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Home My WebLink About09-65506q- (gzo e- Ivi l Term IN THE CQURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 20 Civil Action - (X) Law ( ) Equity MARY BRAXTON 627 EMERALD STREET HARRISBURG, PA 17110 GIANT FOODS, LLC 3301 TRINDLE ROAD CAMP HILL, PA 17011 VS. . Plaintiff(s) & Addresses Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff JOSEPH J. DIXON, ESQUIRE 126 STATE STREET Signature oHARRISBURG, PA 17101 (717) 236-8515 _ Supreme Court ID No.28290 Names/Address/Telephone No. Of Attorney Date: WRIT OF SUMMONS TO THE ABOVE-NAMED DEFENDANT(S): GIANT FOODS, LLC YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE OMMENCED AN ACTION AGAINST YOU. Prothonotary Date: lbsn _ by COMPULSORY ARBITRATION Deputy ( ) Check here if reverse is issued for additional information. (* AWAV.. 2SEP 31 F" J39 ""CIMWAM *79,!SO PO ATrY CY.* Co44$ a31a?3 Sheriffs Office of Cumberland County R Thomas Kline OF i Hr' Sheriff q y1t, of CUIO"tft?d Ronny R Anderson 2004 OC T - 7 AM $: 4 8 Chief Deputy Jody S Smith CUM -` k r 'Ni Civil Process Sergeant pov "?; ? nrr?; Edward L Schorpp Solicitor Mary Braxton vs. Case Number . Giant Food Stores 2009-6550 SHERIFF'S RETURN OF SERVICE 10/02/2009 09:00 AM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 2, 2009 at 0900 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Giant Food Stores, by making known unto Betty Jo Kramer, Receptionist at 1149 Harrisburg Pike Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 October 05, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 61 e= puty Sheri IN THE COURT OF COMMON PLEAS MARY BRAXTON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-6550 V. CIVIL ACTION - LAW GIANT FOODS, LLC COMPULSORY ARBITRATION Defendant 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 OUR 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 Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (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 gue si usted no se defiende, la corte tomara medidas y puede entrar una order contra usted sin previo aviso o notificacion y por cualguier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 By: Josep J. Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff MARY BRAXTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. GIANT FOODS, LLC Defendant NO. 09-6550 CIVIL ACTION - LAW COMPULSORY ARBITRATION COMPLAINT AND NOW, this jlday of U?w 2010, comes the Plaintiff, Mary Braxton, by and through her attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: 1. The Plaintiff is Mary Braxton, an adult individual, who resides at 627 Emerald Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant is Giant Foods, LLC, a Pennsylvania business organization who runs a retail food store at 3301 Trindle Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On October 7, 2007 at approximately 7:00 p.m., the Plaintiff, Mary Braxton was a customer at the Giant Supermarket at 3301 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 4. At said time and place, after checking out at the cashier, the Plaintiff and her grand daughter and great grand daughter were proceeding out of the supermarket. 5. At said time and place, the plaintiff slipped in a puddle of water that was in the walkway area between the checkout counter and the doorway. 6. At said time and place, the puddle of water on the floor caused the Plaintiff to fall causing severe personal injuries to her described in greater detail later in this Complaint. 1 7. The injuries sustained by the Plaintiff in the incident described herein were caused by the negligence and carelessness of the Defendant which consists of the following: (a) Failure to properly maintain a walking area in a grocery store. (b) Failure to provide safe passage for customers in a grocery store. (c) Failure to post warnings of a slippery condition in a grocery store. (d) Failure to correct a dangerous condition which the Defendant knew or should have known of. (e) Failure to conduct proper maintenance of a walking area in a grocery store. (f) Failure to properly supervise maintenance personnel who were to provide cleaning and maintenance of a grocery store. (g) Failure to regularly inspect walking areas in a grocery store. 8. At all times hereto, the actions and conduct of the Plaintiff, in no way, caused the injuries sustained. 9. As a sole and proximate result of the incident described herein, the Plaintiff has suffered severe personal injuries. These injuries include, but are not limited to: (a) left hip pain (b) groin pain (c) low back pain (d) lumbosacral strain sprain (e) aggravation of degenerative changes in the lumbar spine (f) aggravation of facet joint arthritis (g) bursitis of the greater trochanter (h) left arm pain (i) lumbar contusion 0) hip contusion (k) bilateral hip pain (1) left knee pain (m) left radicular symptoms (n) bulging discs at the L3-4 and L4-5 level (o) aggravation of spinal stenosis and disc disease at the L3-4 and L4-5 level 2 10. As the sole and proximate result of the fall, the Plaintiff has undergone significant pain and suffering in the past and will do so in the future. 11. As a result of the injuries sustained by the Plaintiff, the plaintiff has had to undergo medical care and treatment and will undergo medical care and treatment in the future. The total amount of this treatment and the cost of this treatment is unascertained at this time. 12. As a result of the fall described herein, the Plaintiff has had to modify her normal activities. The Plaintiff believes and therefore avers that this restriction will be permanent in nature. 13. As a direct and proximate result of the fall, the Plaintiff has incurred certain medical expenses for treatment. In addition, the Plaintiff will incur future medical expenses, the total amount of which is unascertained at this time. 14. As a result of the fall, the Plaintiff has suffered a substantial inconvenience in her life and a decrease in the quality of her life. 15. The plaintiff believes and therefore avers she will have permanent limitations in her physical activities as a result of the injuries sustained in this accident. WHEREFORE, the Plaintiff prays this Honorable Court enters a judgment against the Defendant in an amount less than Fifty Thousand Dollars ($50,000.00) an amount requiring Compulsory Arbitration. Respectfully submitted, By: Joseph J. Dixon, Esquire Attorney ID 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Dated: 3 VERIFICATION I verify that the statements made in this+ are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: 0