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HomeMy WebLinkAbout12-1341CLEARFIELD, KOFSKY & PENNEYS By: Jeffrey H. Penneys, Esquire Identification No.: 76243 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (215) 563-6333 NANCYYVETTE STEWART & DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 V. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 COMPLAINT IN CIVIL ACTION NOTICE TO DEFEND m rn r7i cn r rv c1 C- 3r C, ss s , 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 an 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 sc 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 lcse 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL, HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 4103.'75 PD A77y ? yt 164Q,59 Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. /a- 130 eivaTenr -t- GENERAL AVERMENTS 1. Plaintiffs, Nancyyvette Stewart and Donald Stewart, are adult individuals and husband and wife, who reside at the above-captioned address. 2. Defendant, Classic Dry Cleaners (hereinafter referred to as "Cleaners"), is a business entity licensed and authorized to conduct and transact business within the Commonwealth of Pennsylvania, with an office for service at the above-captioned address. 3. Defendant, Pale, Inc. (hereinafter referred to as "Pale"), is a corporation licensed and authorized to conduct and transact business within the Commonwealth of Pennsylvania, with an office for service at the above-captioned address. 4. At all times material hereto, Defendants acted or failed to act by and through their agents, servants, workmen and/or employees, who were then and there acting within the scope of their authority and course of their employment with Defendants, in furtherance of Defendants' businesses and on behalf of Defendants. At all times material hereto, Defendants had under their care and direction, the supervision, ownership and control of the premises located at 665 Market Street, Lemoyne, Pennsylvania. On or about October 25, 2011, and for some time prior thereto, Defendants, acting by and through their agents, servants, workmen and/or employees, acting as aforesaid, carelessly and negligently allowed a dangerous and defective condition, to wit: allowing a defective step stool to be utilized by customers, who had to use same in order to reach the washing machine soap dispenser. This accident happened in part due to the Defendants inexplicably placing the washing machines on a platform, thus raising them on an unreasonably high level such that it necessitated the used of the aforementioned step stool that was provided by the :Defendants. -2- 8. Defendants were responsible for the proper maintenance of the aforesaid premises and to keep said premises safe for business invitees, such as plaintiff, Nancyyvette Stewart. 9. On or about October 25, 2011, while a business invitee of Defendants, Plaintiff, Nancyyvette Stewart, did fall to the ground by reason of coming in contact with the aforementioned dangerous and defective condition at the aforesaid location, causing Plaintiff the injuries that form the basis for this action. 10. The aforesaid accident was due solely to the negligence and carelessness of the Defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiffs. COUNTI PLAINTIFF. NANCYYVETTE STEWART v DEFENDANTS THIRD PARTY LIABILITY 11. Plaintiff, Nancyyvette Stewart, incorporates by reference hereto, all of the allegations contained in the General Averments, as if they were set forth at length herein. 12. The negligence and carelessness of the Defendants, acting as aforesaid, consisted of the following: (a) allowing and causing a dangerous and defective condition to exist of the aforementioned premises which they knew or should have known by the exercise of reasonable care; (b) said dangerous condition created a reasonably foreseeable risk of the kind of injuries which Plaintiff sustained; (c) failing to correct said dangerous condition of which Defendants knew or should have known and which constituted a danger to persons lawfully utilizing thereon; -3- (d) failing to warn persons of the existence of said dangerous condition of which Defendants knew or should have known; (e) permitting a highly dangerous condition to exist for an unreasonable time; (f) failing to perform duties which they had assumed; (g) failing to properly manage the property; (h) placing washing machines on a platform that made them difficult to reach without using a step stool; (i) failing to provide a safe step stool for invitees to use; (j) allowing the aforesaid step stool to fall into a state of disrepair; (k) permitting the non-skid material on the feet of the step stool to fall off; 0) failing to inspect said step stool for proper slip resistant feet; (m) disregarding the rights and safety of the Plaintiff; (n) failing to exercise due care under the circumstances; (o) negligence per se; (p) in being otherwise careless, reckless and negligent, the particulars of which are presently unknown to Plaintiff, but which may be learned by discovery procedures provided by the Pennsylvania Rules of Civil Procedure, or which may be learned at the trial of this case. 13. As a result of this accident, Plaintiff, Nancyyvette Stewart, has suffered injuries which are or may be serious and permanent in nature, including, but not limited to: bilateral wrist fractures necessitating surgical procedures and resulting in permanent scarring and skin discoloration, multiple contusions and abrasions, as well as other injuries as may be diagnosed by Plaintiffs health care providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain and suffering. -4- • 14. As a further result of this accident, Plaintiff, Nancyyvette Stewart, has been or will be required to receive and undergo medical attention and care and to expend various sums of money and to incur various expenses, and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future. 15. As a further result of this accident, Plaintiff, Nancyyvette Stewart, has suffered medically determinable physical and/or mental impairment, which that prevents the Plaintiff from performing all or substantially all of the material acts and duties that constituted the plaintiffs usual and customary activities prior to the accident. 16. As a further result of this accident, Plaintiff, Nancyyvette Stewart, has or may hereafter suffer a severe loss of earnings and impairment of earning power and capacity. 17. As a direct and reasonable result of the accident aforementioned, Plaintiff, Nancyyvette Stewart, has or may hereafter incur other financial expenses, which do or may exceed amounts which minor plaintiff may otherwise be entitled to recover. 18. As a further result of the accident aforementioned, Plaintiff, Nancyyvette Stewart, has suffered severe physical pain, mental anguish and humiliation, and may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, Nancyyvette Stewart, demands judgment against the Defendants, jointly and/or severally, for damages, in an amount in excess of the arbitration limits, plus interest and costs. COUNT II PLAINTIFF DONALD STEWART v. DEFENDANTS LOSS OF CONSORTIUM 19. Plaintiff, Donald Stewart, incorporates by reference hereto, all of the allegations contained in the General Averments and Count I, as if they were set forth at length herein. 20. Solely as a result of the aforesaid negligence and the carelessness of the Defendant, Plaintiff, Donald Stewart, as spouse of Nancyyvette Stewart, has been deprived of the society, -5- companionship, aid, assistance, earnings, and earning power and consortium of said spouse, all of which has caused, and may in the future, continue to cause great emotional and financial loss and damage. 21. As a further result of this accident, Plaintiff, Donald Stewart, has or may hereafter suffer a severe loss of earnings and impairment of earning power and capacity WHEREFORE, Plaintiff, Donald Stewart, demands judgment against the Defendants, jointly and/or severally, for damages, i and costs. BY: us interest -6- VERIFICATION 14 11 Ue- HC SkLUC/r hereby verify that I am the //I and A ;nI;E in the attached 0,0 m /C.- that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of the 18 PA C.S. §4904, relating to unsworn falsification to authorities. NAME (2/vAre ift P A??L?,m ADDRESS DATE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson f ;LEA,-0;= (~ It Sheriff`E''! Jody S Smith Chief Deputy 21312 MA 6 AM: 4 5 Richard W Stewart CUMBERLAND COUN / Solicitor PENNSYLVANIA Nancyyvette Stewart Case Number vs. Classic Dry Cleaners (et al.) 2012-1341 SHERIFF'S RETURN OF SERVICE 03/08/2012 12:39 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 8, 2012 at 1239 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Classic Dry Cleaners, by making known unto Shelly Turney, Supervisor for Classic Dry Cleaners at 665 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same LI M CLINE, DEPUTY 03/08/2012 12:59 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 8, 2012 at 1259 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Pale, Inc., by making known unto Lorie Kitzmiller, Controller for Pale, Inc. at 18 Market Street, Rear, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY SHERIFF COST: $76.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, vs. CIVIL DIVISION t 134 CASE N - rn? -? ? -c? cn ? ? Type of Pleading: PRAECIPE FOR ENTRY Of APPEARANCE co t CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. Filed on behalf of Defendants: Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w 75 Hummel Avenue CASE NO. 12-1341 Lemoyne, PA 17043 Plaintiff, vs. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Would you kindly enter my appearance on behalf of Defendants, Classic Dry Cleaners and Pale, Inc., in the above-referenced case. O'BRIEN, RULIS & BOCHICCHIO, LLC Step'?&n M. Elek, Esquire Counsel for Defendant, Classic Dry Cleaners CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within PRAECIPE FOR ENTRY OF APPEARANCE was mailed by United States Mail on this -day of March, 2012 to the following: Jeffrey H. Penneys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (Counsel for Plaintiffi O'BRIEN, RULIS & BOCHICCHIO, LLC Steph M. Elek, Esquire Counsel for Defendants, Classic Dry Cleaners and Pale, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , r NANCYYVETTE STEWART & CIVIL DIVISION ? hJ ?k DONALD STEWART, h/w 1a, 3? u,r , z 75 Hummel Avenue CASE NO. 2fH - Lemoyne, PA 17043 =- m Type of Pleading: Q Plaintiff, NOTICE OF SERVICE OF vs. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. DISCOVERY DIRECTED TO PLAINTIFFS Filed on behalf of Defendants: Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w 75 Hummel Avenue CASE NO. 12-1341 Lemoyne, PA 17043 Plaintiff, VS. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. NOTICE OF SERVICE I hereby certify that Interrogatories and Request for Production of Documents Directed to Plaintiffs were served upon counsel for Plaintiffs, NancyYvette Stewart and Donald Stewart, via first class mail, postage prepaid on the of April, 2012 as follows. Jeffrey H. Penneys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (Counsel for Plaintiffs) O'BRIEN, RULIS & BOCHICCHIO, LLC Step n M. Elek, Esquire C nsel for Defendants, lassic Dry Cleaners and Pale, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION 1:?? "I '' h/w DONALD STEWART i 2-1 , 75 Hummel Avenue CASE NO.2 +?O r- " Lemoyne, PA 17043 Type of Pleading: _ Plaintiffs, - ~- ANSWER AND NEW MATTER VS. Filed on behalf of Defendants: CLASSIC DRY CLEANERS Classic Dry Cleaners and 665 Market Street Pale, Inc. Lemoyne, PA 17043 and PALE, INC. Counsel of record for this Party: 18 Market Street, Rear Lemoyne, PA 17043 Stephen M. Elek, Esquire PA I.D. # 47205 Defendants. O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 CIVIL DIVISION CASE NO. 12-1341 Plaintiff, vs. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. NOTICE TO PLEAD TO: NancyYvette Stewart and Donald Stewart c/o Jeffrey H. Penneys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 You are hereby notified to file a written response to this Answer and New Matter within twenty (20) days of service hereof or a judgment may be entered against you. JURY TRIAL DEMANDED O'BRIEN, RULIS & BOCHICCHIO, LLC 4-1 Stephe . Elek, Esquire Co el for Defendants, Classic Dry Cleaners and Pale, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w 75 Hummel Avenue CASE NO. 12-1341 Lemoyne, PA 17043 Plaintiff, VS. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. ANSWER AND NEW MATTER AND NOW come Defendants, Classic Dry Cleaners and Pale, Inc., by and through their counsel, O'Brien, Rulis & Bochicchio, LLC and Stephen M. Elek, Esquire, and file the following ANSWER AND NEW MATTER to Plaintiffs' Complaint, in support whereof, it is averred as follows: 1. After reasonable investigation, the Defendants are presently without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in Paragraph 1 of Plaintiffs' Complaint. The same are therefore denied and strict proof thereof is demanded at time of trial. By way of further response to said Paragraph, in Paragraph 17 of the Complaint, Plaintiff, NancyYvette Stewart, is identified as a minor. 2. Paragraph 2 of Plaintiffs' Complaint is denied as stated. It is specifically denied that there is a specific business entity doing business in the Commonwealth known as Classic Dry Cleaners. To the contrary, there was an entity known as Classic Dry Cleaners and Laundromat at one time, however, said entity was dissolved according to the records from the Department of State, on May 14, 1996. 3. Paragraph 3 of Plaintiffs' Complaint is admitted in part and denied in part. It is admitted that Defendant, Pale, Inc. is a corporation licensed and authorized to conduct business in the Commonwealth of Pennsylvania. It is specifically denied that the address of said corporation is as captioned. To the contrary, the actual address of the corporation is 418 Market Street, Rear, Lemoyne, PA, not 18 Market Street. 4. Paragraph 4 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 5. Paragraph 5 of Plaintiffs' Complaint is admitted as concerns Defendant, Pale, Inc. Said Paragraph is specifically denied as concerns the other named Defendant. By way of further response to said Paragraph, Defendants incorporate their response to Paragraph 2 of Plaintiffs' Complaint by reference as though more fully set forth at length. 6. Paragraph 6 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 7. Paragraph 7 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 8. Paragraph 8 of Plaintiffs' Complaint contains conclusions of law to which no response is necessary. To the extent a response is subsequently deemed necessary, said Paragraph is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 9. Paragraph 9 of Plaintiffs' Complaint contains conclusions of law to which no response is necessary. To the extent a response is subsequently deemed necessary, said Paragraph is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 10. Paragraph 10 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 11. By way of response to Paragraph 11 of Plaintiffs' Complaint, Defendants incorporate their responses to Paragraphs 1 through 10 by reference hereto as though more fully set forth at length. 12. Paragraph 12 of Plaintiffs' Complaint, including its respective subparagraphs, is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. By way of further response to said Paragraph, subparagraphs (0, (n), (o) and (p) have been withdrawn by Stipulation of Counsel, a copy of which is attached hereto and marked as Exhibit "A". 13. Paragraph 13 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 14. Paragraph 14 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 15. Paragraph 15 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 16. Paragraph 16 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 17. Paragraph 17 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. By way of further response to Paragraph 17 of Plaintiffs' Complaint, Defendants specifically deny that Plaintiff was a minor as alleged in Paragraph 17. To the contrary, to Defendants' knowledge and belief, and as further identified in Paragraph 1 of Plaintiffs' Complaint, Plaintiff at all times was an adult. 18. Paragraph 18 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 19. In response to Paragraph 19 of Plaintiffs' Complaint, Defendants' Paragraphs 1 through 18 are incorporated herein by reference as though more fully set forth at length. 20. Paragraph 20 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. 21. Paragraph 21 of Plaintiffs' Complaint is generally denied pursuant to Pennsylvania Rule of Civil Procedure No. 1029. WHEREFORE, Defendants, Classic Dry Cleaners and Pale, Inc., deny that they are indebted to the Plaintiffs in the sums demanded or in any sum whatsoever. NEW MATTER By way of further defense, Defendants, aver: 22. Defendant, Classic Dry Cleaners and Laundromats, was a business entity that was dissolved as of May 14, 1996. See copy of print-out from the Pennsylvania Department of State website, attached hereto and marked as Exhibit "B". 23. Defendants aver and therefore preserve the defense of comparative negligence. 24. Defendants aver and therefore preserve the defense of assumption of a known risk. 25. If Plaintiff had difficulty at Defendants' Laundromat or did not want to use the step stool that was available, as identified on a sign posted on the wall, Plaintiff was to contact attendant who was present and on duty at all times material. 26. The step stool used by the Plaintiff at all times material was relatively new and was not in a state of disrepair. 27. To the extent Plaintiff is alleging that the Defendants were negligent because the washing machine in question was on a podium, said construction and installation of the washing machine was necessitated by its capacity and drainage requirements. 28. Prior to plaintiff's injury and since, Defendants received no complaints, concerns or questions about the step stool used at their Laundromat. 29. Defendants believe and therefore aver that some if not all of Plaintiff's injuries and damages were caused by wearing improper footwear for surfaces that she would be encountering. 30. The nature and extent of Plaintiff's injuries or damages are or may be as a result of conditions for which these Defendants cannot be held responsible. 31. The claims of husband-Plaintiff, Donald Stewart, are derivative in nature and the affirmative defenses are asserted as to the claims of the wife-Plaintiff, NancyYvette Stewart, apply to his cause of action with the same weight and force. The same are therefore incorporated herein by reference and asserted against the claims of the husband by reference hereto as though more fully set forth at length. WHEREFORE, Defendants, Classic Dry Cleaners and Pale, Inc., deny that they are indebted to the Plaintiffs in the sums demanded or in any sum whatsoever. O'BRIEN, RULIS & BOCHICCHIO, LLC Steph . Elek, Esquire Co sel for Defendants, Classic Dry Cleaners and Pale, Inc. VERIFICATION I hereby certify that I am Counsel for the Defendant, Classic Dry Cleaners, and further that the foregoing averments of fact in the foregoing ANSWER AND NEW MATTER are true and correct and based upon my personal knowledge, information or belief. This verification is being furnished because the Defendant's verification cannot be obtained within the appropriate time for filing this Pleading. I understand that these averments of fact are made subject to the penalties of 18 Purdons Consolidated Statutes §4904, relating to unsworn falsification to authorities. Step he . Elek, Esquire Cou el for Defendants, Classic Dry Cleaners and Pale, Inc. Date: 41< /,-b/,-- VERIFICATION I hereby certify that I am Counsel for the Defendant, Pale, Inc., and further that the foregoing averments of fact in the foregoing ANSWER AND NEW MATTER are true and correct and based upon my personal knowledge, information or belief. This verification is being furnished because the Defendant's verification cannot be obtained within the appropriate time for filing this Pleading. I understand that these averments of fact are made subject to the penalties of 18 Purdons Consolidated Statutes §4904, relating to unsworn falsification to authorities. Steph M. Elek, Esquire Cou sel for Defendants, Classic Dry Cleaners and Pale, Inc. Date: (?? L-)o IZ IN THE COURT OF NANCYYVETTE STEWAF DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, vs. CLASSIC DRY CLEANER. 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. ;T' & PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GA1?Il: 2-011-23990 Type of Pleading: STIPULATION OF COUNSEL Filed on behalf of Defendants: Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 1.20 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF NANCYYVETTE STEWAF DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, vs. CLASSIC DRY CLEA 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. AND NOW, by from Plaintiffss Complaint. PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T & CIVIL DIVISION CASE NO. 12-1341 STIPULATION OF COUNSEL of Counsel, Subparagraphs 12(f), (n), (i & PENNEYS Jeffrey If Penneys, O'BRIEN, R & BOCHICCHIO, LLC StephXM/Elek, Esquire Co sel for Defendants. Classic Dry Cleaners and Pale, Inc. US'-eSS N a. age ol2 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 3/29/2012 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type CLASSIC DRY CLEANERS & Current Name LAUNDROMATS Fictitious Names - Domestic - Information Entity Number: 1602152 Status: Withdrawn Entity Creation Date: 9/6/1990 Dissolve Date: 5/14/19962"' Principal Place of Business: WEST SHORE PLAZA LEMOYNE PA 17043-0 Mailing Address: No Address Owner Information Owner(s) for: CLASSIC DRY CLEANERS & LAUNDROMATS Owners Name: PAUL L KOSTICK Mailing Address: [Address Not Available] PA F-DrrB Copyright @ 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/core/soskb/Corp.asp?918139????, 25 3/29/2012 ??.usiness Page 2 of-'? https://www.corporations.state.pa.us/corp/soskb/Corp.asp?918139 3/29/2012 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within ANSWER was mailed by United States Mail on this ? day of A0 , 2012 to the following: Jeffrey H. Penneys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (Counsel for Plaintiffs) O'BRIEN, RULIS & BOCHICCHIO, LLC Stephe lek, Esquire Co el for Defendants, Classic Dry Cleaners and Pale, Inc. r IN THE COURT OF NANCYYVETTE STEWAP DONALD STEWART, hlw 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, vs. CLASSIC DRY CLEA 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T & CIVIL DIVISION r , /a-yl N CASE NO.20 , 23990 rr Type of Pleading:= STIPULATION OF COUN : sa_ ct. Filed on behalf of Defendants: : Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCMO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED a IN THE COURT OF COMMOI NANCYYVETTE STEW ART & DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, vs. CLASSIC DRY CLE-! 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. AND NOW, by Stipu from Plaintiffss Complaint. PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CASE NO. 12-1341 STIPULATION OF COUNSEL ation of Counsel, Subparagraphs 12(f), (n), (o), ) are stricken & PENNEYS Jeffrey fy. Penneys, Coun for Plaintil O'BRIEN, wire & BOCHICCHIO, LLC StephX MY Elek, Esquire Co sel for Defendants, Classic Dry Cleaners and Pale, Inc. l ! 1 l L CLEARFIELD, KOFSKY & PENNEYS BY: Jeffrey H. Penneys, Esquire Att orney for Plaintiffs Identification Number: 76243 12 P ` 7,1617 John F. Kennedy Boulevard, Suite ; 5 RL gj D C 0 U N T ? Philadelphia, PA 19103 IF E N NS Y LVA N 1 A 215-563-6333 NANCYYVETTE STEWART and DONALD STEWART V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1341 CIVIL CLASSIC DRY CLEANERS and PALE, INC. PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS Plaintiffs by and through their attorneys, Clearfield, Kofsky & Penneys, hereby responds to Defendants' New Matter as follows: 22-31. Denied. Denied as a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff requests this Honorable Court to deny Defendant's New Matter, and enter judgment in their favor and against the Defendants. CLEARFIELD, KOFSKY & BY: JEFFREY H. PE EYS/ ESQUIRE Attorney for P mtiffs i VERIFICATION I, Jeffrey H. Penneys, Esquire, hereby verify that I am the attorney for Plaintiffs in the attached ANSWER TO NEW MATTER, and that the facts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authoritii CLEARFIELD, KOFSKY & PENNEYS BY: Jeffrey H. Penneys, Esquire Identification Number: 76243 1617 John F. Kennedy Boulevard, Suite 355 Philadelphia, PA 19103 215-563-6333 NANCYYVETTE STEWART and DONALD STEWART V. CLASSIC DRY CLEANERS and PALE, INC. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1341 CIVIL CERTIFICATE OF SERVICE I, Jeffrey H. Penneys, Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was furnished to all parties via regular US mail. CLEARFIELD, KOFSKY & PFK EYS s' By: J]?F , FREY H. PE YS, ESQUIRE L..}+-., CLEARFIELD, KOFSKY & PENNEYS C N 6J BY: Jeffrey H. Penneys, Esquire 1f1€ 7 " tt tt( f, laintiffs Identification Number: 76243 ' ; °IBE I ? D COUNT)' 1617 John F. Kennedy Boulevard, Suite 355 rt Rt A Y l'/, I,h Philadelphia, PA 19103 215-563-6333 NANCYYVETTE STEWART and COURT OF COMMON PLEAS DONALD STEWART CUMBERLAND COUNTY v. NO. 12-1341 CIVIL CLASSIC DRY CLEANERS and PALE, INC. NOTICE OF SERVICE I hereby certify that Interrogatories and Request for Production of Documents Directed to Defendants were served upon counsel for Defendants, Classic Dry Cleaners and Pale, Inc., via first class mail, postage prepaid on the 2nd day of April, 2012 as follows. Stephen M. Elek, Esquire O'Brien, Rulis & Bochicchio, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 CLEARFIELD, KOFSKY AND By: JEFFREY Attorney f 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV'AIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w ,11 /a -,t3 = co +... 75 Hummel Avenue CASE NO. 44s Lemoyne, PA 17043 Type of Pleading: Plaintiffs, -, , PRAECIPE TO SUBSTITUTE VERIFICATIONS TO vs. ANSWER AND NEW MATTER CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. : Filed on behalf of Defendants: Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w 75 Hummel Avenue CASE NO. 12-1341 Lemoyne, PA 17043 Plaintiff, VS. CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. PRAECIPE TO SUBSTITUTE VERIFICATIONS TO ANSWER AND NEW MATTER TO THE PROTHONOTARY: Would you kindly substitute the Defendants' Verifications to its Answer and New Matter on behalf of Defendants, Classic Dry Cleaners and Pale, Inc., in the above-referenced case. O'BRIEN, RULIS & BOCHICCHIO, LLC Step n M. Elek, Esquire Counsel for Defendants, Classic Dry Cleaners and Pale, Inc. VERIFICATION 1, & k?tUt , on behalf of Defendant Classic Dry Cleaners, hereby certify that the foregoing averments of fact in the foregoing ANSWER AND NEW MATTER are true and correct and based upon my personal knowledge, information or belief. I understand that these averments of fact are made subject to the penalties of 18 Purdons Consolidated Statutes §4904, relating to unsworn falsification to authorities. By: Title: Date: 6?q / it 2-012- VERIFICATION Lst7 ? _, on behalf of Defendant Pale, Inc., hereby certify that the I, 6L foregoing averments of fact in the foregoing ANSWER AND NEW MATTER are true and correct and based upon my personal knowledge, information or belief. I understand that these averments of fact are made subject to the penalties of 18 Purdons Consolidated Statutes §4904, relating to unsworn falsification to authorities. By: ?,7a Title: Date: old o' O / z CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the within PRAECIPE TO SUBSTITUTE VERIFICATIONS TO ANSWER AND NEW MATTER was mailed by United States Mail on this 'day of , 2012 to the following: Jeffrey H. Penneys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (Counsel for Plaintiffs) O'BRIEN, RULIS & BOCHICCHIO, LLC Ste en M. Elek, Esquire Counsel for Defendants, Classic Dry Cleaners and Pale, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & : DONALD STEWART, h/w 75 Hummel Avenue Lemoyne, PA 17043 Plaintiff, VS. CIVIL DIVISION ,a - l3yl CASE NO. 2014 2399 Type of Pleading: rte' . NOTICE OF SERVICE OF ca :, DEFENDANTS' RESPONSr', TO PLAINTIFFS' - ' --- DISCOVERY T CLASSIC DRY CLEANERS 665 Market Street Lemoyne, PA 17043 and PALE, INC.. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. Filed on behalf of Defendants: Classic Dry Cleaners and Pale, Inc. Counsel of record for this Party: Stephen M. Elek, Esquire PA I.D. # 47205 O'BRIEN, RULIS & BOCHICCHIO, LLC 555 Grant Street, Suite 120 Pittsburgh, PA 15219 : (412) 566-1717 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCYYVETTE STEWART & CIVIL DIVISION DONALD STEWART, h/w 75 Hummel Avenue CASE NO. 12-1341 Lemoyne, PA 17043 Plaintiff, VS. CLASSIC DRY CLEANERS 665 Market Street Lemo ne. PA 17043 and PALE, INC. 18 Market Street, Rear Lemoyne, PA 17043 Defendants. NOTICE OF SERVICE I hereby certify that Defendants' Answers to Plaintiffs' Interrogatories and Responses to Request for Production of Documents were served upon counsel for Plaintiffs, NancyYvette Stewart and Donald Stewart, via first class mail, postage prepaid on thej IA of May, 2012 as follows. Jeffrey H. Pem.eys, Esquire Clearfield, Kofsky & Penneys 1617 JFK Boulevard, Suite 355 Philadelphia, PA 19103 (Counsel for Plaintiffs) O'BRIEN, RULIS & BOCHICCHIO, LLC Step n M. Elek, Esquire C nsel for Defendants, Classic Dry Cleaners and Pale, Inc. LAW OFFICES OF JEFFEY H. PENNEYS, P.C. BY: Jeffiey H. Penneys, Esquire Identification Number: 76243 230 S. Broad Street, Suite #304 Philadelphia, PA 19102 215-987-3550 NANCYYVETTE STEWART and DONALD STEWART v. CLASSIC DRY CLEANERS and PALE, INC. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-1341 CIVIL ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter SETTLED, DISCO ENDED upon payment of your costs only. LAW OFFICES OF JEFF' ' - . PENNEYS, P.C. BY: ED and JEF A REY H. rney for; NNEYS, ESQUIRE laintiffs -o ►.v r • CD C:1 cp --c