Inc. th 5700 6 Avenue Altoona, PA 16602 J"" k?_ SANDRA MORALES DATE: -7- 2509 OCOT 20 Pik 1: 52 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, CASE NUMBER: 09-5831 ISSUE NUMBER: PLEADING: PRAECIPE FOR APPEARANCE Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: SHEETZ, INC., Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DEBRA MARSH, ) CASE NO: 09-5831 Plaintiff ) V. ) SHEETZ, INC. and DART CONTAINER ) CORPORATION, ) Defendants ) PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, SHEETZ, INC., in the above- captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: . RALPH G DF Y, ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED SHEETZ, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, SHEETZ, INC., hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the i n day of 2009. Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 South Hanovea Street Carlisle, PA 17013 (Counsel for Plaintiff) Michael Boomsma, Esquire Post & Schell 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 (Counsel for Defendant, Dart Container Corporation) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ' CE AL(foDYkEY, ESQUIRE Counsel fort the Defendant, SHEETZ, INC. 1 FlLED-Or"' 2H9 CC i 30 NI 3: 33 DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-5831 : JURY TRIAL DEMANDED PLAINTIFFS ANSWER TO NEW MATTER AND NEW MATTER CROSS CLAIM OF DEFENDANT. DART CONTAINER CORPORATION TO PLAINTIFF'S COMPLAINT NEW MATTER 26. - 34. Legal conclusion and requires no answer, to the extent an answer is required they are denied. WHEREFORE, Plaintiff respectfully requests this Honorable Court judgment in her favor and against Defendant Dart Container Corporation. NEW MATTER CROSS CLAIM PURSUANT TO Pa.R.C.P.1031.1 AGAINST DEFEDANT. SHEETZ. INC. 35. No response is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in her favor and against Defendants. Respectfully Submitted, Rominger & Associates Date: Le I 'C?)q Karl f- Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiff DEBRA MARSH, Plaintiff V. SHEETZ, INC. and DART CONTAINER CORPORATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 09-5831 JURY TRIAL DEMANDED CERTIFIACTE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Plaintiffs Answer to New Matter and New Matter Cross Claim of Defendant, Dart Container Corporation to Plaintiff's Complaint upon the following by depositing the same in the United States Mail, first class, postage prepaid, addressed as follows: Michael A. Boomsma, Esquire POST & SCHELL 1857 William Penn Way P.O. Box 10248 Lancaster, Pennsylvania 17605-0248 E. Ralph Godfrey, Esquire CIPRIANA & WERNER 1011 Mumma Road, Suite 201 Lemoyne, Pennsylvania 17043-1145 Respectfully Submitted, Rominger & Associates Date: ?DVeMILUr (,Q Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiff FILEv' -C) KOE OF TNc f'Fa.. nn, n ,CRY 2009 H 0 V - 5 PI 1 '3. 5, 8 GUS;: uNI i a "; . G.; . 's.