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HomeMy WebLinkAbout11-7701IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) LEIGHANN and SHANE MOLL, husband & wife 891 Pine Meadow Court Oconomowoc, WI 53066 vs. Defendant(s) & Address(es) BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG 6416 Carlisle Pike, Suite 3500 Mechanicsburg, PA 17050 and CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 Case No. + j- ?1 V t Civil Term PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case. Writ of Summons shall be issued and forwarded Date: 10/10/11 Signature of Print Name: John B. Address: 17 South Sf u 00 r -7w - 4 ? i Q o ? --t N Harrisburg, PA 17101 Telephone #:717.233.1000 Supreme Court ID Number: 79989 ?9amPd nN? $ri0yl G?b?n t??i??? c • • • • • Q,II.a?o57S? WRIT OF SUMMONS 1. TO: ChyGk.,-??•?? -rot. QK ChiCt-Fit -W -XyLe, 41dibla C?Ck-Fib-}9 14T?1?. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAIN?gj) D/HAVE COMMENCED AN ACTION AGAINST YOU. ?? Date: V u lerk, Civil Division By Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) LEIGHANN and SHANE MOLL, husband & wife 891 Pine Meadow Court Oconomowoc, WI 53066 :Case No. 11-7701 Civil Term VS. Defendant(s) & Address(es) BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG 6416 Carlisle Pike, Sui.c 3500 Mechanicsburg, PA 17050 and CHICK-FIL-A, INC., and CHICK-FIL-A. INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG c/o CT Corporation System 1635 Market Street Philadelphia. PA 19103 ACCEPTANCE OF SERVICE Fri CD .? _ ?. - .?- - ` <cam - „ ? n -M CD 8 C-,: N r- .. Pursuant to Pennsylvania Rule of Civil Procedure 402(b), I accept service of the Writ of Summons on behalf of Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, and Chick-Fil-A, Inc., and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A At Mechanicsburg c/o Ct Corporation System and certify that I am authorized to do so. NAULTY, SCARICAMAZZA & MCDEVITT LLC Date: , 7/ '<< Gerard X. Smith, Esquire Identification No. 40927 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Attorney for Defendants Brian Gibson, Individually and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg, and Chick-Fil-A, Inc., and Chick-Fil-A, Inc. t/d/b/a Chick-Fil-A At Mechanicsburg c% Ct Corporation System IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PEYTON J. MOLL, a Minor, by Case No. 11-6037 LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, Civil Action -Law Plaintiff, VS. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PLAINTIFF'S MOTION TO CONSOLIDATE rTf Ctt Z ,?. -?- <t3 --4r_ ? 3c= 0 AND NOW comes Plaintiff, by and through his counsel, SkarlatosZonarich LLC, pursuant to Rule 213(a) of the Pennsylvania Rules of Civil Procedure, and moves this Honorable Court for an order of consolidation; and in support thereof, provides the following: 1. Plaintiff Peyton J. Moll is a minor who when two (2) years old suffered significant burns and permanent injuries on October 13, 2009, such injuries resulting from coffee being spilled on him at the restaurant known as Chick-Fil-A at Mechanicsburg. 2. There is also presently pending in the Court of Common Pleas of Cumberland County at Case No. 11-7701, Civil Term, an action by Leighann and Shane Moll, husband and wife, against all of the defendants in this suit to recover for damages arising from the same occurrence involved in this action. Furthermore, both actions: involve common questions of law and fact; have the same legal counsel representing the parties; and are in the early stages of litigation. 3. Absent consolidation, the possibility exists for added expense, duplication of work and inconsistent verdicts. 4. The consolidation of these two actions will not prejudice the substantial rights of any of the parties. It will be in the best interests of the parties and the Court to consolidate. 5. Judge Albert H. Masland has previously issued an Order / Rule to Show Cause in this matter concerning "Plaintiff s Emergency Motion to Compel Discovery and for Sanctions against Defendants Brian Gibson, individually, and Brian Gibson t/d/b/a Chick-Fil-A at Mechanicsburg". 6. Plaintiff provided a copy of this Motion to, and sought the concurrence of, Gerard X. Smith, Esq., and Suzanne K. Mintzer, Esq., counsel for defendants in both actions, and the response was that they have no objection to Plaintiff s Motion to Consolidate. 7. At the request of the Prothonotary, a separate but nearly identical motion to consolidate is simultaneously being filed in Case No. 11-7701, Civil Term. WHEREFORE, Plaintiff requests that the Court order consolidation of these cases under Civil Action No. 11-6037 for purposes of discovery and trial. Respectfully submitted, TOSGONARICH LLC Dated: 11/16/11 By: s ,Esquire IdentN 19632 Johfi rZonnarich,'Esquire John Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the Law Firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing PLAINTIFF'S MOTION TO CONSOLIDATE upon the person(s) indicated below by sending a copy of the same via regular, postage prepaid, U.S. Mail addressed as follows: Gerard X. Smith, Esq. Suzanne K. Mintzer, Esq. Naulty, Scaricamazza & McDevitt LLC 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: 11/16/11 Legal Assistant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEIGHANN and SHANE MOLL, husband & wife, Plaintiffs, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. Case No. 11-7701 Civil Action - Law C Q rn W x S.E ' zM ? o F ir- T n r c -' J -<> r--v _J -_, ?o on PLAINTIFFS' MOTION TO CONSOLIDATE AND NOW comes Plaintiffs, by and through their counsel, SkarlatosZonarich LLC, pursuant to Rule 213(a) of the Pennsylvania Rules of Civil Procedure, to move this Honorable Court for an order of consolidation; and in support thereof, provide the following: 1. This civil action was brought by Leighann and Shane Moll, the parents of Peyton J. Moll, a minor, who when two (2) years old suffered significant burns and permanent injuries on October 13, 2009, such injuries resulting from coffee being spilled on him at the restaurant known as Chick-Fil-A at Mechanicsburg. 2. There is also presently pending in the Court of Common Pleas of Cumberland County at Case No. 11-6037, Civil Term, an action by Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, against all of the defendants in this suit to recover for damages arising from the same occurrence involved in this action. Furthermore, both actions: involve common questions of law and fact; have the same legal counsel representing the parties; and are in the early stages of litigation. 3. Absent consolidation, the possibility exists for added expense, duplication of work and inconsistent verdicts. 4. The consolidation of these two actions will not prejudice the substantial rights of any of the parties. It will be in the best interests of the parties and the Court to consolidate. 5. Judge Albert H. Masland has previously issued an Order / Rule to Show Cause in the related case, Case No. 11-6037, Civil Term. 6. A copy of the Motion to Consolidate filed in the related case, Case No. 11-6037, Civil Term, was provided to Gerard X. Smith, Esq., and Suzanne K. Mintzer, Esq., counsel for defendants in both actions, and the response was that they had no objection to the Motion to Consolidate. 7. At the request of the Prothonotary, a separate but nearly identical motion to consolidate is simultaneously being filed in Case No. 11-6037, Civil Term. WHEREFORE, Plaintiff requests that the Court order consolidation of these cases under Civil Action No. 11-6037 for purposes of discovery and trial. Respectfully submitted, TORGONARICH LLC Dated: 11/16/11 By: John h, Esquire Ident c rona o. 19632 John B. c Esq uire Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the Law Firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing PLAINTIFF'S MOTION TO CONSOLIDATE upon the person(s) indicated below by sending a copy of the same via regular, postage prepaid, U.S. Mail addressed as follows: Gerard X. Smith, Esq. Suzanne K. Mintzer, Esq. Naulty, Scaricamazza & McDevitt LLC 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: 11/16/11 ADherry lin Legal Assist nt S PEYTON J. MOLL, a Minor, by LEIGHANN and SHANE MOLL, his Parents and Natural Guardians, Plaintiff, vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. LEIGHANN and SHANE MOLL, husband and wife, Plaintiffs, VS. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Consolidated Case No. 11-6037 Civil Action - Law rn Co -Z t -r <A Case No 11-7701 U - j . 4c:) Civil Action - Law Q c 1.3 C) C7) ORDER AND NOW, this - day of ? , 2011, upon motion of Plaintiff, it is ORDERED and DECREED that the above captioned actions are consolidated under Civil Action No. 11-6037 for purposes of discovery and trial. BY THE COURT: J. Distribution: ? John B. Zonarich, Esq., SkarlatosZonarich LLC, 17 South Second Street, 6th Floor, Harrisburg, Pennsylvania 17101-2039. Gerard X. Smith, Esq., Suzanne K. Mintzer, Esq., Naulty, Scaricamazza & McDevitt LLC, 1617 John F. Kennedy Boulevard, One Penn Center, Suite 750, Philadelphia, PA 19103. C P ? ?a?N P? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEIGHANN and SHANE MOLL, husband & wife, Case No. 11-7701 Plaintiffs, , Civil Action - Law c !E! vs. ? z F BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a C:)_ n CHICK-FIL-A AT MECHANICSBURG, C-- C) _fP" Defendants. PLAINTIFFS' MOTION TO CONSOLIDATE AND NOW comes Plaintiffs, by and through their counsel, SkarlatosZonarich LLC, pursuant to Rule 213(a) of the Pennsylvania Rules of Civil Procedure, to move this Honorable Court for an order of consolidation; and in support thereof, provide the following: 1. This civil action was brought by Leighann and Shane Moll, the parents of Peyton J. Moll, a minor, who when two (2) years old suffered significant burns and permanent injuries on October 13, 2009, such injuries resulting from coffee being spilled on him at the restaurant known as Chick-Fil-A at Mechanicsburg. 2. There is also presently pending in the Court of Common Pleas of Cumberland County at Case No. 11-6037, Civil Term, an action by Peyton J. Moll, a Minor, by Leighann and Shane Moll, his Parents and Natural Guardians, against all of the defendants in this suit to recover for damages arising from the same occurrence involved in this action. Furthermore, both actions: involve common questions of law and fact; have the same legal counsel representing the parties; and are in the early stages of litigation. 3. Absent consolidation, the possibility exists for added expense, duplication of work and inconsistent verdicts. 4. The consolidation of these two actions will not prejudice the substantial rights of any of the parties. It will be in the best interests of the parties and the Court to consolidate. 5. Judge Albert H. Masland has previously issued an Order / Rule to Show Cause in the related case, Case No. 11-6037, Civil Term. 6. A copy of the Motion to Consolidate filed in the related case, Case No. 11-6037, Civil Term, was provided to Gerard X. Smith, Esq., and Suzanne K. Mintzer, Esq., counsel for defendants in both actions, and the response was that they had no objection to the Motion to Consolidate. 7. At the request of the Prothonotary, a separate but nearly identical motion to consolidate is simultaneously being filed in Case No. 11-6037, Civil Term. WHEREFORE, Plaintiff requests that the Court order consolidation of these cases under Civil Action No. 11-6037 for purposes of discovery and trial. Respectfully submitted, SKAPAATORZONARICH LLC Dated: 11/16/11 By: Johh Esquire Ident c 19632 John Esquire Identification No. 79989 Brian W. Mains, Esquire Identification No. 310479 Skarlatos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the Law Firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing .PLAINTIFF'S MOTION TO CONSOLIDATE upon the person(s) indicated below by sending a copy of the same via regular, postage prepaid, U.S. Mail addressed as follows: Gerard X. Smith, Esq. Suzanne K. Mintzer, Esq. Naulty, Scaricamazza & McDevitt LLC 1617 John F. Kennedy Boulevard One Penn Center, Suite 750 Philadelphia, PA 19103 Dated: 11/16/11 i' herry L. D lin Legal Assist nt SKARLATOSZONARICH LLC John R.Zonarich,Esq. John B.Zonarich,Esq. , Brian W. Mains,Esq. ' Skarlatos&Zonarich Building r 17 South Second Street,6`h Floor IM AUG 23 Nil , f Harrisburg,Pennsylvania 17101 �}r- (717)233-1000(phone) C�1tPENNSYLVANIA 2E R AND CoUpjT (717)233-6740(facsimile) Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LEIGHANN and SHANE MOLL, husband & wife, Case No. 11-7701 Plaintiffs, Civil Action - Law vs. BRIAN GIBSON, Individually and BRIAN GIBSON t/d/b/a CHICK-FIL-A AT MECHANICSBURG, CHICK-FIL-A, INC., and CHICK-FIL-A, INC. t/d/b/a CHICK-FIL-A AT MECHANICSBURG, Defendants. PRAECIPE TO DISCONTINUE Pursuant to Pa.R.C.P. No. 229, Pa.R.C.P. No. 2039 and the Order of the Court dated July 18, 2013 (docketed to the consolidated case, docket no. 11-6037) please mark the above referenced case discontinued with prejudice, as to all defendants. Respe tfully su itted, Ska a sZo rich LLC Dated: August 22, 2013 By: John ch, Esquire Identi c tion No. 9632 John B. onarich, squire Identification No. 79989 Skarlatos &Zonarich Building 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101-2039 717.233.1000 (Telephone) Attorneys for Plaintiffs - 1 - CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing PRAECIPE TO DISCONTINUE upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gerard Smith, Esquire Naulty, Scaricamazza& McDevitt, LLC 1617 John F. Kennedy Blvd One Penn Center, Suite 750 Philadelphia, PA 19103 Date: August 22, 2013 A"eA'v� berry L. DI n Legal Assist