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Home My WebLink About11-5565IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Katherine B. Rickard 180 Barrick Hill Road Shermansdale, PA 17090 VS. Case No. l Civil TerEn Civil Action &,641j Defendant(s) & Address(es) Petsmart, 243 Westminster Dr., Carlisle : PA, 17013; Jane Doe 1(Empl. "Dana"); : Jane Doe 2 (Grooming Salon Manager); John Doe 3 (General Store Manager) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case c o 2? C m =- z?c? r r r -urn ..?3> o , z < -n acs ?- fV Cm Writ of Summons shall be issued and forwarded to Attorne /S riff. Please Circle choice Date : July 8, 2011 re of Attorney Print Name: Don Bailey Address: 4311 North Sixth Street Harrisburg, PA 17110 Telephone #: 717-221-9500 Supreme Court ID Number: 23786 • • • 0 • WRIT OF SUMMONS TO: Petsmart, Employees Jane Doe 1(Dana), Jane Doe 2, and John Doe 3 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: a by 41 Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor „ti,, O_Mtj,j I 01 tr y FILED-OFFICL OF 1-HE PROTHO'JOT/pj 2011 JUL 18 PH 1: 20 CUMBERLAW) COUNTY, PENNSYLVANIA Katherine B Rickard vs. PetSmart (et al.) Case Number 2011-5565 SHERIFF'S RETURN OF SERVICE 07/13/2011 02:34 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1434 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: art, by making known unto David Anthony, Store Manager for PetSmart at 243 Westminister 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. STEPHEN BENDER, DEPUTY 07/13/2011 02:34 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1434 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jane Doe 1 - Stores General Manager, by making known unto David Anthony, Store Manager for PetSma` resat 243 Westminister 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. STEPHEN BENDER, DEPUTY 07/13/2011 02:34 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1434 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit:.jaaeDoe 2 - Grooming Salon Manager, by making known unto David Anthony, Store Manager for PetSmart at 243 Westminister 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. TEPH N BENDER, DEPUTY 07/13/2011 02:34 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1434 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: 4g-bn pe 3 - Stores General Manager, by making known unto David Anthony, Store Manager for PetSmart at 243 Westminister 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. STEPHEN BENDER, DEPUTY SHERIFF COST: $82.44 July 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF U.. 147111tr ?"'F. .. e t l n.T rr 17634-DC C= t CHIERICI, CHIERICI & SMITH cn CHIERICI, CHIERICI & SMITH 'F{ By: Donald R. Chierici ID No : 18578 332 West Broad St. -e -- ?'` Quakertown, PA 18951 ?.? (215) 561-3243 Attorneys for defendant, PetSmart, Inc. ------------------- ------ KATHERINE B. RICKARD COURT OF COMMON PLEAS 180 Barrick Hill Rd. CUMBERLAND COUNTY Shermansdale, PA 17090 NO: 11-5565 - civil Plaintiff V. PETSMART, INC. 243 Westminster Dr. Carlisle, PA 17013 JANE DOE 1 (Employee "Dana"); JANE DOE 2 (Grooming Salon Manager); JANE DOE 3 (General Store Manager) Defendants 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 Non Pros. M(P- DMMld R. Chierici Attorney for Defendant, PetSmart RULE TO FILE COMPLAINT -AND NOW, this day of Auatlzf 2011 a Rule is "hereby.-granted upon plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. A 0 Ael Id r honotary, DAwo E i 17634-DC CHIERICI, CHIERICI & SMITH CHIERICI, CHIERICI & SMITH By: Donald R. Chierici ID No: 18578 332 West Broad St. Quakertown, PA 18951 (215) 561-3243 Attorneys for defendant, PetSmart, Inc. ------------------------ KATHERINE B. RICKARD COURT OF COMMON PLEAS 180 Barrick Hill Rd. CUMBERLAND COUNTY Shermansdale, PA 17090 Plaintiff NO: 11-5565 - civil v. PETSMART, INC. 243 Westminster Dr. Carlisle, PA 17013 JANE DOE 1 (Employee "Dana"); JANE DOE 2 (Grooming Salon Manager); JANE DOE 3 (General Store Manager) ----------------------------- CERTIFICATION OF SERVICE I hereby certify that on today's date I served a true and correct copy of the Praecipe for Rule to File Complaint by first- class mail, postage prepaid, upon all attorneys and parties of record, addressed as follows: David Bailey, Esq. 4311 North Sixth St. Harrisburg, PA 17110 Attorneys for Plaintiff CHIERICI CHIERICI & SMIT A Professional Corporation 1 By: onald R. Chierici Dated: August 3, 2011 Don Bailey, Esquire PAID #23786 4311 N. 6th St. Harrisburg, PA 17110 717-221-9500 Attorney for Plaintiff Katherine B. Rickard L !? LED-TO f?1?T1CL fH T RUti1ON- 0 [Ai? ,F E 2011 SEP 12 PM 3= 5`l PENNSYLVAN A T`? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE P. RICKARD NO: 11-5565-CIVIL Plaintiff VS. PETSMART INC. DAVID ANTHONY, AND JANE DOE, Defendants COMPLAINT AND NOW COMES the plaintiff Katherine B. Rickard (a.k.a. Katherine) of 180 Barrick Hill Road, Shermansdale PA 17090, and demands judgment of the defendants for the death of her beloved dog "Mo". INTRODUCTORY STATEMENT Plaintiff is an elderly widow who for many years had as her sole companion a registered Border Collie ("Mohawk/Mo") named "Mo". The dog was her closest friend and the two dearly loved each other. Plaintiff had regularly taken Mo for grooming and other treatment to the "PetSmart" in Carlisle, Pennsylvania (243 Westminster Dr.) where she also bought all of Mo's dog food. On or about July 8, 2009 Ms. Rickard scheduled Mo for a complete grooming at defendants' store. When Mo was groomed, numerous growths, which were down in his hair were 1 clipped off by the defendants. Ms. Rickard had personally made the defendants aware of the growths. As a result of the defendants' recklessness and negligence Mo developed horribly painful and obnoxious infections from which he died a horrible and lingering death. FACTUAL AVERMENTS 1. The plaintiff Kathy Rickard is a resident of Cumberland County, Pennsylvania, where she has lived for many, many years. 2. The defendant PetSmart, Inc., is, inter alia, in the business of inviting persons with dogs to buy food and services at their business establishment not limited to grooming and providing supplies and advice for pets. 3. Defendant PetSmart represents that it is a caring and concerned supplier of services for pets and particularly dogs, and that it trains its employees carefully to ensure that not only a good work product but safety for the animals is a top company concern, all subject to PetSmart's business of providing pet services for money. 4. On July 8, 2009 Mo was scheduled by his owner, Katherine Rickard, the plaintiff, for grooming services at the defendants' store which is believed to be located at 243 Westminster Dr., Carlisle, PA 17013. 5. Prior to the grooming Ms. Rickard pointed out to "Jane Doe" believed to be a person named "Dana" that Mo had numerous growths located down in his hair. Mo had been groomed there before and when that occurred the groomer would always placed their fingers on the growth and cut around it and Mo had never had any health problems associated with that procedure. Because of her concern, I have to point them out in the complaint Katherine took great care to point this out. 2 6. For whatever reason Mo was put off until the end of the day at which time, exercising gross recklessness and egregious negligence, Mo was clipped in a manner where all of the growths were simply cut off. 7. As a result Mo not only bled profusely and was caused to be in great pain, but he developed many infections, which produced not just pain and oozing fluids but obnoxious odors that made Kathy ill and repelled visitors to the home. 8. Although Ms. Rickard provided Mo with extensive veterinary care, including surgery, his life could not be saved. He died on or about July 2010 after months and months of horrible suffering. 9. As a result of Mo's death, the care she provided him, and the suffering, her beloved pet had to endure, Kathy was made ill and subjected to extensive pain and emotional distress, proximately caused by the intentional recklessness and negligence of the defendants. 10. Plaintiff Rickard still suffers from the loss of Mo and the extreme pain and suffering she endured in caring for him while being forced to personally experience and deal with his excruciating and unnecessary death. 11. Based upon her observations on the day when Mo was groomed, the employees at PetSmart simply wanted to get home quickly, and the death causing actions which eventually killed Mo, i.e., in not exercising the necessary care to avoid clipping the growths, was intentional. 12. The defendant, David Anthony was and is responsible for managing and training personnel at the PetSmart store whose unlawful services resulted in Mo's painful and unnecessary death. 3 13. The defendant, David Anthony failed to properly train and supervise PetSmart personnel including the employee Jane Doe (believed to be a young lady named "Dana") who groomed Mo on July 8, 2009, which in turn led to his death. 14. PetSmart had a duty of care to Ms. Rickard, as a business invitee, which it in all ways violated and failed to fulfill. Wherefore plaintiff demands judgment of the defendants jointly and severally for the intentional infliction of emotional distress, damages for trespass to chattels, for pain and suffering, for all financial losses, including veterinary bills, cleaning bills, travel, and such other relief as may be deemed appropriate. OTectfull y Subm itt, Don Bailey, Esquire Attorney ID 23786 4311 N. Sixth Street Harrisburg, PA 17110 5? 4 VERIFICATION I, Katherine B. Rickard do hereby verify that the aforementioned statements contained in the Complaint are true and correct to the best of my knowledge, information and belief. I make this verification knowing that it is unlawful pursuant to 18 P.A. C.S. §4904 both criminally and civilly, to provide false information in a legal proceeding. I intend to be legally bound hereby. ("therinWeB. Ric and Dated: September 12, 2011 CERTIFICATE OF SERVICE I, Don Bailey, do hereby certify that on this 13TH day of September 2011, I caused to be served a true and correct copy of the foregoing Complaint by First Class Mail, Postage Prepaid to the following attorney: DONALD R. CHIERICI CHIERICI CHIERICI & SMITH 332 West Broad Street Quakertown, Pa 18951 R ectf illy S itted, Don Bailey, Esquire Attorney ID 23786 4311 North Sixth Street Harrisburg, PA 17110 Attorney for Plaintiffs 5 ?1 PRAECIPE FAR AI WING CASE FOR ARGUMENT r ` (Must be typewritten and submitted in triplicate) , TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for themexV- Argument Court.) rna ------------------ --------------------------- -------- --------------------------------------------------------------- :n M CAPTION OF CASE' r T>, (entire caption must be stated in full) r- :z ?? Katherine Rickard =o C vs. PetSmart, Inc.; -4-e+- JW Doe 1, (F.nnployee jam a (lamoil q No 11-5565 JBIn bw .3( General S ? Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections in the nature of a Partial Demurrer 2. Identify all counsel who will argue cases: (a) for plaintiffs: Donald Bailey, 4311 N. 6th St., Harrisburg, PA 17110 (Name and Address) (b) for defendants: Donald R. Chierici, 509 S. Lenola Rd., Bldg. 6, Moorestown, NJ 08057 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: March 14, 2012 Sig ture PIrint your name c Donald R. Chierici Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 1 r 17639-DC CHIERICI, CHIERICI & SMITH By: Donald R. Chierici ID No: 18578 332 West Broad St. Quakertown, PA 18951 (215) 561-3243 Attorneys for defendant, PetSmart, Inc. ------------------------ KATHERINE B. RICKARD 180 Barric.k Hill Rd. Shermansdale, PA 17090 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-5565 - civil v. PETSMART, INC. 243 Westminster Dr. Carlisle, PA 17013 JANE DOE 1. (Employee "Dana"); JANE DOE 2 (Grooming Salon Manager); JANE DOE 3 (General Store Manager) Defendants CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of Praecipe Listing Case for Argument on Defendant, PetSmart's Preliminary Objections in this matter upon the following individuals in accordance with P.A.R.C.P. 440 via regular, first class mail: Donald Bailey, Esq. 4311 North Sixth St. Harrisburg, PA 17110 Attorney for Pla"?ntiff , 15onald R. Chierici Dated: March 14, 2012 r Cr7 PRAECIPE FOR LISTING CASE FOR Wi?W r #6" ' P NI t (Must be typewritten and submitted in tripficAft JSERLAP40 CoUj'gj TO THE PROTHONOTARY OF CUMBERLAND COUNT`: (List the witti'w."'Y" f wt Argument Court) CAPTION OF CASE (entire caption must be stated in fuA'J Katherine Rickard vs. PetSmart, Inc., et al. No. 11-5565 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, ete.): a7.d 5 PWbr rAry OtbecbmS k' the nwAt dI b PWft Dtrmrm 2. Identify all counsel who will argue crises (a) for plaintiffs: Donald Bailey, 4311 N. 6th St., Harrisburg, PA 17110 ("Name and Address) (b) for defendants: Donald R. C:Chierici, 509 S. Lenola Rd., Bldg. 6, Moorestown, NJ 08057 (:Name and .Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4_ Argument Court Date_ Date. Sigr here your name Donald R. Chierici 4/17/12' AttorneyforDefendant, PetSmart INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT Ad WIPASTRATOR (not the Prothonotary) before argument. 2. Tike moving party shall fie and serve their brief 14 days prior to argument. 3. The responding party shall Me their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed: with the COURT ADMINSTRATOR (not the Prothonotary) after the case is relisted. OLa? Qtk a7vo(o 9 17639-DC CHIERICI, CHIERICI & SMITH By: Donald R. Chierici ID No: 18578 332 West Broad St. Quakertown, PA 18951 (215) 561-3243 Attorneys for defendant, PetSmart, Inc. ------------------------ KATHERINE B. RICKARD 180 Barrick Hill Rd. Shermansdale, PA 17090 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. PETSMART, INC. 243 Westminster Dr. Carlisle, PA 17013 JANE DOE 1 (Employee "Dana"); JANE DOE 2 (Grooming Salon Manager); JANE DOE 3 (General Store Manager) Defendants NO: 11-5565 - civil CERTIFICATE OF SERVICE I hereby certify that on this date I served a true and correct copy of Praecipe Listing Case for Argument on Defendant, PetSmart's Preliminary Objections in this matter upon the following individuals in accordance with P.A.R.C.P. 440 via regular, first class mail: Donald Bailey, Esq. 4311 North Sixth St. Harrisburg, PA 17110 Attorney for Plain iff Dona d R. Chierici Dated: April 17, 2012 #18. KATHERINE B. IN THE COURT OF COMMON PLEAS OF RICKARD, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-5565 CIVIL PETSMART, INC., CIVIL ACTION -LAW Defendants IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE GUIDO, EBERT, JJ. ORDER OF COURT AND NOW, this 6TH day of JUNE, 2012, after reviewing the briefs filed by the parties in support of their respective positions, and having heard argument thereon, the Defendants' demeurrer to the claim for intentional infliction of emotional distress is SUSTANINED. ? Donald Bailey, Esquire 4311 North Sixth Street Harrisburg, Pa. 17110 Donald R. Chierici, Esquire 332 West Broad Street Quakertown, Pa. 18951 'Court Administrator C L?G?iC?s %ztCc ?t'd I_A/ BY THE COURT, -J,y, ray _ r} t SJ _ . Edward E. Guido J. r , ,elzL.--. i 1V P1�0140,N n13 DEC 30 PM 17634-DC CHIERICI, CHIERICI & SMITH Cll BERLAND COU NTY A Professional Corporation PENNS YLVA " a By: Donald R. Chierici ID: 18578 332 W. Broad St. Quakertown, PA 18951 215-561-3243 Attorneys for Defendant, PetSmart, Inc. ------------------------------------------------ KATHERINE B. RICKARD : COURT OF COMMON PLEAS 180 Barrick Hill Rd. : CUMBERLAND COUNTY Shermansdale, PA 17090 : CIVIL TRIAL DIVISION Plaintiff, VS. : NO. 11-5565 - civil PETSMART, INC. : 243 Westminster Dr. Carlisle, PA 17013 : ORDER TO SETTLE DISCONTINUE AND END JANE DOE 1 (Employee "Dana"); JANE DOE 2 (Grooming Salon Manager); JANE DOE 3 (General Store Manager) Defendants ------------------------------------------------ TO THE PROTHONOTARY: Kindly mark the above captioned matter, Settled, Discontinued and Ended. By: Don Bailey, Esquire Dated: Attorney for plaintiff