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HomeMy WebLinkAbout10-7900IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA A. APPLEMAN and BARRY E. APPLEMAN, her husband, Plaintiffs, VS. CBOCS, INC., d/b/a CRACKER BARREL OLD COUNTRY STORE, INC. and CRACKER BARREL #431 Defendant. No. /? - 7W Pil CZ FYI rrl =1: -y CIVIL ACTION ` n JURY TRIAL DEMANIVD 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 Plaintiffs. 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 I?M OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ,P. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A- c r? PO IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAIB ; A&E - r TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYR-:- LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO Fly (A) q CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 The Court of Common Pleas is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please call (717) 240-6100. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 00f Lisa v e?masaow IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THERESA A. APPLEMAN and BARRY E. APPLEMAN, her husband, Plaintiffs, VS. CBOCS, INC., d/b/a CRACKER BARREL OLD COUNTRY STORE, INC. and CRACKER BARREL #431 Defendant. COMPLAINT No. CIVIL ACTION JURY TRIAL DEMANDED 1. Plaintiffs, Theresa A. Appleman and Barry E. Appleman, her husband, are adult individuals residing at 139 Valley Station Road, Hunterdon County, New Jersey. 2. Defendant, CBOCS, Inc., d/b/a Cracker Barrel Old County Store, Inc. and Cracker Barrel #431 (hereinafter referred collectively to as "Cracker Barrel") is a is a business entity, association or corporation with its principal place of business at 305 Hartmann Drive, Lebanon, Tennessee, 37087, and at all times relevant herein was operating a restaurant/store open to the general public at 3 E. Garland Street, Carlisle, Cumberland County, Pennsylvania, and therefore, at all times relevant hereto, was doing business in Cumberland County, Pennsylvania At all times mentioned herein, Defendant, Cracker Barrel, was the owner and manager of the Cracker Barrel restaurant/store located on 3 E. Garland Street, in the city of Carlisle, Cumberland County, Pennsylvania, and as such was responsible for the management, maintenance, upkeep and repair of said property. 4. The amount in controversy exceeds the amount established by the Court of Common Pleas of Cumberland County for compulsory arbitration, in that the amount in controversy exceeds Fifty Thousand ($50,000) Dollars. On or about December 27, 2008, at approximately 6:30.m., Plaintiff, Theresa A. Appleman, was lawfully on the premises of the Cracker Barrel restaurant/store located at 3 E. Garland Street, and as she was walking from her car across the parking lot to enter the Cracker Barrel restaurant/store, she encountered icy conditions as a result of which she suffered a fall, suffering injury to her right arm, elbow, shoulder and hand, neck and upper back. 6. No appreciable precipitation fell in the Carlisle area which would explain the existence of ice on the Cracker Barrel premises at the time, date and place aforesaid. 7. As a direct and proximate result and substantial factor of the negligence of the Defendant as hereinafter set forth, the Plaintiff suffered injuries and damages recoverable under the law. Count I Theresa A. Appleman VS. Cracker Barrel 8. Plaintiff incorporates by reference all the allegations contained in paragraphs one through seven inclusively, as though same were set forth more fully at length herein. 9. At the time, date and place aforesaid, the careless and negligent acts of the Defendant consisted of the following: a. In failing to maintain in a manner safe for pedestrian travel the parking lot and entranceways to Defendant's place of business; b. In failing to properly maintain the existing parking lot and entranceway by using salt or other anti-slip materials so as to prevent a hazardous and dangerous condition to the Plaintiff and others in their lawful, foreseeable use of said entrance and means of ingress and egress as business invitees; C. In failing to remove and/or remedy accumulated ice, constituting a pedestrian hazard to the Plaintiff and others in the parking and entranceway of the Cracker Barrel restaurant/store; d. In having actual notice of the existence of a dangerous condition; to wit, the icy and hazardous conditions existing on their restaurant/store parking lot and entrance area and in failing to remedy same despite notice; e. In failing to remove or otherwise treat the icy areas in the parking lot leading to the entrance which caused Plaintiff to fall; In failing to properly engage in snow and ice removal in a timely fashion despite the fact that no appreciable precipitation fell in the Carlisle area which would explain the existence of ice on the Cracker Barrel premises at the time, date and place aforesaid; g. In failing to properly warn the Plaintiff of said dangerous and defective icy conditions in the parking lot and entranceway to the Cracker Barrel restaurant/food store; and h. In failing to take notice of the existence of the aforesaid dangerous and defective icy conditions, when, in the exercise of reasonable care, and through reasonable inspection the Defendant should have taken notice and remedied same. 10. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, has suffered serious bodily injuries including, but not limited to, right arm, elbow, shoulder and hand, neck and upper back injury, which required continued chiropractic care, by reason of which she was rendered sick, sore and disabled, all of which has been to her great financial loss. 11. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, has suffered great mental anguish and physical pain up to the date of the filing of this Complaint, all of which has been to her great financial loss. 12. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, will continue to suffer great mental anguish and physical pain in the future, all of which will be to her great financial loss. 13. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, has incurred medical expenses to date totalling approximately Four Thousand One Hundred Seventy ($4,170) Dollars. 14. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, will have to expend large sums of money in the future due to the nature of the injuries sustained by the Plaintiff. 15. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, has been unable to pursue and enjoy the usual activities of life of an individual of the Plaintiff's age and has suffered a loss of enjoyment of life, loss of happiness and loss of the pleasures of life up to the date of the filing of the Complaint, all of which has been to her great financial loss. 16. As a direct and proximate result of the above-described occurrence, and as a substantial factor in bringing about the injuries to the Plaintiff, the Plaintiff, Theresa A. Appleman, will, in the future, be unable to pursue and enjoy the usual activities of life of an individual of the Plaintiff's age, and she will suffer a loss of enjoyment of life, loss of happiness and loss of the pleasures of life throughout the remainder of her life, all of which will be to her great financial loss. WHEREFORE, Plaintiff, Theresa A. Appleman, demands judgment in her favor and against the Defendant for a sum in excess of Fifty Thousand ($50,000) Dollars. Count II Barry E. Appleman VS. Cracker Barrel 17. Plaintiff incorporates by reference the allegations set forth in paragraphs one through sixteen as though same are set forth more fully and in length herein. 18. As a direct and proximate result of the above-described occurrence, Plaintiff, Barry E. Appleman, has been deprived of the assistance, society and companionship of Theresa A. Appleman up to the date of filing of this Complaint, all of which has been to his great financial loss. 19. As a direct and proximate result of the above-described occurrence, the Plaintiff, Barry E. Appleman, will, in the future, be deprived of the assistance, society and companionship of Theresa A. Appleman, all of which will be to his great financial loss. WHEREFORE, Plaintiff, Barry E. Appleman, demands judgment against the Defendant for an amount in excess of Fifty Thousand ($50,000) Dollars. I.D. 0.34459 high Street Easton, PA 18042 (610) 258-6625 Attorney for Plaintiffs STATE OF PENNSYLVANIA ) ) SS: COUNTY OF NORTHAMPTON ) THERESA A. APPLEMAN being duly sworn according to law, deposes and says that the facts set forth in the foregoing COMPLAINT are true and correct to the best of her)Wgmowledge, information and belief. Sworn to and subscribed before me this JIY day of -=&(Jmbet- 104, Notai Public coM?" M1.vAN11? " NO STS" D. w N"Pdit C' of yX13 STATE OF PENNSYLVANIA ) ) SS: COUNTY OF NORTHAMPTON ) BARRY E. APPLEMAN being duly sworn according to law, deposes and says that the facts set forth in the foregoing COMPLAINT are true and correct to the best of ftaThis knowledge, information and belief. Sworn to and subscribed before me this J (fday ?Olb of ?(L? IIV?,?Y `V 004. Notary Public 1 NCTAI ML SEAL STELLA D. HAWANtSTOW N lwy Public Cily of Esdm, np?pn OW* C m *mim NE*m ?,hx?e 30, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY C> Ronny R Anderson -4 Sheriff l?l hr of 41Itlf r e"t { rn.r- Jody S Smith Qt -urn 70 Chief Deputy Richard W Stewart -ry c:) -n Solicitor - -^ o n --+ 70 -G CD -4" Theresa A. Appleman (et al.) vs. CBOCS, Inc. Case Number 2010-7900 SHERIFF'S RETURN OF SERVICE 01/05/2011 10:15 AM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: CBOCS, Inc. d/b/a Cracker Barrel Old Country Store, Inc. and Cracker Barrel #431, by making known unto Kerry Feitler, General Manager for CBOCS, Inc. at 3 E. Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 January 07, 2011 GE LD WORTHINGTO EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ,c: Cow t 5 i to Sre!,K i e,eo so't, b?;;. C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSi&VAIA2 r, CIVIL ACTION - LAW THERESA A. APPLEMAN and BARRY, ) No. 2010-7900 APPLEMAN, Her Husband ) "p S p Plaintiffs, vs. CBOCS, INC., d/b/a CRACKER BARREL OLD ) COUNTRY STORE, INC. AND CRACKER BARREL ) #431, ) CIVIL ACTION Defendants. ) JURY TRIAL DEMANDED PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO: PROTHONOTARY -CIVIL DIVISION You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: The within suit is Settled, Discontinued, Ended and costs paid. X The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. Satisfaction of the Award in the within suit is acknowledged. Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. Other: Date: OHN R. VIVIAN, JR. Attorney for Plaintiff COST PAYMENT VERIFICATION I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCKETED UNTIL ALL COSTS HAVE BEEN PAID INCLUDING SHERIFF'S COSTS: AND HEREBY CERTIFY THAT ALL COSTS HAVE BEEN PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Signature John R. Vivian, Jr.