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HomeMy WebLinkAbout12-36949 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ?,-iOrdOTA j 13 NO. qq 0,01, 1 LAND CIVIL ACTION -LAW -'PENNSYLVANIA COUNT'1' JOSHUA LUCAS 39 West Broadway Etters, PA 17319 Plaintiff(s)& Address(es) WALMART #550 6520 Carlisle Pike Mechanicsburg, PA 17050 -or- 702 SW 8`" Street Mail Stop #0215 Bentonville, Arkansas 72716-8611 Defendant(s) Address(es) JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons against the Defendant, Walmart. The Writ of Summons should be issued and forwarded to the Cumberland County Sheriff for service upon Walmart, Store #550, 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Writ should be served upon the agent or to the person for the time being in charge thereof. METZGER'gJICKERSHAM, KNAUSS & ERB, P.C. By Andrea M. Cohick, s4uire I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: I 2012 Attorneys for Plaintiff a a 0?.k *Ata ?Spa 497396-1 k ?0(0 I 04L;rLo U30 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JOSHUA LUCAS Plaintiff vs. WALMART Defendant TO: Walmart #550 6520 Carlisle Pike Mechanicsburg, PA -and- 702 SW 8t' Street Mail Stop #0215 Bentonville, Arkansas Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND /COUNTY, PENNSYLVANIA NO. 1-?jCD l l.lUl? CIVIL ACTION - LAW JURY TRIAL DEMANDED WRIT OF SUMMONS 17050 72716-8611 You are hereby notified that Plaintiff, Joshua Lucas, has commenced an action against you. Date: ?A )V '2012 2? Prothonotary ?c7ro , ?W 497396-1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4??"tr at a+nbnp t - Jody S Smith Chief Deputy Lr? y Richard W Stewart 25 M 6L: I i„ Solicitor gar LN t"E ?"ERI`F I f Stec^Mq, E..1cLAIalt L,, rL- UsI I Joshua Lucas Case Number vs. 2012-3694 Walmart SHERIFF'S RETURN OF SERVICE 06/15/2012 01:06 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 15, 2012 at 1306 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Walmart, by making known unto Ron Fichen, Floor Manager for Walmart at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. / NOAH CLINE, DEPUTY SHERIFF COST: $38.45 June 18, 2012 SO ANSWERS, ,f RON R ANDERSON, SHERIFF Ic CounfySuite Shenff. Teiecsoft. Inc. METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 pled - A-cue 0 F , P rtla 7 AltY 'Cr12 JU1?! 25 AM I I ` o I NJMBERLAND COUNTY Attorneys for Plaintiff JOSHUA LUCAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 12-3694 Civil vs. CIVIL ACTION - LAW WALMART Defendant JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Andrea M. Cohick, Esquire, counsel for Plaintiff, Joshua Lucas, in the above captioned action, hereby certify that a true and correct copy of the Praecipe for Writ of Summons and Writ of Summons was served upon Defendant, Walmart, via certified, return receipt restricted mail on June 18, 2012. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a copy of the return receipt cards indicating service upon: Walmart 702 SW 8' Street Bentonville, Arkansas Date: 2012 72716-8611 METZGER, ICKERSHAM, KNAUSS & ERB, P.C. By G? Andrea M. Cohick, Esquire I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 498848-1 w 00MIllbb XWW t 2. and 8. A,bC oontplete NMn 4 N Aesb an! Uldvary b dMkod. fa ft4 YOW nuts and add1ss on the reverse as #0 vrs can ream the catd tD YOU. fs Aftd 06 card to the back of the oleos, at an the fttt N spwo poll, ?. to- ?X eC U P? A MN-I.t- -? eZ SW 0 Apart C. Dow of C wowy D. Is ddWwy atJtftw? dffJirwi flan ben 14 - ? Yes If YE% oft d*my address HMow: ? No JUN 1 8 2012 0MwndW 0coo. 4.R rsh[0M t Wltwryq 0 t. ft4 rlt 7010 2780 0000 7599 9987 Ps P OM 1, Fd n "IM (kirrresrs PIMsmn A- .. , ru M r3 O C- tr tr u7 Postage $ M1 Certified Fee IJ j;.' C3 M Return Receipt Fee (E d Postmark n orsement Required) Here Restricted Delivery Fee K _ O (Endorsement Required) AIJ?A C_ r'- Total Postage & Fees $ W ?•?K ------ ----------°-------- at, Apt. No.;"? 1 or PO Box No. (UZ S (N aA S------ P+? 4V ---- - ---- ---- ----------------------------- FILED-OFFICE P,c. '[HE PROTHONOTARY 82.643 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnellAmcda-law.com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkamin64mcda-law.com Metropolitan Business Center 860 1st Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 2012JUN21 AMII:08 CURLA,ND COUNTY PENNSYLVANIA JOSHUA LUCAS Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. WALMART Defendant. 12-3694 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendant, Walmart, in the above-captioned matter. Dated: June 22, 2012 McDONNELL & ASSOCIATES, P.C. B Patric . Mc nnell, Esquire Marc R. in, Esquire 82.643 MCDONNELL & ASSOCIATES, P.C. c" By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnellAmcda-law.com i By: Marc R. Kamin, Esquire - > _J off' Attorney I.D. No.: 307464 -?C2 mkamin(&mcda-law.com Metropolitan Business Center 860 1" Avenue, Suite 5B :) ° King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 JOSHUA LUCAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. WALMART Defendant. 12-3694 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Walmart, by and through its undersigned counsel, hereby demands a trial by jury in the above-captioned matter. McDONNELL & ASSOCIATES, P.C. Dated: June 22, 2012 By: Pa ric onnell, Esquire Marc R. in, Esquire 82.643 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnell(i,mcda-law.com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkarnin@mcda-law.com Metropolitan Business Center 860 1" Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 JOSHUA LUCAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. WALMART CERTIFICATE OF SERVICE I, Marc R. Kamin, Esquire hereby certify that a true and correct copy of the Entry of Appearance and Demand for Jury Trial on behalf of the Defendant was filed with the Court and served via facsimile on the following: Andrea M. Cohick, Esquire Metzger, Wickersham, P.C. 3211 North Front Street Harrisburg, PA 17110 Facsimile: (717) 234-9478 Attorneys for Plaintiff McDO L SnASSOCIATES, P.C. Dated: June 22, 2012 ` Marc . Kami squire 12-3694 Defendant. 82.643 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnellkmcda-law. com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkamingMcda-law.com Metropolitan Business Center 860 1St Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 JUN 2 7 C11 an fr: 08 NSirr ?'t VA e#I Y JOSHUA LUCAS VS. WALMART Plaintiff Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 12-3694 PRAECIPE FOR RULE TO FILE COMPLAINT Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days hereof or suffer the entry of a Judgment of Non Pros. Dated: June 22, 2012 McDONNELL & ASSOCIATES, P.C. RULE TO FILE COMPLAINT AND NOW, this day of ?L) V112., , 2012, 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. Prothonotary `?? 82.643 WDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnellkmcda-law.com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkamin&mcda-law.com Metropolitan Business Center 860 1" Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 JOSHUA LUCAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. WALMART 12-3694 Defendant. CERTIFICATE OF SERVICE I, Marc R. Kamin, Esquire, hereby certify that a true and correct copy of the Praecipe for Rule to File Complaint on behalf of the Defendant was filed with the Court and served via facsimile on the following: Andrea M. Cohick, Esquire Metzger, Wickersham, P.C. 3211 North Front Street Harrisburg, PA 17110 Facsimile: (717) 234-9478 Attorneys for Plaintiff McDONNELL & ASSOCIATES, P.C. Dated: June 22, 2012 _ M c R in Esquire FILED-OfFICE METZGER, WICKERSHAWITRIE PROTHONOTARY By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 2012 JUL 16 4 3 3211 North Front Street CUMBERLAND COUNTY P.O. Box 5300 PENNSYLVANIA Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff JOSHUA LUCAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN Plaintiff NO. 12-3694 Civil vs. CIVIL ACTION - LAW WALMART Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant, Walmart c/o Marc Kamin, Esquire Law Offices of McDonnell & Associates Metropolitan Business Center 860 1" Avenue, Suite 5B King of Prussia, PA 19406 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.,. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE, TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 498915-1 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 498915-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pdginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 498915-1 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff JOSHUA LUCAS, Plaintiff vs. WALMART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENINSYLVAN NO. 12-3694 Civil CIVIL .ACTION - LAW JURY TRIAL DEMANDED COMPLAINT' AND NOW, comes the Plaintiff, Joshua Lucas, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C. and respectfully represents as follows: 1. Plaintiff, Joshua Lucas, is an adult individual residing at 39 West Broadway, Etters, York County, Pennsylvania, 17319. 2. Defendant, Walmart, is a corporation organized and operating under the laws of the State of Arkansas, with a principal place of business located at 702 SW 8" Street, Bentonville, Arkansas, 72716-8611. 3. At all times material hereto, Defendant owned, occupied, possessed, maintained, controlled and operated a department store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050 (hereinafter "Premises") 4. On July 22, 2010, at approximately 10:50 p.m., an employee of Walmart was pulling a pallet loaded with boxes through the pet supply aisle at the Premises. 5. At that same time and place, Plaintiff, Joshua Lucas, was shopping on the Premises and was kneeling down in the aisle of the pet supplies. 498915-1 6. At the aforesaid time and place, a number of heavy boxes fell from the pallet being pulled by Defendant's employee, onto Plaintiff's head, neck and back causing injuries to Plaintiff as hereinafter set forth. 7. At the aforesaid time and place, Plaintiff, Joshua Lucas, was a business invitee of Defendant, Walmart. 8. Defendant, Walmart, is vicariously liable for the acts and/or omissions of its agents, servants, workmen, and/or employees as though it performed the acts and/or omissions itself and is subject to the doctrine of respondeat superior. 9. Defendant, Walmart, had a duty to maintain and keep the aisles in a safe condition and to keep objects from falling and hitting business invitees. 10. The precariously and/or negligently stacked boxes on the pallet presented a dangerous condition known to Walmart or which could have and should have been reasonably foreseeable to Walmart. 11. Plaintiff, Joshua Lucas, was owed the highest duty of care by Walmart to make sure that the store was maintained in a safe condition for the benefit of business invitees. 12. Defendant, Walmart, individually and/or by its agents, servants, workmen and/or employees, acting within the scope of their authority, breached its legal duty to the public and to Plaintiff, Joshua Lucas, and was negligent in the following particulars: (a) Failing to take the necessary protective and precautionary measures to ensure that Walmart's customers, including Plaintiff, Joshua Lucas, were safe in its store and were not struck by objects falling from pallets; 498915-1 (b) Failing to properly inspect the pallets to make sure they were not overloaded and/or improperly loaded causing the objects on them to tilt or collapse; (c) Failing to properly warn Walmart's customers of the dangerous conditions associated with the transporting of boxes on pallets including but not limited to the failure to have in place appropriate warning signs; (d) Failing to have the necessary personnel, employees, agents, servants, and/or workmen available to ensure the safety of its customers and keep them safe from hazardous conditions; (e) Failing to supervise its employees, servants, workmen or agents to ensure that Walmart's customers were safe fi•om falling objects; (f) Failing to have in place an appropriate program to prevent and/or respond to such dangerous conditions caused by falling objects and to prevent such accidents; (g) Failing to properly or adequately train its employees, servants, workmen, and/or agents to ensure Walmart's customers are safe from falling objects; (h) Failing to properly load the pallets; (i) Hiring and/or maintaining employees, servants, workmen, and/or agents who were unfit or incompetent to transport objects in a safe manner to avoid injury to Walmart's customers; 0) Failing to exercise reasonable care to protect Walmart's customers against falling objects; 49891-1 (k) Mishandling the pallet and causing it to fall over, dumping boxes onto Plaintiff resulting in injury; (1) Allowing boxes to fall down on Walmart's customers; (m) Not properly cordoning off enough space around Walmart's customers when transporting heavy objects; (n) Giving inadequate direction or instruction to its employees during transporting of objects on the Premises; (o) Failing to keep the Premises in a safe condition from falling objects. 13. As a direct and proximate result of negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, sustained or may sustain, serious and debilitating injuries, some of which are or may be permanent, and some of which may be an aggravation and/or exacerbation of pre-existing conditions, which include, but are not limited, to the following: a. Disc bulge at C5-C6 with disc space narrowing; b. Foraminal narrowing at C34 and C5-6; C. Cervical spondylosis; d. Facet Arthropathy at C2-3 and C34; e. Parenthesis of the bilateral legs; f. Chronic bilateral greater occipital neuritits; g. Neuralgia neuritis; h. Decreased pinprick in distribution of greater occipital nerve; i. Mid-line tenderness at C5-6 and C6-7; j. Myofascial pain syndrome; k. Cervical sprain/strain; 1. Lumbar sprain/strain; m. Cervical and Lumbar muscle spasms; n. Neck contusion; o. Reversal of the normal cervical lordosis; p. Low back pain/ Lumbago; q. Neck pain/Cervicalgia; r. Mental status change; 498915-1 S. Head pain; t. Radiation of pain bilaterally into the occipital and temporal regions of the head; U. Neck pain radiating down through to low back; V. Severe muscle contraction headaches; W. Severe posterior and temporal headaches; X. Neck pain/stiffness; Y. Shooting pain from top of neck to lower back; Z. Shoulder pain; aa. Cervicodorsal tenderness with tight myofascial bands; bb. Lumbosacral tenderness with tight myofascial bands. 14. As a direct and proximate result of the aforesaid negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, underwent treatment including but not limited to physical therapy sessions, trigger point injections, acupuncture, steroid injections, nerve blocks, occipital stimulator, and other treatment for the diagnosis and care of the injuries he suffered in the accident. 15. As a direct and proximate result of the aforesaid negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, was forced to incur medical bills and expenses for the diagnosis and treatment of the injuries he has suffered and will reasonably incur in the future further medical bills and expenses for the treatment and care of his continuing injuries. 16. As a direct and proximate result of the negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, has suffered a past loss of earnings, loss of benefits, loss of wage earning capacity, future loss of earnings, loss of productivity and loss of household services. IT As a direct and proximate result of the negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, has undergone and in the future will undergo mental and physical pain and suffering, mental anguish, discomfort, inconvenience and distress, 498915-1 embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and a limitation in his pursuit of daily activities all to his great loss and detriment. 18. As a direct and proximate result of the negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, has also suffered incidental costs and expenses including, but not limited to, medication expenses and medical appliance expenses and will reasonably incur in the future further incidental costs and expenses for the treatment and care of his continuing injuries. WHEREFORE, Plaintiff, Joshua Lucas, demands judgment against Walmart for the aforesaid damages in an amount which exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages fbr delay and costs of suit. Date: 2012 4 METZGER? WICKERSHAM, KNAUSS & ERB, P.C. B Andrea M. Cohick, Esquire I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff' 498915-1 VERIFICATION I, Joshua Lucas, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: J?ua Lucas 498915-1 CERTIFICATE OF SERVICE I, Andrea M. Cohick, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, RC., hereby certify that I served a true and correct copy of Plaintiff's Complaint with reference to the foregoing action by first class mail, postage prepaid., this 6 day of i , 2012 on the following: Defendant, Walmart c/o Marc Kamin, Esquire Law Offices of McDonnell & Associates Metropolitan Business Center 860 1St Avenue, Suite 5B King of Prussia, PA 19406 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. "Vw An rea M. Cohick, Esquire 498915-1 82.643 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 nmcdonnell@mcda-law.com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkamin@mcda-law.com Metropolitan Business Center 860 1St Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 C rA R Y r. i kj -2 11:44 C M DERV AND COUNTY RtNNS YLVANIA JOSHUA LUCAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. WALMART Defendant. 12-3694 DEFENDANT'S NOTICE OF REMOVAL TO THE UNITED STATES DISTRICT COI FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TO: The Prothonotary's Office Court of Common Pleas Cumberland County PLEASE TAKE NOTICE that this action has been removed to the United States District Court for the Middle District of Pennsylvania. Attached hereto is a copy of the Notice Removal filed with the Clerk of the United States District Court for the Middle District of Pennsylvania effectuating such removal. PLEASE TAKE FURTHER NOTICE that, in accordance with 28 U.S.C. § 1446(d), the Court of Common Pleas of Cumberland County shall not proceed any further in this action unless and until the action is remanded by the United States District Court for the Middle Disti of Pennsylvania. MCDONNELL & ASSOCIATES, P.C. ?f Date: 713,/2y+'L Marc 4yr Esqui re Attornfendants T 82.643 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnell(a)mcda-law.com By: Marc R. Kamin, Esquire Attorney I.D. No.: 307464 mkamin s ,mcda-law.com Metropolitan Business Center 860 1St Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 JOSHUA LUCAS COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. WALMART 12-3694 Defendant. CERTIFICATE OF SERVICE I, Marc R. Kamin, Esquire hereby certify that on the 30th day of July, 2012, I caused a true and correct copy of the foregoing Notice of Removal to be filed with the Court and served facsimile upon the following: Andrea M. Cohick, Esquire Metzger, Wickersham, P.C. 3211 North Front Street Harrisburg, PA 17110 Facsimile: (717) 234-9478 Attorney for Plaintiff McDONNELL & ASSOCIATES, P.C. Dated: 7 3? 7v 'Z. EXHIBIT A Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 1 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA J0SHUA LUCAS Plaintiff CIVIL, ACTION - I..AW V. WAI.MART. NO. JUR)' 7"RIAL DEMANDE*I) Defendant DEFENDANT'S NOTICE OF REMOVAL Defendant Wahnart. (more correctly identified as Wal-Mart Stores East, LP and hereinafter referred to as "Wal-Mart"), is represented by undersigned counsel in this matter. Wal-Mart tiles this Notice of Removal pursuant to 2813.S.C. §§ 1441(a) and (b) and 1446(b) to remove this action from the Court of Common Pleas of Cumberland County, No. 12-3694, where it is now pending, to the United States District Court for the Middle District of Pennsylvania. In support thereof, Wal-Mart avers as follows: 1. A Civil Action has been brought against Wal-Mart by the Plaintiff and is pending in the Court of Common Pleas of Cumberland County, No. 12-3694. A true and correct copy of Plaintiffs Complaint is attached hereto and marked as Exhibit "A". 2. Wal-Mart was served with the Complaint on or about July 13, 2012. 3. Plaintiff alleges that he was struck by boxes which fell from a moving pallet while in Wal-Mart's Store. See Exhibit. "A". 4. As a result, Plaintiff allegedly sustained or may sustain serious and debilitating injuries, including, but not limited to a disc bulge, foraminal narrowing, cervical spondylosis, facet arthropathy, paresthesia of both legs, chronic bilateral neuritis.. neuralgia neuritis, mid-line tenderness, myofascial pain syndrome, cervical sprain/strain, lumbar sprain/strain, cervical and lumbar muscle spasms, neck contusion, reversal of the normal cervical lordosis, low back Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 2 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 2 of 6 pain/lumbago, neck pain/cervicalgia, mental status change, head pain, radiation of pain bilaterally into the occipital and temporal regions of the head, neck pain radiating down through the low back, severe muscle contraction headaches, severe posterior and temporal headaches, neck pain/stiffness, shooting pain from the top of neck to lower back, shoulder pain, cervicodorsal tenderness with tight myofascial bands, and lumbosacral tenderness with tight myofascial bands. See Exhibit "A", 1' 13. 5. Plaintiff alleges that some of the alleged injuries are or may be permanent. Id. 6. Plaintiff also alleges that as a result of the injuries allegedly sustained, Plaintiff has incurred medical expenses and will reasonably incur further expenses into the future. Id, at 1' 15. 7. Additionally, Plaintiff allegedly suffered a past loss of earnings, loss of benefits, loss of wage earning capacity, future loss of earnings, loss of productivity and loss of household services. Id. at. T 16. 8. Plaintiff demands damages in an amount in excess of the compulsory arbitration Iii-nit of $50,000. See Exhibit "A", ad damnum clause. See also Cumberland County /vocal Rule *1301-01. 9. Based on the alleged injuries and Plaintiff's demand for damages in an amount in excess of $50,000, Wal-Mart's counsel telephoned Plaintiff s counsel, advising of the right to remove this matter to federal court on the basis of diversity if Plaintiff' kvas unwilling to stipulate to limit damages to $75,000. The telephone conversation was also mcrnorialized in the July 18, 2012 correspondence to Plaintiff's counsel, a true and correct copy of which is attached hereto and marked as Exhibit "B". Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 3 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 3 of 6 10. Pursuant to 28 U.S.C. § 1446(b), "a notice of removal may be tiled within thirty days after receipt by the defendant, through service or otherwise, ofa copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable ...." 11. This Notice of Removal is filed within thirty (30) days of notice that Plaintiff demands damages in excess of $50,000 and is not willing to stipulate to limit damages to $75,000. 12. The State Court wherein this action was originally filed is located in Cumberland County, Pennsylvania, which is embraced within this, jurisdictional district. 13. Removal from the Cumberland County Court of Common Pleas is proper under 28 U.S.C. §1441(a) and (b), which authorizes the removal of any civil action of which the District Courts of the United States has original jurisdiction and if none of the parties in interest properly joined and served as a defendant is a citizen of the state if) which such action is brought. 14. This Court has original jurisdiction over the subject matter under 28 U.S.C. §1332 as the parties are citizens of different states, and the matter in controversy exceeds $75,000 as set. forth herein. 15. Plaintiff is allegedly a citizen of the Commonwealth of Pennsylvania residing at 39 West Broadway, Otters, York County, Pennsylvania. She Exhibit "A", S 1. 16. Wal-Mart Stores East, LP is a Delaware limited partnership with a principal place of business in Bentonville, Arkansas. Its sole limited partner. Wal-Mart Stores, [tic., is a Delaware corporation with its principal place of business in Arkansas. Neither Wal-Mart Stores East, LP, nor its limited partner, Wal-Mart Stores, Inc. reside or are citizens of the Commonwealth of Pennsylvania. Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 4 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 4 of 6 17, Plaintiff's Complaint contains allegations of negligence arising out of fallen merchandise which fell onto Plaintiff on July 22, 2010 while Plaintiff'was in the Wal-Mart Store in Mechanicsburg, Cumberland County, Pennsylvania. See Exhibit "A". 18. On July 18, 2012, Wal-Mart's counsel spoke with and sent correspondence to Plaintiffs counsel inquiring as to whether Plaintiff would stipulate to limit damages to $75,000. See Exhibit -13-, 19. If Plaintiff was so willing, Wal-Mart's counsel would prepare a stipulation to limit damages for review and signature. 20. If Wal-Mart's counsel did not hear from Plaintif'f's counsel before the end of the week ending July 20, 2012, Wal-Mart would remove this matter to federal court based on diversity jurisdiction. 21. On July 23, 2012, Plaintiff's counsel contacted Wal-Mart's counsel and advised that Plaintiff will not stipulate to limit damages. 22. In light of the severity and permanency of Plaintiff's allegations, and Plaintiff's refusal to stipulate that damages are less than $75,000, the preponderance of the evidence establishes that the matter in controversy is in excess of $75,000 exclusive of interest and costs. 23. Based on the foregoing, the requirements of 28 U.S.C. §§ 1441(a) and (b) and 1446()) have been satisfied and the within matter is properly removable. Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 5 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 5 of 6 WHEREFORE, Defendant Wal-Mart Stores East, LP respectfully requests that the State Action be removed from the Court of Common Pleas of Cumberland County. Pennsylvania to the United States District Court for the Middle District ofPennsvlvania. & AssOCTATF;S, PC Date: JuIN3-h,,2012 ,Vatrick J. McDonnell, Esquire, Attorney 1.D. No. PA62310 Metropolitan Business Center 860 1" Avenue. Suite 5B King; of Prussia. PA 19406 ("T") 610.337.2087 (F) 610.3372575 Atforne3.s_ v Dekndant, Wul-Mart SYvres East. LP Case 1:12-cv-01447-CCC Document 1 Filed 07/26/12 Page 6 of 6 Case 3:02-at-06000 Document 765 Filed 07/26/12 Page 6 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOSHUA LUCAS Plaintiff CIVIL ACTION - LAW V. NO. WALMART JURY 'l'RIAE. DEMANDED Defendant : CERTIFICATE OF SERVICE 1, Patrick J. McDonnell. Esquire hereby certify that a true and COrTCCt copy of Defendant's Notice of Removal was caused to be filed and that said Notice of Removal was served via U.S. First Class mail, postage pre-paid, oil this date to the counsel below named: Andrea M. Cohick, Esquire METZGER WICKF.RS11AM, PC.' 321 1 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (Plaintiffs (;?n?,rrsel) Date: July 2012 "CrPNNFLL A ASsocIATES, PC t? r s Pa lei J. McDonnell Esquire ;rfltornc.ys,fi)r Delf n&arrt Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 1 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 1 of 12 Aall I a I ? F911 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 2 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 2 of 12 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-03 00 (7'17) 238-8187 Attorneys for Plaintiff J "aflL)t' 1 1L)"'Aa IN THE COURT OF COMMON PLEAS 6-F-- - CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 12-3694 Civil CIVIL ACTION - LAW WALMART Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Defendant, Walmart c/o Marc Kamin, Esquire Law Offices of McDonnell & Associates Metropolitan Business Center 860 1 S Avenue, Suite 5B King of Prussia, PA 19406 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, "PHIS OFFICE MAY BE ABLE TO PROVTDE YOU WITH INFORMATION ABOUTAC NCIES THAT MAY OFFER LEGAL SERVICES TO PLIGIBLF., PERSONS A"I' A R.EDtJCED FEE OR NO FEE. 498915.1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 3 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 3 of 12 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 4 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 4 of 12 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en ]as paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacibn por cualquier dinero reelmnado en la dernanda o por cualquier dinero reclamado en la dernanda o po cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PI RDER DINIERO. C) PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA IJSTLD. LLEVE EST'A DEMANDA A UN ABOGADO IM_'viEDIAT.AIMENTE, SI USTED NO TIENE 0 NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIR.ECCION ESCRITA ABAJO PARA AVERIGUAR DONDF PUEDE OBTUNER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Redford Street Carlisle, PA 17013 (800) 990-9108 498915.1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 5 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 5 of 12 METZGER, WICKERSHAM, P.C. By: Andrea M. Cohick, Esquire Attorney I.D. No. 307410 3211 North Front Street P.Q. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 JOSI-IUA LUCAS, Plaintiff vs. WALMART, Defendant Attorneys for Plaintiff IN THE COUR°C OF COMMON PLEAS OF ? CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3694 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Joshua Lucas, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C. and respectfully represents as follows: I. Plaintiff, Joshua Lucas, is an adult individual residing at 39 West Broadway, Etters, York County, Pennsylvania, 17319. 2. Defendant, Walmart, is a corporation organized and operating under the laws of the State of Arkansas, with a principal place of business located at 702 SW 81" Street, Bentonville, Arkansas, 72716-8611. 3. At all times material hereto, Defendant owned; occupied, possessed, maintained, controlled and operated a department store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 1.7050 (hereinafter "Premises"). 4. On July 22, 2010, at approximately 10:50 p.m., an employee of Walmart was pulling a pallet loaded with boxes through the pet supply aisle, at the Premises. 5. At that same time and place, Plaintiff, oshua Lucas, A'as shopping on the. Premises and was kneeling down in the aisle of the pet supplies. 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 6 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 6 of 12 6. At the aforesaid time and place, a number of heavy boxes fell from the pallet being pulled by Defendant's employee, onto Plaintiff's head, neck and back causing injuries to Plaintiff as hereinafter set forth. 7. At the aforesaid time and place, Plaintiff, Joshua Lucas, was a business invitee of Defendant, Walmart. 8. Defendant, Walmart, is vicariously liable for the acts and/or omissions of its agents, servants, workmen, and/or employees as though it performed the acts and/or omissions itself and is subject to the doctrine of respondent superior. 9. Defendant, Walmart, had a duty to maintain and keep the aisles in a safe condition and to keep objects from falling and hitting business inviiees. 10. The precariously and/or negligently stacked boxes on the pallet presented a dangerous condition known to Walmart or which could have and should have been reasonably foreseeable to Walmart. 11. Plaintiff, Joshua Lucas, was owed the highest duty of care by Walmart to make sure that the store was maintained in a safe condition for the benefit of business invitees, 12. Defendant, Walmart, individually and/or by its agents, servants, workmen and/or employees, acting within the scope of their authority, breached its legal duty to the public and to Plaintiff, Joshua Lucas, and was negligent in the following particulars; (a) Failing to take the necessary protective and precautionary measures to ensure that Walmart's customers, including Plaintiff, Joshua Lucas, were safe in its store and were not stnick by objects falling from pallets, 4959!5-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 7 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 7 of 12 (b) Fading to properly inspect the pallets to make sure they were not overloaded and/or improperly loaded causing the objects on them to tilt or collapse; (c) Failing to properly warn Walmart's customers of the dangerous conditions associated with the transporting of boxes on pallets including but not limited to the failure to have in place appropriate warning signs; (d) Failing to have the necessary personnel, employees, agents, servants, and/or workmen available to ensure the safety of its customers and keep them safe from hazardous conditions; (e) Failing to supervise its employees, servants, workmen or agents to ensure that Walmart's customers were safe from falling objects; (f) Failing to have in place an appropriate program to prevent and,or respond to such dangerous conditions caused by falling objects and to prevent such accidents; (g) Failing to properly or adequately train its employees, servants, workmen, and/or agents to ensure Walmart's customers are safe from falling objects; (h) Failing to properly load the pallets; (i) Hiring and/or maintaining employees, servants, workmen, and/or agents who were unfit or incompetent to transport objects in a safe manner to avoid injury to Walmart's customers; (j) Failing to exercise reasonable care to protect Walmart's customers against falling objects; 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 8 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 8 of 12 (k) Mishandling the pallet and causing it to fall over, dumping boxes onto Plaintiff resulting in injury; (1) Allowing boxes to fall down on. Walmart's customers; (m) Not properly cordoning off enough space around Walmart's customers when transporting heavy objects; (n) Giving inadequate direction or instruction to its employees during transporting of objects on the Premises; (o) Failing to keep the Premises in a safe condition from falling objects. 13. As a direct and proximate result of negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, sustained or may sustain, serious and debilitating injuries, some of which are or may be permanent, and some of which may be an aggravation and/or exacerbation of pre-existing conditions, which include, but are not limited, to the following: a. Disc bulge at C5-C6 with disc space narrowing; b. Foraminal narrowing at C34 and C5-6; C. Cervical spondylosis; d. Facet Artluopathy at ('2-3 and ('34, e. Parenthesis of the bilateral legs; f. Chronic bilateral greater occipital neuritic; g. Neuralgia neuritis; h. Decreased pinprick in distribution of greater occipital nerve; i. Mid-Line tenderness at C5-6 and C6-7; j. Myofascial pain syndrome; k. Cervical sprain/strain; 1. Lumbar sprain/strain; M. Cervical and Lumbar muscle spasms; n. Neck contusion; o. Reversal of the normal cervical lordosis; P. Low back pain/ Lumbago; q. Neck pain/Cervicalgia; r. Mental status change; 498915.1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 9 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 9 of 12 S. Head pain; t. Radiation of pain bilaterally into the occipital and temporal regions of the head; U. Neck pain radiating down through to low back; V. Severe muscle contraction headaches; W. Severe posterior and temporal headaches; X. Neck pain/stiffness; Y. Shooting pain from top of neck to lower back; Z. Shoulder pain; aa. C:ervicodorsal tenderness with tight myofascial bands; bb. Lumbosacral tenderness with tight myofascial bands. 14, As a direct and proximate result of the aforesaid negligence of Defendant, Walmart, Plaintiff, Joshua Lucas, underwent treatment including but not limited to physical therapy sessions, trigger point injections, acupuncture, steroid injections, nerve blocks, occipital stimulator, and other treatment for the diagnosis and care of the injuries he suffered in the accident. 15. As a direct and proximate result of the aforesaid negligence of Defendant, Walmart; Plaintiff, Joshua Lucas, was forced to incur medical bills and expenses for the diagnosis and treatment of the injuries he has suffered and will reasonably incur in the future further medical bills and expenses for the treatment and care of his continuing injuries. 16. As a direct and proximate result of the negligence of Defendant, AValmart. Plaintiff. Joshua Lucas, has suffered a past loss of earnings, loss of benefits, loss of Nvage earning capacity, future loss of earnings, loss of productivity and loss of household services. 17. As a direct and proximate result of the negligence of Defendant, Walmart, Plaintiff, Joshua. Lucas, has undergone and in the future will undergo mental and physical pain and suffering, mental anguish, discomfort., inconvenience and distress, 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 10 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 10 of 12 embarrassment and humiliation, past, present and future loss of his ability to enjoy the pleasures of life and a limitation in his pursuit of daily activities all to his great loss and detriment. 18. As a direct and proximate result of the negligence of Defendant, Walmart, Plaintiff', Joshua Lucas, has also suffered incidental costs and expenses including, but not limited to, medication expenses and medical appliance expenses and will reasonably incur in the future further incidental costs and expenses for the treatment and care of his continuing injuries. WHEREFORE. Plaintiff, Joshua l.,ucas, demands judgment against Walmart for the aforesaid damages in an amount which exceeds the [;mils of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay and costs of suit. J METZGER WICKERSHAM, KNAUSS & ERB, P .C. Date: 143-1 2012 By Andrea M. Cohtck, Esquire I.D. No. 307410 3211 North Front. Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Plaintiff 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 11 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 11 of 12 VERIFICATION I, Joshua Lucas, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief, To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: Jos Auaucas 498915-1 Case 1:12-cv-01447-CCC Document 1-2 Filed 07/26/12 Page 12 of 12 Case 3:02-at-06000 Document 765-2 Filed 07/26/12 Page 12 of 12 CERTIFICATE OF SERVICE I, Andrea M. Cohick, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Complaint with reference to the foregoing action by first class niail, postage prepaid. this day of CG ! ?. 2012 on the following: Defendant, Walmart c/o Marc Ka.ntin, Esquire Law Offices of McDonnell & Associates Metropolitan Business Center 860 1" Avenue, Suite 5B King of Prussia, PA 19406 METZGER, WICKERSHAM, KNAUSS & FRB, P.C, I r An ea M. Cohick, Esquire 498915-1 Case 1:12-cv-01447-CCC Document 1-3 Filed 07/26/12 Page 1 of 3 Case 3:02-at-06000 Document 765-3 Filed 07/26/12 Page 1 of 3 Case 1:12-cv-01447-CCC Document 1-3 Filed 07/26/12 Page 2 of 3 Case 3:02-at-06000 Document 765-3 Filed 07/26/12 Page 2 of 3 LAW OFFICES OF Patrick J. McDonnell' ? ?"'`? • ;FOAiNE T & /? C?(' c Mc A `7'I?C ` - P C Courlney Seda McDonnell` Karen L Green' i../ 1 ?! 1 V [ .( .t , // >,?„h.?.1L.? lIlj ?•? . . Roberta K Paglione' • Metropolitan Business Center Lindsey S. Fonshay' p 860 1 Avenue, Suite 5B Analisa Sondergaard` Jennifer A LaTour l King of Prussia, Pennsylvania 19406 Myisha LaceyTilson' Telephone: 610-337-2087 Nancy E. Zangril i• + Facsimile: 610-337-2575 John M. McConnell' Jackie M. Lowthert` Marc R. Kamin" Mami S Berger' Now Jersey Office: Of Counsel: 500 Rare 70 west Kathryn V. Chandiess` +t Cherry Hill, New Jersey 08002 Telephone 858.429-5300 Medical Consuffenf' Facsimile: 856-429-5314 Hector J. Seda, M.D. ` At7nntM.r: r npnrtSylYAn:A AIfO W" Reply To: Pennsylvania " F+tlm+llU? Mr`Y ?n }?k?Tty?V..?1A +„, Atl x, M4dS ?, E-Mail Address: mkamin meda-law.com ++Hn4a» v° ? Genand tly trw Sa,P- C,kA ., N- --Y 4f 4 C-1 71a1 A11- JU1y 18, 2012 VL4 FACSINIILE ONL Y(71 7.234.94 78) Andrea M. Cohick. Esquire Metzger, Wickersham, Knauss & Erb, 'P(' 3211 North Front Street P.O. Box. 5300 Ilarrisburg, PA 171 10-0300 RE: Joshua Lucas v. Walmart Cumberland Cntv. C.C.P. No. 12-3694 Our File No. 82.643 Dear Ms. Cohick: Per our phone conversation this morning, I will wait to hear from you before the end of this week as to whether or not your client is willing to stipulate to limit damages to avoid removal to federal court on the basis of diversity. If your client is so willing, I will prepare a stipulation and forward for your review and signature. If your client is not willing to stipulate to limit damages, I will remove to federal court based on your client's demand for damages in excess of the arbitration limit and based on his refusal to enter into a stipulation to limit damages to $75,000.00 Thank you for your kind attention in this regard. I look 'forward to hearing front you. Very lrul) yours, McDONNELI- & ASSOCIATES, PC' J Mai, R. Kamm Esquire Case 1:12-cv-01447-CCC Document 1-3 Filed 07/26/12 Page 3 of 3 Case 3:02-at-06000 Document 765-3 Filed 07/26/12 Page 3 of 3 x x x Commur cat ?cn Result Repo r, (, L'u'. '?. 2012 11:26AM ; x x x ,) V,DonneI I & Asaac x4as< P. 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