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Home My WebLink About09-7984JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. LAMM RUBENSTONE LLC BY: STEPHEN DAVID, ESQUIRE Identification No. 26187 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 Attorneys for Plaintiffs ROBERT TITCHENELL and IN THE COURT OF COMMON PLEAS CONCETTA TITCHENELL CUMBERLAND COUNTY, PA 315 Stratford Road Glenolden, PA 19036 V. KESSLER FOODS, INC., tla KESSLER'S 1201 Hummel Avenue Lemoyne, PA 17043 NO. 09- MY NOTICE TO DEFEND C110 i L, -? "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, 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 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717-249-3166 403920-1 JURY TRIAL DEMANDED. THIS IS NOT AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED. LAMM RUBENSTONE LLC BY: STEPHEN DAVID, ESQUIRE Identification No. 26187 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 Attorneys for Plaintiffs ROBERT TITCHENELL and IN THE COURT OF COMMON PLEAS CONCETTA TITCHENELL CUMBERLAND COUNTY, PA 315 Stratford Road Glenolden, PA 19036 V. NO. J f- ') 4 Q f CZ4 l - -- KESSLER FOODS, INC., t/a KESSLER'S 1201 Hummel Avenue Lemoyne, PA 17043 COMPLAINT 1. Plaintiffs Robert Titchenell and Concetta Titchenell are individual citizens of the Commonwealth of Pennsylvania, residing at 315 Stratford Road, Glenolden, Pennsylvania. 2. Defendant Kessler Foods, Inc., t/a Kessler's is a corporation authorized to conduct business in the Commonwealth of Pennsylvania, with a principal place of business located at 1201 Hummel Avenue, Lemoyne, Pennsylvania. FIRST COUNT: PLAINTIFF ROBERT TITCHENELL v. DEFENDANT 3. On or about July 9, 2008, at approximately 10:39 a.m., Plaintiff Robert Titchenell was lawfully on the Defendant's property located at 1201 Hummel Avenue, Lemoyne, Pennsylvania. 4. At all material times, the aforesaid property was under the ownership, care, maintenance, and/or control of the Defendant. 5. On or about the above date and time, Plaintiff slipped on, and due to, wet steps on the aforesaid property, which constituted a dangerous and defective condition. 403920-1 6. The dangerous and defective condition described in the preceding paragraph had existed before the Plaintiff slipped and fell. 7. The Defendant had, or could and should have had, knowledge or notice that this dangerous condition existed. 8. The Plaintiff had no notice or knowledge that this dangerous condition existed before he slipped and fell. 9. By reason of the above, the Plaintiff fractured and dislocated his left shoulder, sustaining a permanent left shoulder injury, a severe shock, and various other injuries to his body and nerves, which either are or could be permanent. 10. Further, by reason of the above, the Plaintiff has suffered, and may continue to suffer, severe mental and physical pain, and has been prevented from performing his usual duties, occupations and pleasures. 11. Further, by reason of the above, the Plaintiff has sustained a loss of his earnings and of his earning capacity or power. 12. Further, by reason of the above, the Plaintiff has had to spend large sums of money for his medical care, and may continue to spend money for this purpose into the indefinite future. 13. The Defendant was negligent in failing to maintain the aforesaid steps and floor surface in a reasonably safe condition, and for creating the aforesaid dangerous and defective condition, and for permitting this dangerous condition to exist, and for failing to discover the danger, and for failing to provide warning or notice of this condition, and for failing to protect the Plaintiff and the general public against this hazard, and for failing to properly inspect the aforesaid steps and floor surface, and for failing to adequately illuminate the area where the Plaintiff slipped and fell, and for failing to provide a non-skid surface for the Plaintiff and the public, and for failing to provide adequate hand railings to protect pedestrians such as the Plaintiff from falling, and for creating an unreasonable risk of harm, and for failing to use due 403920-1 care under all the circumstances, and for such other acts of negligence that discovery or the trial of this case will disclose. 14. The Plaintiff's injuries and damages were directly and proximately caused by the Defendant's negligence, and were not caused by any act or failure to act on the part of the Plaintiff. WHEREFORE, the Plaintiffs demand judgment against the Defendant for an amount in excess of $50,000, together with counsel fees, interest and costs. SECOND COUNT: PLAINTIFF CONCETTA TITCHENELL v. DEFENDANT 15. The Plaintiffs incorporate by reference the allegations in paragraphs one through fourteen, inclusively, as though they were repeated in their entirety. 16. Solely as a result of the Defendant's actions described above, Plaintiff Concetta Titchenell has been deprived of the comfort, companionship, society, assistance, services and consortium of her husband, Plaintiff Robert Titchenell, and her deprivation in this respect may continue indefinitely. WHEREFORE, the Plaintiffs demand judgment against the Defendant for an amount in excess of $50,000, together with counsel fees, interest and cost. 5 N STEPHEN DAVID, ESQUIRE LAMM RUBENSTONE LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 (215) 638-9330 Attorneys for Plaintiffs 403920-1 1 11 VERIFICATION Robert Titchenell and Concetta Titchenell verify that they are the Plaintiffs in this action, and that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief. They understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. kobgrt T' c enell Concetta Titchenell 403920-1 RMTAW OF THE MW 17 AN 93 32 $78.50 ?FcLR-1? ev.:A loBB.2s j?--*- a33I.gs- SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Al Q-0ITICE Sheriff 17 THE F'; ( 'r?Tnilr _l, Ronny R Anderson Chief Deputy 2009 NOY 24 Aid 8:37 Jody S Smith Civil Process Sergeant t a, ??,f??'tw ,`j ?iNtTY IV, Edward L Schorpp Solicitor Robert Titchenell Case Number vs. Kessler Foods, Inc. 2009-7984 SHERIFF'S RETURN OF SERVICE 11119/2009 12:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1225 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kessler Foods, Inc., by making known unto Linda Grove, Receptionist at 1201 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing tc her personally the said true and correct copy of the same. SHERIFF COST: $42.40 SO ANSWERS, ??AIK 49?t ' November 20, 2009 R THOMAS KLINE, SHERIFF By Dj?e ty She Ici GountyS.?tt? Sheri t, Tieieosoth Inc. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire I.D. No. 06776 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 255-7632 kprice ,tthlaw.com ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiffs V. KESSLER FOODS, INC., t/a KES SLER' S, Defendant Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant Kessler Foods, Inc., t/a Kessler's in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, thisVMy of November, 2009, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Stephen David, Esquire Lamm Rubenstone LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 THOMAS, THOMAS & HAFER, LLP 0, k ?- C. Kent Price, Esquire FILE ::} 'THE F sj:.'i*-''n.MAPY 2009 NOY 25 Pi-I 13: 59 ROBERT TITCHENELL and ~ IN THE COURT OF COMMON PLEAS GONCETTA TITCHENELL, ~ CUMBERLAND COUNTY Plaintiffs N0. 09-7984 c N v. -o ~ n-?r; ; -+i m CIVIL ACTION -LAW ~=' ~_--_ ~ ~ w KESSLER FOODS, INC., t/a ~ c,~ ~ > --~ ~: ~ r KESSLER'S, ~ ~~-~' ~ ~ s Defendant ~ JURY TRIAL DEMANDED ~c -. 7 ~ w STIPULATION `~ ° It is hereby stipulated by and between counsel for the parties hereto that the phrase "and for such other acts of negligence that discovery or the trial of this case will disclose" contained at the end of paragraph 13 of Plaintiffs' Complaint is voluntarily stricken and shall no longer be considered as a basis for the potential imposition of liability. LAMM RUBENSTONE LLC ~~ Stephen David, Esquire Counsel for Plaintiffs THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire Counsel for Defendant 763492.1 LF1LE~:t-~CE _,. f~L tt vet . 20lQ FES ! 7 P~! ! ~ 2 ! THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street t ~~ ,yl ,~ . _, _ _ ~~ Attorney LD. 06776 P.O. Box 999 C'vtJ,_,_ ~ , ...-''} .' ~ .'--wi~„iti {~ 717-255-7632 Harrisburg, PA 17108 ~ C.i•J .; ~~~-~~r `i're, Attorneys for Defendants ROBERT TITCHENELL and CONCETTA IN THE COURT OF COMMON PLEAS OF TITCHENELL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. KESSLER FOODS, INC., t/a KESSLER'S, Defendant NO. 09-7984 CIVIL ACTION -LAW CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE' 4Q09.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served. 2. A copy of the Notice of Intent including the proposed Subpoenas are attached to this Certificate. 3. No objection to the Subpoenas has been received. 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent. Date: a-I(a~~y THOMAS, THOMAS & HAFER, LLP ~~~~~~ C. Kent Price, Esquire Identification Number: 06776 305 N. Front Street Post Office Box 999 Harrisburg, PA 17108 (717)255-7632 764803.2 ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiff v. KESSLER FOODS, INC., t/a KES SLER' S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE :DOCUMENTS AND THINGS :FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas maybe served. THOMAS, THOMAS & HAFER, LLP Date: O 1 -' Z ~ - / !~ C. Kent Price, Esquire Identification Number: 06776 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)255-7632 Atto~~ney fo~~ Defendant 762734.2 ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiff v. KESSLER FOODS, INC., t/a KESSLER'S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Primary Care Associates, 101 West Ashland Avenue, Glenolden, PA 19036. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of ROBERT W. TITCHENELL, SSN: 172-42-8389, DOB: 04/20/1951, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 1980 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certficate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 Prothonotary/Clerk, Civil Division TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Deputy DATE: Seal of the Court 773936.1 ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiff v. KESSLER FOODS, INC., t/a KESSLER'S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Reconstructive Orthopedic Associates, 925 Chestnut Street, #5, Philadelphia, PA 19107. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of ROBERT W. TITCHENELL, SSN: 172-42-8389, DOB: 04/20/1951, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 1980 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:__C. Kent Price. Esquire ADDRESS_305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE:_(717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant ProthonotarylClerk, Civil Division Deputy DATE: Seal of the Court 773936.2 ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiff v. KESSLER FOODS, INC., t/a KESSLER'S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Orthopedic Institute of Pennsylvania, 3399 Trindle Road, Camp Hill,, PA 17011. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of ROBERT W. TITCHENELL, SSN: 172-42-8389, DOB: 04/20/1951, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 1980 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the cert~cate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reaspnable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: C. Kent Price. Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE:~717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 773936.3 ROBERT TITCHENELL and CONCETTA TITCHENELL, Plaintiff v. KESSLER FOODS, INC., t/a KESSLER'S, Defendant (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all correspondences, hospitalization and medical records and billing statements with respect to treatment rendered on behalf of ROBERT W. TITCHENELL, SSN: 172-42-8389, DOB: 04/20/1951, including, but not limited to patient histories, charts, progress notes, consultation reports, medication charts, statements of injury, diagnosis, prognosis, x-ray and/or MRI films, images or other diagnostic studies, diagnostic test results and reports, without limitation, from 1980 to Present. at THOMAS, THOMAS & HAFER, LLP, 305 N. Front Street, P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:__ C. Kent Price, Esquire ADDRESS 305 N. Front Street. P. O. Box 999 Harrisburg, PA 17108 TELEPHONE: (717) 255-7632 SUPREME COURT ID No: 06776 ATTORNEY FOR: Defendant Prothonotary/Clerk, Civil Division Deputy DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records, Main Line Open MRI, 590 Reed Road, #2, Broomall, PA 19008. Seal of the Court 773936.4 CERTIFICATE OF SERVICE I, Rick Stains, Jr., Paralegal for the law firm Thomas, Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Stephen David, Esquire Lamm Rubenstone LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 THOMAS, THOMAS & HAFER, LLP By: Rick Stains, Jr., Paraleg to C. Kent Price Date: ~ /2 S~ ~ 762734.2 'CERTIFICATE OF SERVICE I, Rick Stains, Jr., a Paralegal for the law firrn Thomas, Thomas & Hafer, LLP, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, postage prepaid, on the date set forth below: Stephen David, Esquire Lamm Rubenstone, LLC 3600 Horizon Boulevard, Suite 200 Trevose, PA 19053 THOMAS, THOMAS & HAFER, LLP By: ~ Rick Stains, Jr., Paralegal to C. Kent Price Date: a~ 1 ~//a 764803.2 THOMAS, THOMAS & HAFER, LLP By: Joseph A. Holko, Esquire Attorney Identification No. 37386 3101 Emrick Boulevard, Suite 310 Bethlehem, PA 18020 (610) 868-1675 Attorneys for Defendant: ROBERT TITCHF,NELL and CONCETTA TITCHENELL, Plaintiffs, V. KESSLERS INCORPORATED, Defendant. 2012 APR -4 PM 2: 38 CUMBERLAND COUNTY PENNSYLVANIA Kesslers Incorporated IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7984 CIVIL ACTION -LAW PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action as settled, discontinued and ended with prejudice. Respectfully submitted, Date: SIX 4_1 _ q?t Stephen David, Esquire Attorney for Plaintiffs 1060179.1