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Home My WebLink About12-6030IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Elizabeth Baker 117 Peach Lane Carlisle, PA 17406 Case No. ~~ - ~U3~ Civil Term vs. Civil Action Defendant(s) & Address(es) Market Place ~ . 5201 Spring Road ~~ -~ ~ _~, •.>, N Shermans Dale, PA 17090 '`T'~'~' _ `~ - ? -ter, Y ~'~ ,v M _ _ PRAECIPE FOR WRIT OF SUMMONS ~ ~ . ~. `" ~~ ~' }: .; ~: . TO THE PROTHONOTARY/CLERK OF SAID COURT: -„ ` Issue summons in the above case ~ J-; Writ of Summons shall be i ued and forwarded t one / heriff. Plea Ci •et' c 6ice ~: -~ Date : September 2~, 2012 ignature of orney ~ Print Name:. ouis J. Michelsen, Esquire Address: 800 North Second Street Harrisburg, PA 17102 Telephone #: 717-238-1657 Supreme Court ID Number: 90582 • • • • • WRIT OF SUMMONS To: ~~a~e3.~Sp"'"l ~.,~ ~ (~lo ~ 1 2~av-1 a3;; YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) AS/H VE COMM CED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: ~ ~~ Deputy ELIZABETH BAKER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. ~_.. Plaintiff ~~ ~ °~' `"~`~ ~_.. ..~ .._: ~w.. .. _,. ,.., ~. _,,,, vs. No. 12 - 6030 ~" ~ fi ` ' ~ e .r w ~.~ ~ =v MARKET PLACE -<=' `~ ,, :: . ' „_. ~ -, t ~ ~ ~ -~:_: Defendant. CIVIL ACTION -LAW ~ ~ r~ `,r-.' ~, c cr^ AFFIDAVIT OF SERVICE On this ~ day of l~c~ V~2rv~.lao./ , 2012, before me, a Notary Public, for the Commonwealth of Pennsylvania, personally appeared Robert Todd, who, being duly sworn according to law, and intending to be legally bound, deposes and says the following: 1. On October 23, 2012 at 10:30 a.m., I personally served a copy of the Summons regarding the above matter on Nate Lucas, Manager, Market Place, 5201 Spring Road, Rt. 34 and 850, Shermans Dale, PA, 17090. R ERT TODD SWORN and Subscribed to and before me this ~_ day of >\1~~~~L~;..r , 2012. Notary Public My Commission Expires: 3/a-d~ac~ 1(A ni of ~nv~Nu ~~ ~ i.~or-wn~e, ~r~r w~uc cmr a ~ or-t~+~wco~Mtr rr~®erweswe. s,'e+~ s ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3310 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Attorneys for Defendant: Faz: [717] 975-8124 MARKET PLA CE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELIZABETH BAKER, . Plaintiff, n ~ ~, -~~ `" CASE NO. 12-6030 -r~3 "~' '' ~'T vs. ~~ ° row . ~r . ~~ MARKET PLACE, ~ ~ Gi3 ° c Defendant. . v° ~ o -.'~ z~, ~ c 1 ~ G C~ J ~ f"T't PRAECIPE TO ENTER APPEARANCE --'9 `~ W ^' TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter my appearance on behalf of Defendant, Market Place, with reference to the above matter. submitted, Date: ~By. OLF OLL, ESQUIRE PA. orney I.D. No. 47243 Att ey for Defendant, MARKET PLACE 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO ENTER APPEARANCE on all counsel of record by placing the same in the United tates mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the ~~ day , 2012, and addressed as follows: Louis J. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 MARGOLIS EDELS ~~~o oAnn E. Nelson, Legal Assistant 1 t ROLF E. KROLL, ESQUIRE Pa. Supreme Court I.D. No. 47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, Pennsylvania 17011 Telephone: [717] 975-8114 Direct Dial: (717) 760-7502 Fax: [717]975-8124 Attorneys for Defendant: MARKET PLACE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELIZABETH BAKER, rti 3 ~ ° c -r; _; Plaintiff, ~~ c :CASE NO. 12-6030 ~ "~ VS. ~ -<~' w Q c s MARI~T PLACE, z Defendant. ~ ~• ~ ~ ~ ~ , -c -< u' ~ ~ ...,. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Rule upon Plaintiff to file a service hereof or suffer judgment non pros. t Date twenty (20) days from ROLF OLL, ESQUIRE PA. rney I.D. No. 47243 At ey for Defendant, MARKET PLACE RULE TO THE PLAINTIFF: ~'au are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty (20) days of service of this Rule against you oz si~ffer judgment non pros. ~a#ed: - ~ Prothonotary ~~, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE FOR RULE TO FILE COMPLAINT on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on thei?~day of !` ~~'`~~'~-% 2012, and addressed as follows: Louis J. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 GOLIS EDELSTEIN B `~" oAnn E. Nelson, Legal Assistant '. , ., .. ROLF E. KROLL, ESQUIRE ` ; ; , ;~ -. , Pa. Supreme Court LD. No. 47243 MARGOLIS EDELSTEIN : ~, < ~ ~~ ,, `): ~ `'~ 3510 Trindle Road ' ` ' ~ `-° `' ~ ' ' ~' Camp Hill, Pennsylvania 17011 ~ ' Telephone: [717] 975-8114 Direct Dial: (717)'~6~~r~1~°~~~`" 'fir n ~ ~~~ Attorneys for Defendant: Fax: (717] 975-8124 `' ~ ` ' ` ° 5 Y ~~° ~` ~ ~ MARKET PLACE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELIZABETH BAKER, Plaintiff, CASE NO. 12-6030 vs. MARKET PLACE, Defendant. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly file of record the attached Certificate of Service of the Rule to File Complaint which was entered by the Prothonotary on November 13, 2012, and served on the date reflected in the attached Certificate of Service. Respectfullytsubmitted, Date: By: RAF E. ~OLL, ESQUIRE PA. Attorney I.D. No. 47243 Attorney for Defendant, MARKET PLACE 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing RULE TO FILE COMPLAINT on all counsel of record by placing the same in the United State ail at Camp Hill, Pennsylvania, first-class postage prepaid, on th~~.,E~day -~ , 2012, and addressed as follows: Louis j. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 MARGOLIS oAnn E. Nelson, L gal Assistant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing PRAECIPE TO FILE OF RECORD THE CERTIFICATE OF SERVICE OF THE RULE TO FILE COMPLAINT on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on they 7~~ay of ~-/, 2012, and addressed as follows: Louis J. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 MARGOLIS Nelson, Legal Assistant a .. I ROLF E.KROLL,ESQUIRE "'j ncjc`" Pa.Supreme Court I.D.No.47243 MA GO dIS EDE dLSTE� 1 "9T I Q PM 2: 1, Camp Hill,Pennsylvania 17011 CUMBEAL Telephone: [717J 975-8114 Direct Dial: (717)760-7502 'E-NNS YLV AUNT V Attorneys for Defendant: Fax: [7171 975-8124 �'�NIA MARKET PLACE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ELIZABETH BAKER, Plaintiff, •• CASE NO. 12-6030 vs. • MARKET PLACE, Defendant. : JURY TRIAL DEMANDED STIPULATION T AMEND PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Market Place, by and through his counsel, Margolis Edelstein, and Plaintiff Elizabeth Baker, ("hereinafter Plaintiff') by and through her counsel, Ira H. Weinstock PC, to STIPULATE AND AGREE AS FOLLOWS: 1. Plaintiffs' Complaint currently contains claims for reckless conduct at Paragraphs 13(a)-13(d) and 14. 2. In order to expedite resolution of all claims and avoid judicial intervention, the parties have agreed to dismiss all claims for reckless conduct WITH PREJUDICE.. 4. Defendant Market Place will have twenty (20) days from the date this document is filed to serve Plaintiff with an answer to the Plaintiffs Complaint as amended by this Stipulation. Plaintiffs will not be required to file an amended Complaint. IRA H. W / OCK, P.C. Date: /5 Afit �,� By: / , LO KJ. .1 ICHELSEN, ESQUIRE At •rney for Plaintiff Elizabeth Baker 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 717-238-1657 Fax: 717-238-6691 1' , S i 'L. ► IN Date: //O. :y: RO E. ',4 L, ESQ I RE .D. No. 47243 Attor• • o. Defendant, MAR 'LACE 3510 Trindle Road Camp Hill, PA 17011 (717) 975.8114 Direct: (717) 760-7502 Fax: (717) 975-8124 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH BAKER, vs. MARKET PLACE, CIVIL DIVISION Plaintiff, : CASE NO. 12-6030 Defendant. NOTICE TO PLEAD TO: Elizabeth Baker, Plaintiff c/o Louis J. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: By Respect fp l l : ubmitted, MA' '"G EDE STEIN i'd ' OLL, �QUIRE • . • ttorney I. R . No. 47243 rney for D - fendant, ARKET PLACE 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH BAKER, vs. MARKET PLACE, CIVIL DIVISION Plaintiff, Defendant. : CASE NO. 12-6030 ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes Market Place ("Defendant"), by and through its counsel Margolis Edelstein to answer the Complaint of Elizabeth Baker ("Plaintiff"), and in support thereof avers the following: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that Plaintiff entered the Defendant's establishment on the evening of September 26, 2010. The remaining allegations of this paragraph of Plaintiffs Complaint are specifically denied and strict proof is demanded at trial. 4. Denied. It is denied that Plaintiff was wearing an arm sling and strict proof to the contrary is demanded at trial. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. By way of further answer, it is specifically denied that the floor on which Plaintiff was walking was wet at any time relevant hereto. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 8. It is admitted that at a certain point in time, Defendant's employees assisted Plaintiff in bringing out her groceries. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 11. Denied. The allegation of this paragraph of Plaintiffs complaint states a conclusion of law to which no responsive pleading is required and same is therefore denied. 11. Denied. The allegation of this paragraph of Plaintiffs Complaint states a conclusion of law to which no responsive pleading is required and, same is therefore denied. By way of further answer, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. COUNT ONE NEGLIGENCE 11. Paragraphs 1 through 10 hereof are incorporated herein by reference as if set forth in full. 12. Denied. The allegation of this paragraph of Plaintiffs Complaint states a conclusion of law to which no responsive pleading is required and same is therefore denied. 13 a -f. Denied. This allegation and its corresponding subparts state conclusions of law to which no responsive pleading is required and same is therefore denied. 14. Denied. The allegation of this paragraph of Plaintiffs Complaint states a conclusion of law which is specifically denied as being both factually and legally incorrect. WHEREFORE, Defendant Market Place demands judgment in its favor and against Plaintiff with costs of suit assessed to Plaintiff. NEW MATTER 15. Plaintiffs claims are barred by the doctrines of contributory and comparative negligence. 16. Defendant had neither actual nor constructive notice of any allegedly defective condition on the subject premises. 17. If Plaintiff suffered an injury or damage as alleged, said injury or damage was caused solely and/or primarily by the careless, reckless and/or negligent conduct of third parties over whom Defendant has no control or right to control. 18. Plaintiffs accident and injuries were caused by Plaintiff's failure to observe conditions that were existing around her and failure to take precautions for her own safety. 19. Plaintiffs accident was caused by her failure to observe an open and obvious condition. 20. Plaintiff has failed to mitigate her damages. 21. Plaintiffs damages are barred by the doctrine of accord and satisfaction. 22. Plaintiffs claims are barred by the statute of limitations. 23. Plaintiffs claims, if any, are barred and/or limited by any preexisting condition or conditions suffered by Plaintiff. WHEREFORE, Defendant Market Place demands judgment in its favor and against Plaintiff with costs of suit assessed to Plaintiff. Date: Respectfailly mitted, EL EIN OLL, ESQUIRE orney I.D. No. 47243 orney for Defendant, ARKET PLACE 3510 Trindle Road Camp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 VERIFICATION I, Rolf E. Kroll, Esquire, counsel for Market Place, have read the foregoing Answer with New Matter to Plaintiffs Complaint and the factual statements and denials contained therein are true and correct to the best of my knowledge, information and belief, and I am authorized to make this Verification on behalf of my client, Market Place. This statement and Verification are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorit - , ich provides that, if I knowingly make false averments, I may be subject to crimi a pen lties ti r � Date: ✓'/// /eA Ro fE. roll Esquire CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT, on all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, first-class postage prepaid, on the/day of , 2015, and addressed as follows: Louis J. Michelsen, Esquire Ira H. Weinstock PC 800 No. Second St, Suite 100 Harrisburg, PA 17102-3233 MARGOLIS EDELST IN Bc-y Michele A. Koharcheck Legal Assistant