HomeMy WebLinkAbout01-2840 BETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : 2001-2fi~ CIVIL TERM
: ~
GIANT FOOD STORES, INC. and : JURY TRIAL DEMANDED
FALK US PROPERTY INCOME FUND,: Defendants :
NOTICE TO DEFEND
You have bean sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twanty (20) days a~er this complaint, order and
notice are served, by antering a writtan 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 money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or propomff or other fights 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249=3166
1=800-990=9108
Ame~eans with Di~hilit~
Act of 1
The Court of Common Pleas of Cumberland County is required by law to comply with the
Amex/cana with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must bo made at least 72 hours prior to any hearing or business before the
com~. You must attend the scheduled conference or hearing.
I~ETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plninfiff : CUMBERLAND COUNTY, PENNSYLVANIA
;
v. : 2001-2849 CIVIL TERM
:
GIANT FOOD STORES, INC. and : JURY TRIAL DEMANDED
FALK US PROPERTY INCOME FUND,:
Defendants :
AND NOW, this 18th day of Sune 2001 come the plaintiff, Betzi A. Morrison, by and
through her attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against
the defendants, Giant Food Stores, Inc. and Falk US Property Income Fund:
The plaintiff is Betzi A. Morrison who is an adult individual residing at 26 Garden
Parkway, Carlisle, Pennsylvania 17013.
The defendant, Giant Food Stores, Inc., is a corporation with its offices located at 1149
Harrisburg Pike, Carlisle, Pennsylvania, 17013.
The defendant, Falk US Properly Income Fund, is a corporation or real estate parme~ship
with its offices located 6 Adelaide Street East #310, Toronto, Ontario MSC IH6 Canada.
At approximately 12:!5 p.m., on May 13, 1999, the plaintiffwas shopping at the Giant
Food Store located at 255 South Spring Garden Street, Carlisle, Pennsylvania.
2
The plaintiff entered the store and as the plaintiff was rounding the end of the isle near the Bucks
County Coffee stand, she slipped and fell breaking her fight hip.
The plaintiff fell on an area of the floor containing significant moisture which had been
present for a significant period of time.
COUNT 1
BETZI A. MORRISON V,
FALK US PROPERTY INCOME FUNn
The avei~i~ents of fact contained in paragraphs one (1) through six (6) of the Complaint
are incorporated by reference and are made apart of this Count.
The defendant, Falk US Prope~ Income Fund, is the owner and/or manager of the real
estate located at 255 South Spring Garden Street, Carlisle, Pe~msylvania in which the Giant Food
Store is located.
o
The defendant constructed the building and failed to use flooring which did not become
slippery when exposed to moisture. The defendant knew of or should have known that moisture
on the floor created a high degree of risk to the large number of customer-invitees of which the
plaintiff was one.
3
10.
A large number of people had been injured on said floor prior to the date of the plaintiffs
fall on May 13, 1999.
11.
The defendant knew or should have known of the dangerous condition which existed on
the premises it owned which was occupied by defendant Giant Foods, Inc.
12.
The defendant had a duty to provide safe flooring within the food store premises which it
new would invite a large amount of foot traffic and which would also have occasion to have
moisture fail onto the floor from various activities within the grocery store.
13.
On Friday, May 14, 2001, Alan Mira, M.D. operated on the plaintiffto place three long
screws in the plaintiffs broken right hip.
14.
While a patient in the Carlisle Hospital following the surgery, the plaintiffdeveloped
pneumonia.
15.
The plaintiffwas hospitalized for approximately one week. Upon her release, she was
limited to the use of a walker for six weeks and then crutches for an additional six weeks. She
still walks with a cane.
4
16.
She has developed permanent bursitis and complications from the scar tissues of the
injury.
17.
The injuries sustained by the plaintiffwere the proximate cause of the negligence of the
defendant, Falk US Property Income Fund.
18.
The defendant was negligent in that it breached its duty of care to the plaintiff, Betzi A.
Morrison, as follows:
a. The defendant failed to use flooring which provided a safe footing even when
moisture was present on the floor.
b. The defendant failed to adequately manage or supervise the maintenance of the
floor of the premises which became moist and very slippery resulting in injuries to the
plaintiff.
c. Failure to adequately warn the plaintiffof the slippery floors.
d. Failure to adequately maintain the floor area upon which the plaintiff fell.
e. Failure to remove the moisture from the floor which created the dangerous
slippery condition.
f. Failure to repair or replace the flooring despite thc number of peopie injured by
falling on said floor.
g. Failure to adequately provide for the clean up of said moisture and the failure of
any supervision to correct the problem.
5
19.
The plaintiff seeks damages for her lost income due to her injuries and for the medical expenses
she incurred as a result of the fail on the defendant's premises.
20.
The plaintiff seeks damage for her pain and suffering, the loss of life's pleasures,
permanent injuries, and her pc~ii~anent scarring.
WHEREFORE, plaintiffrequests damages against the defendant, Faik US Property
Income Fund, in excess of Twenty-Five Thousand and no/100 ($25,000.00) Dollars together with
the costs of this action and interest as permitted by law.
COUNT II
BETZI A. MORI~I~ON V.
GIANT FOOD STORES~ INC,
21.
The averments of facts contained in paragraphs one (1) through twenty (20) of the
Complaint are hereby incorporated by reference and are made a part of this Count.
22.
The defendant, Giant Food Stores, Inc., leased the property from defendant Falk US
Property Income Fund and had possession of the premises at least a portion of the time.
6
23.
The defendant was negligent in that it breached its duty of care to the plaintiff, Betzi A.
Morrison, as follows:
a. The defendant failed to use flooring which provided a safe footing even when
moisture was present on the floor.
b. The defendant failed to adequately manage or supervise the maintenance of the
floor of the premises which became moist and very slippery resulting in injuries to the
plaintiff.
c. Failure tu adequately warn the plaintiffof the slippery floors.
d. Failure to adequately maintain the floor area upon which the plaintiff fell.
e. Fa/lure to remove the moisture from the floor which created the dangerous
slippery condition.
f. Failure to repair or replace the flooring despite the number of people injured by
falling on said floor.
g. Failure to adequately provide for the clean up of said moisture and the failure of
any supervision to correct the problem.
24.
The injuries sustained by the plaintiff were caused by the negligence of the defendant as
set forth above.
7
WHEREFORE, plaintiffrequests damages against the defendant, Giant Food Stores,
Inc., in excess of Twenty-Five Thousand and no/100 ($2S,000.00) Dollars togethe~ with the costs
of this action and interest as permitted by law.
Respectfully submitted,
IRWIN,~IGH~GHES
By: ~
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiff
Date: June 18, 2001
8
The foregoing Complaint is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
BETZ~ ~ORR~SON --
Date: June 18, 2001
Bl~'l'Z~l A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : 2001-2849 CIVIL TERM
:
GIANT FOOD STORES, INC. and : JURY TRIAL DEMANDED
FALK US PROPERTY INCOME FUND,: Defendants :
CERTIFICATE OF SERVIC~
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Complaint was
served upon the following by depositing n txue and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
George B. Failer, Jr., Esquire Falk US Property Income Fund
Martson, Deardorff Williams & Otto 6 Adelaide Street East #310
Ten East High Street Toronto, Ontario M5C 1 H6
Carlisle, PA 17013 Canada
IRW~IN~HT & HUGHES
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: June 13, 2001
9
BETZI A. MORRISON, : IN TH~ COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
FALK US PROPERTY INCOME FUND, :
DEPENDANTS :
PRAECI~E FOR ISSUANCE OF A WRIT OF SUMMONS
TO CURTIS R. LONG, PROTHONOTARY:
Please issu~ a Writ of Summuns against the def~adants, Giant Food Stores, In~. and Faik US Property
Income Fund, and cotar my appearance un behalf of the pI.in~i~f, Bctzi A. Mon'isun Please dir~t tho Sberiff to
serve tho de~undants as follows:
Giant Food Stores, Inc. Falk US Property Income Fund
1149 llarrtsburg Pike 6 Adelaide Street East ~310
Carlisle~ PA 17013 Toronto~ Ontario M~C 11~
Canada
Respectfully submi~ed,
IRWIN, M/~2~IGHT &~IlUGiI~S
60 West Pomf~t St~et, Carlisle, PA 17013
Da~e: May 10, 2001 (717) 249-2353 - Sup~n~ Cour~ LD. No: 25476
To: GIANT FOOD STORES, INC. and FALK US PROPERTY INCOME FUND
You are ber~by nofifi~'d that Be~zi A. Morrison, plaintiff, has comm~d agaimt you which you are
r~Clulred to dofcod o~ a default judgmcot may be unte~'ecl~~~
DEPUTY
Date:~'/~ /D ,
2001
BETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Pl'~tiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-ZIz[I~CIVIL ACFION - LAW
:
GIANT FOOD STORES, INC. and :
FALK US PROPERTY INCOME FUND, :
Defendants : JURY TRIAL DEMANDED
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER
TO: BETZI A. MORRISON, Plaintiff, and her attorney, MARCUS A. McKNIOHT, III,
ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
1. After reasonable investigation the answering Defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this
paragraph.
2. Denied as stated. To the contrary, Defendant's correct corporate designation is
currently Giant Food Stores, LLC which is a successor in interest to Giant Food Stores, Inc.
3. Admitted.
4. Denied pursuant to PA. R.C.P. 1029(e).
5. Denied pursuant to PA. R.C.P. 1029(e).
6. Denied pursuant to PA. R.C.P. 1029{e).
COUNT I
BETZI A. MORRISON V. FALK US PROPERTY INCOME FUND
7. The averments of paragraphs I through 6 of this answer are hereby incorporated by
reference.
8. It is admitted that the Falk US Property Income Fund is the owner of the real estate
located at 255 South Spring Garden Street, Carlisle, Pennsylvania in which the Giant Food Store is
located, it is denied that it is the manager of that real estate. To the contrary, at the time of the
incident Giant Food Store, Inc. lea~d the property and was in possession and control of the premims.
9. Denied as stated. To the contrary, the building located at 255 South Spring Garden
Street, Carlisle, Pennsylvania was constructed according to specifications supplied by Defendant
Giant Food Stores, Inc. The remaining averments of this paragraph are denied pursua,~t to PA.
R.C.P. 1029(e).
10-20. Denied pursuant to PA. R.C.P. 1029(e).
WHEREFORE, Defendant, Falk US Property Income Fund, demands judg,nent in its favor
and dismissal of Plainti_ff's Complaint with prejudice.
COUNT II
BETZI A. MORRI.qON V. GIANT FOOD STORES~ INC.
21. The averments of paragraphs I through 20 of this answer are hereby incorporated by
reference.
22. Admitted that on May 13, 1999, Defendant Giant Food Stores, Inc. leased the
property and had pos~ssion of the interior of the premiss known as Giant Food Store.
23. Denied pursuant to PA. R.C.P. 1029(e).
24. Denied pursuant to PA. R.C.P. 1029(e).
WHEREFORE, Defendant, Giant Food Stores, Inc., denvands judgment in its favor and
dismissal of Plaintiff's Complaint with prejudice.
NEW M ATI'ER
25. The averments of paragraphs I through 24 of this answer are hereby incorporated by
reference.
26. Plaintiff's injuries and damages, if any, were cau~d or contributed to by persons or
entities not pre~ntly parties to this litigation.
Ten East High Street ~r~
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendants' Giant Food Stores, Inc.
and Fa~ US Property Inco~ Fund
Dat~: July 17, 2001
VERIFICATION
TIMOTHY REARDON, who is Vice President-Risk Management and Support Services of
Giant Food Stores, LLC and acknowledges that he has the authority to execute this Verification in
behalfof Giant Food Stores, LLC certifies that the foregoing Answer is based upon information
which has been gathered by my counsel in the preparation of the lawsuit. The language of this
Answer is that of counsel and not my own. I have read the document and to the extent that the
Ans~ver is based upon information which I have given to my counsel, it is true and correct to the
best of my knowledge, information and belief. To the extent that the content of the Answer is that
of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, l may be subject to criminal penalties.
Giant Food St/~s, LLC.~/
CERTIFICATE OF SERVICE
I, Melinda A. Hall, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify
that a copy of thc foregoing Defendants' Answer to Plaintiff's Complaint with New Matter was
served this date by depositing same in the Post Office at Carlisle, PA. first class mail, postage prepaid,
addressed as follows:
Marcus A. McKnight, E~uire
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013-3222
MARTSON DEARDORFF WILLIAMS & OTTO
Melinda\ A. Haft -'
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: July 17, 2001
IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MORRISON
VS. :
: NO. 012840
GIANT FOOD STORES INC :
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 GEORGE FALLER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 09/11/01 GEORGE FALLER, ESQUIRE
MARTSON DEARDORFF WILLIAMS
TEN EAST HIGH STREET
CARLISLE, PA 17013
717-243-3341
ATTOPd~EY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jac~ueline C~&rroachi
File #: M277827
IN. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MORRISON
VS.
GIANT FOOD STORES INC No. 012840
TO: MARCUS MCKNIGHT
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(s) identical to
the one(s) 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 subpoena. If no objection is
made the subpoena may be served.
Date: 08/03/01 GEORGE FALLER, ESQUIRE
MARTSON DEARDORFF WILLIAMS
TEN EAST HIGH STREET
CARLISLE, PA 17013
ATTORNEY FOR DEFENDANT '
ZN~UZRZES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL P~EPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jao~ual~ne Ciarroeehi
Enc(s): Copy of subpoena(s)
Counsel return card
File #: M277827
o0~THOF p~2~NSYLVANIA
MORRISON :
: 012840
VS. : File No.
GIANT FOOD STORES INC :
SUBPOENA TO PROCXJCE [X)CLI'IENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
DR RICHARD HALLOCK, 875 POPLAR C}[URCH RD, CAMP }{ILL PA 17011
TO: (Name of person o~ Entity)
within twenty (20) days afte~ service of this subpoena, you a~e o~demed by the court t(.
produce the fo1 lowing docunent.~ o~ing~i. ................
at REPRODUCTIONS,( s%940 DISSTON ST., PEILA., PA
-- MEDICAL LEGAL A~s
You may deliver o~ mai] legible cc~ies of the doc~nents o~ pm~ce th4ngs requested
this sub--a, togethe~ w~th the certificate of ~,~]~ce, ~ the p~ty ~k~ng thi~
request at the addmess ]~sted ~ve. y~ have the m~t to s~k ~n advice the
cost of pceg~ng the ~ies o~ Deducing the th~n9s s~ght.
If y~ fa~l ~ pr~uce the ~nts ~ things re~{r~ by ~Js sub.era w~thin twen'7
(20) days aft~ its s~v~ce, the p~/y serving th~n ~a ~y seek ~ ~rt ~d.
~lS ~ WAS I~ AT ~E RE. ST ~ ~ F~L~I~ PER~:
~: GEORGE F~LER, ESQ
~E~: ~RTSON DE~ORFF WILLIES
~LEP~E:
215-335-3212
A~N~ F~= 49813
DEFEND~T
BY ~ ~T:
M277827-03 ~.
(Elf. T/g?]
ADDENDUM TO SUBPOENA
MORRISON
Vs. No. 012840
GIANT FOOD STORES INC
CUSTODIAN OF RECORDS FOR: DR RICHARD HALLOCK
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: BETZI A MOP~RISON
ADDRESS: 26 GARDEN PKWY CARLISLE PA
DATE OF BIRTH: 01/19/35
SSAN: 186286073
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE ATTACHED HERETO: I hereby certify as cu~todlan of
rec?rds that, to the best ~f my knowledge{ information and
belief all documents or things above mentIoned have been produced.
[ ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECOP. DS / XRAYS have been destroyed
Date Authorized signature for
DR RICHARD HALLOCK
M277827-03
*** SIGN AND RETURN THIS PAGE ***
COM~DNWEALTH OF P~~
oF
MORRI$ON :
: 012840
Vs. : Fi le No.
:
GIANT FOOD STORES INC :
SUBPOI[NA TO P --EcJ~-Jc~ DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
DR WILT,IAM PHEI~, 2 TYLER CT, CARLISLE PA 17013
TO: (Name of Perso~ o~ Entity)
within twenty (20) days after service of this subpoena, you a~e ordered by the court to
produce the fo1 lowing docunent.~ c~l~in~s~-..[.AC.L..j~.~ ADDEr~L~,[
at s4)9 0 szza.,
-- ~iEDZCA~. TuEGA~. REPRODUCTZONS,( ~s
y~ ~y deliver ~ ~i] legible ~{es of the ~ts ~ p~ce things ~equested
th~s sub--a, togeth~ with the certificate of ~l~ce, to the p~ty ~king thi~
request at the address listed ~ve. y~ have the ri~t ~ s~k in advice the ~ea~on~l~
~st of prepping the ~ies or or~ucing the things s~ght.
If y~ fail to pr~u~ the ~nts ~ things re~ir~ by th~s sub~ena within twenty
(20) days aft~ ~ts s~v4ce, the p~ty serving thi~ s~ ~Y seek a ~t
~,~eili~ y~ ~ ~ly w~%h ~t.
GEORGE F~LER, ESQ
~E~: ~TSON D~ORFF WILLI~
~LI~L~, ~A ~7013
~LE~E:
2~5-335-3212
~R~ ~T ID g
498~3
A~N~
DEFE~
BY ~ ~T:
p~o%~y~i~k, OJvJl
(Elf.
ADDENDUM TO SUBPOENA
MORRISON
VS. No. 012840
GIANT FOOD STORES INC
CUSTODIAN OF RECORDS FOR: DR WILLIAM PHELAN
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: BETZI A MORRISON
ADDRESS: 26 GARDEN PKWY CARLISLE PA
DATE OF BIRTH: 01/19/35
SSAN: 186286073
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE AND RETURN
[ ] RECORDS ARE, ATTACHED HERETO:I hereby certify as custodian of
records that, to the best ~f my knowledge{ information and
belief all documents or things above mentioned have been produced.
[ ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed
Date Authorized signature for
DR WILLIAM PHELAN
M277827-02
*** SIGN AND RETURN THIS PAGE ***
MORRISON : 01284 0
: File No.
GIANT FOOD STORES INC :
F~'~FI~, TO pR.(~UCE
' ~ _s~OVERY P~ TO R~E 4009.22
D~ ~N MI~, 220 WILSON ST, C~IS~E PA ~70~3
TO: (Nm of P~S~ ~ Enttty)
within tw~%y (20) days aft~ s~v~ce of %h~s sub~ena, Y~ ~e ~dered by the court to
If y~ fail ~o pr~uce %he ~ts ~ things re~ir~ by ~Js sub~ena within twer,t~
(20) 4ays af~ its
GEORGE F~SER, ESQ
49813
DEFE~T BY ~ ~T:
(Elf. '7'/9
ADDENDUM TO SUBPOENA
MORRISON
VS. NO. 012860
GIANT FOOD STORES INC
CUSTODIAN OF RECORDS FOR: DR ALLANMIRA
AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
EMO A, EosIs . I
INFORMATION REI~T~m~ ~u -=,~
NAME: BETZI A MORRISON
ADDRESS: 26 GARDEN pKWY CARLISLE PA
DATE OF BIRTH: 01/19/35
SSAN: 186286073
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN COMPLETE AND RETURN
[ ] RECORDS AFB ATTACHED HERETO: I hereby certi.fy_ as c.u.stodia~n of
. . beet of my knowledge,, ln=orma=xon an~
records that, to the _ . e mentioned have been produced.
belief all documents or thxngs abov
[ ] NO DOCUMENTSAVAILABLE: I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS ( ) PATIENT BILLING
( ) x-RAYS ( ) RECORDS / XRAYS have been destroyed
Authorized signature for
Date DR ALLAN MIRA
M277827-01
*** SIGN AND RETURN THIS PAGE ***
BETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: '~240
v. : 2001-~4q'CIVIL TERM
:
GIANT FOOD STORES, INC. and : JURY TRIAL DEMANDED
FALK US PROPERTY INCOME FUND,:
Defendants :
ANSWER TO NEW MATTER
AND NOW, this 3rd day of October 2001 comes the Plaintiff, Betzi A. Morrison, by her
attorneys, Irwin, McKnight & Hughes, and makes the following Answer to New Matter of the
Defendants:
25.
The averments of fact contained in paragraph one (1) through twenty-four (24) of the
Plaintiff's Complaint are incorporated by reference and are made a pa~ of the Answer to
paragraphs twenty-five (25) of the New Matter of the Defendants.
26.
The averments of fact contained in paragraph twenty-six (26) of the New Matter are
within the sole knowledge of the Defendants. They are therefore denied and proof thereof is
demanded.
WHEREFORE, the Plaintiff respectfully requests damages against the Defendant,
Giant Food Stores, Inc. in excess of Twenty Five Thousand and no/100 ($25,000.00) Dollars
together with the costs of this action and interest as permitted by law.
Respectfully submitted,
By: ~IRWIN, MCKN HT & GHES
60 W~t Pomfret Street
Carlisle,"i¥.,f~s~ylvania 17013~,/
249-235~
(717)
Supreme Court I.D. No. 25476
Attorney for Plaintiff,
Betzi A. Morrison
Date: October 3, 2001
2
VERIFICATION
The foregoing Answer to New Matter is based upon information which has been gathered
by counsel and myself in the preparation ofthisraction. I have head the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unswom falsification to authorities.
Date October 3, 2001
BETZ! A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : 2001-21M9 CIVIL TERM
:
GIANT FOOD STORES, INC. and : JURY TRIAL DEMANDED
FALK US PROPERTY INCOME FUND,:
Defendants :
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, IlI~ Esquire, hereby certify that a copy of attached Answer to
New Matter was served upon the following by depositing a true and correct copy of the same in
the United States mail, First Class, postage prepaid in Carlisle~ Pennsylvania,
on the date referenced below and addressed as follows:
George B. Failer. Jr., Esq.
Martson, Deardoff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
IRWIN, MeKNIGHT & HUGHES
By: ~ _.
Date: October 3, 2001
4
sHERIFF'S RETURN - U.S- cERTIFIED MAIL
CASE NO: 2001°02S40 P
COM~o~EALTH OF pENNSYLVANIA
d6uNTY OF cuMBERSAND
MORRISON BETZI A
VS.
GIANT FoOD sToRES INC ET AL of Cu~erland
' sheriff
gcounty, pennsylvania, duly sworn according to law served the
within named DEFENDANT ,FALK US PROPERTY INcoME FuND ,----------
~ by united StateS certified Mail postage
,20_~01 at 0000:00 HOURS, at
' on the ll_~th day of Ma~
prepaid, T #310 TORONTO oNTARIO M5C 1H6
6 ADELAIDE sTREET EAST ~u _ , a true
CANADA, . Together
WRIT OF sUMMONS
and attested copy of the attached
with The returned
receipt card waS signed by NEVER RECEIVED RETURN cARD on
Additional CommentS:
sheriff's Costs:
6.00 ~.-Thomas Kline county
Docket ing 2 · 99
Cert Mail .00 Sheriff of Cumberland
Affidavit 10.00
Surcharge .00
paid by IRWIN McKNIGHT & HUGHES on 10/03/2001
sworn and subscribed to before me
this'-//~ _day of~~ --
~____o~_A-D'
CAsE NO: 2001-02840 p SHERIRF,S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTy OF CUMBERLAND
Onerlr~ o ..
~ uOunty, Pennsylvani~ . r Deputy Sheriff of
Says, the Within WRIT OF ,,~_ a, who being duly sworn acco~=-
G/ANT FOOD STOREs~ Was Serv ~=~ng to law,
~ the
~IKE ~ Y of May
a true and =~_
,~u attested COpy of ~
~ together With
~ attention to the contents thereof.
Sheriff's Costs:
Docketing So Answers:
Service 18.00
Surcharge .00
10.00
~ ' .
31.10 10/03/2001
WOrn and SUbscribed to before By:
~ this ~_ day of
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must Oe typewhtten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( x ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caution must be stated in full) (check one)
( ) Assumps~t
BETZI A. MORRISON,
( ) Trespass
( ) Trespass (Motor Vefliclei
(X) SLIP & FALL
(Plaintiff) (other)
The trial list will be called on January 7, 2003
GIANT FOOD STORE, INC. and
FALK US PROPERTY INCOME FUND, and _.
Trials commence on February
(Defendant) PretrlalS will ~)e held on January 15. 2003 .
vS. (Briefs are due 5 days t)efore I~retrtals.)
(The party listing this case for trial snail prowcle
forthwith a copy of the Draactca to all counsel.
pursuant to local Rule 214-1.)
No. ~ Civil N,~(_2_.0.01
Indicate the attorney who will try case for the party who files tills praecwe:
George B. Faller, Jr., Esquire _
Inchcate trial counsel for other partfes Jf known: __
Marcus A. McKnight, Esquire
This case ,s reaov for trial. SicJneO: _B.._~Ceo;~e~.~/
BETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-284~- CIVIL TERM
:
GIANT FOOD STORES, INC. and : CIVIL ACTION - LAW
FALK US PROPERTY INCOME FUND:
Defendants : JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
To Curtis R. Long, Prothonotary:
Please mark the above-captioned case settled and discontinued and issue a Settlement
Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle,
Pennsylvania 17013.
Respectfully submitted,
IRWIN, Mc~GHT ~UGHES
By: ~..
Marcus ~q.~lc~sh'~Ill,~e
60 West P~ffret Street Nx
Carlislel/Pennsylvania 17013 )
(717) 2~
Date: August 5, 2003
BETZI A. MORRISON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 01-2849- CIVIL TERM
:
GIANT FOOD STORES, INC. and : CIVIL ACTION - LAW
FALK US PROPERTY INCOME FUND:
Defendants : JURY TRIAL DEMANDED
CERTIFICATE OF SERVIC~
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to
Settle and Discontinue was served upon the following by depositing a true and correct copy of
the same in the United States mail, First Class, postage p~paid in Carlisle, Pennsylvania, on the
date referenced below and addressed as follows:
George B. Failer, Jr., Esq.
MARTSON, DEARDORFF, WILLIAMS & O'FrO
Ten East High Street
Carlisle, PA 17013
60 West Pomfret Street ~ ~-
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: August 5, 2003