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Home My WebLink About13-4552 Supreme C 4`0 1 urtof�.Pennsylvania Courf.CommonAp, leas For.Proi(ianorary use•o iiy K ° .; ; , Cull o�e S �e t a •, n Docket No:. County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑ Complaint IW' Wrrt of Summons ❑ Petition S "• ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking Lead P i tiff's Name: Lead Defendant's Name A /�j r•. �� lit �� I✓✓I t'/(�� i ' A /Y'�--� R T' Dollar Amount Requested: ❑ within arbitration limits I ` Are money damages requested? Yes ❑ No (check one) outside arbitration limits � r Is this a Class Action Suit? ❑ Yes M Is this an MDJAppeal? ❑ Yes 0 No Name of Plaintiff/Appel lant's Attorney: _ p dh ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) . • :'ti p �S,�ykq. YM� es,your -'- ° Nature of . the Case , , 1?lace an "X " °to the left ;of the ONE case.cat_e o that , d'escr>b .. ,ft PRIMARY CASE: If you are making morerthan;one:typepfcl'aiin, cliecic the,onealiat { s' .[.. i,�.t,�kr,�eY. ,ln vB•y ,•t you considem r -ost, important. -' " � �" " ` • r xs° Nrn* n�i: �L �' •ti: �t7,•. :114• _ �u `:['k d.r A�'•a i�P' °yf.a .• • .P ` .4.' e - TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ' ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ isance ❑ Dept. of Transportation Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include ❑Employment Dispute: mass tort) Discrimination ❑ Slander /Libel/ Defamation ❑Employment Dispute: Other ❑Zoning Board ❑ Other: ❑ Other: ❑Other. O MASS TORT ❑ Asbestos N ❑ Tobacco • ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration f • " ": ❑ Other -,; h ❑Eminent Domain /Condemnation 11 Declaratory Judgment B ; ` ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other• ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV �1IA No. 13 — 20 C_- C� Civil Action - (X) Law r 65 - ;, t '`t � r' ( ) Equity „ r ALICIA N. BROWN WAL -MART r = 'S? 2227 GREEN STREET, APT. 1 60 NOBLE ROAD HARRISBURG, PA 17110, CARLISLE, PA 17013 c Plaintiff Defendant CIVIL ACTION LAW VS. JURY TRIAL DEMANDED Plaintiff(s) & Defendant(s) & Addresses Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above - captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff _ _JOSEPH J. DIXON, ESQUIRE 126 STATE STREET g of Attorney HARRISBURG, PA 17101 (717) 236 -8515 Supreme Court ID No. 28290 Names /Address /Telephone No. Of Attorney Date: August 2. 2013 WRIT OF SUMMONS TO THE ABOVE -NAMED DEFENDANT(S): WAL -MART YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Lby thonot y Date: 2, ,2013 C Deputy (. .) Check here if reverse is issued for additional information. SHERIFF'S OFFICE OF CUMBERLAND COUNTY -� Ronny R Anderson , — Sheriff 01 Jody S Smith Chief Deputy � -S r- 1 Richard W Stewart Solicitor OFFj OF THESV.RIrr I>C-) "a+ Alicia N Brown Case Number vs. 2013-4552 Wal-Mart SHERIFF'S RETURN OF SERVICE 08/07/2013 11:15 AM- Deputy William Cline, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Ashley Austin,Assistant Manager,who accepted as"Adult Person in Charge"for Wal-Mart at 60 Noble Boul vard, Carlisle Borough, Carlisle, PA 17013. /,,v WfEdIAM CLINE, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, f August 08, 2013 RON R ANDERSON, SHERIFF (C)CourtySuite Sheriff,'teleoseft,'nc. 82.802 — tj r �0THIJ�N L T or ti i J MCDONNELL&ASSOCIATES,P.C. „r By: Patrick J. McDonnell, Esquire t i 82.802 U r 1. H Tfi p, - nNc McDONNELL&ASSOCIATES,P.C. 2 0 111 r. I 1: ,7 By: Patrick J. McDonnell, Esquire U 1,6 A 3 Attorney l.D.No. 62310 CUMBERLAND COUNTY pmcdonnellgmeda-law.com E NN S Y L VA 141 A By: Nancy E. Zangrilli, Esquire Attorney I.D. No. 91150 nzan _rilli@mcda-law.com Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19406 Telephone- 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street, Apt. I OF CUMBERLAND COUNTY, PA Harrisburg, PA 17110 Plaintiff V. CIVIL ACTION - LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle, PA 17013 Defendant DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Wal-Mart,by and through its undersigned counsel, hereby demands a trial by jury in the above-captioned matter. McDONNELL&ASSOCIATES,P.C. Dated: August 13, 2013 By: Aancy E _Z uir Attorney f#efi e da t 82.802 LC McDONNELL&ASSOCIATES,P.C. PIE R 0'M otj 0 T'4 F By: Patrick J. McDonnell, Esquire 013 A UG 16 Attorney l.D.No. 62310 pmedonnellgmcda-law.com CUMBERLAND COUNTY By: Nancy E. Zangrilli, Esquire PENPisYLVANIIA Attorney I.D. No. 91150 nzangrilligmcda-law.com Metropolitan Business Center 860 First Avenue, Suite 5B. King of Prussia, PA 19406 Telephone- 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street, Apt. I OF CUMBERLAND COUNTY, PA Harrisburg, PA 17110 Plaintiff V. CIVIL ACTION - LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle, PA 17013 Defendant CERTIFICATE OF SERVICE 1,Nancy E. Zangrilli, Esquire,hereby certify that a true and correct copy of my Entry of Appearance and Demand for Jury Trial on behalf of Defendant, Wal-Mart, was served via U.S. First Class mail,postage pre-paid on August 13, 2013 upon the following: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Attorney for Plaintiff McDONNELL&ASSOCIATES,P.C. Dated. August 13, 2013 By: 4,11zm r�_ Jvk:�(I). \ . Nancy E. Aangrile e qu( Attorneyf*Dej, d t 82.802 �: ; �.t<.,.__;,-; i T HE I 1 i...A..✓ t.� MCDONNELL&ASSOCIATES,P.C. .° i '_ ' i tt,: By: Patrick J. McDonnell, Esquire 2.01±1 AUG 2 3 Will: t4 i Attorney I.D.No. 62310 pmcdonnellnamcda-law.com i'Uf° RLAID COUNT By: Nancy E. Zangrilli, Esquire t E NN S Y L A N1 A Attorney I.D.No. 91150 nzan gri l l i gmc da-1 aw.com Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia,PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street,Apt. 1 OF CUMBERLAND COUNTY, PA Harrisburg,PA 17110 Plaintiff V. CIVIL ACTION-LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle, PA 17013 Defendant 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. McDONNELL & ASSOCIATES,P.C. Dated: August 20, 2013 By: Nancy E. ngrilli, s uir RULE TO FILE COMPLAINT AND NOW, this day of , 2013 a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty(20) d s after service hereof or suffer the entry of a Judgment of Non Pros. Pr honotary pw b. Z. 82.802 MCDONNELL&ASSOCIATES,P.C. By: Patrick J. McDonnell, Esquire. Attorney I.D.No. 62310 pmcdonnell a,mcda-law.com By: Nancy E.Zangrilli,Esquire Attorney I.D.No. 91150 nzan rg illigmcda-law.com Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia,PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street,Apt. 1 OF CUMBERLAND COUNTY,PA Harrisburg,PA 17110 Plaintiff V. CIVIL ACTION- LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle, PA 17013 Defendant CERTIFICATE OF SERVICE I,Nancy E. Zangrilli,Esquire, hereby certify that a true and correct copy of the Praecipe for Rule to File Complaint on behalf of Defendant, Wal-Mart, was filed with the Court and served via U.S. First Class mail,postage pre-paid on August 20, 2013 upon the following: Joseph J. Dixon,Esquire 126 State Street Harrisburg, PA 17101 Attorney for Plaint MCDONNELL&ASSOCIATES,P.C. r- Dated: August 20, 2013 By: 62AJ21 PZ.4� Nancy E. Zqjgrilli, s uir Attorney for Defen t FILED-OFFICE sz.so2 elf' TESL PROTHONOTARI MCDONNELL&ASSOCIATES,P.C. By: Patrick J. McDonnell, Esquire 2013 AUG 30 PM 2: 11 Attorney I.D.No. 62310 CUMBERLAND COUNTY pmcdonnellgmcda-law.com PENNSYLVANIA By: Nancy E. Zangrilli, Esquire Attorney I.D.No. 91150 nzangrilli(a.mcda-law.com Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street, Apt. 1 OF CUMBERLAND COUNTY, PA Harrisburg, PA 17110 : Plaintiff V. CIVIL ACTION - LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle, PA 17013 = Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Wal-Mart, in the above-captioned matter. MC NNELL ASSOCIATES,P.C. Dated: August 27, 2013 By: Pat 'ck J. McDonnell,Esquire Attorney for Defendant 82.802 MCDONNELL&ASSOCIATES,P.C. By: Patrick J. McDonnell,Esquire Attorney I.D.No. 62310 pmcdonnell&mcda-law.com By: Nancy E. Zangrilli, Esquire Attorney I.D.No. 91150 nzangrilligmcda-law.com Metropolitan Business Center 860 First Avenue, Suite 5B King of Prussia, PA 19406 Telephone- 610-337-2087 Facsimile - 610-337-2575 Attorneys for Defendant Wal-Mart A Q ALICIA N. BROWN IN THE COURT OF COMMON PLEAS 2227 Green Street, Apt. I OF CUMBERLAND COUNTY, PA Harrisburg, PA 17110 Plaintiff V. CIVIL ACTION - LAW WAL-MART NO. 2013-04552 60 Noble Road Carlisle,PA 17013 Defendant CERTIFICATE OF SERVICE I Patrick J. McDonnell, Esquire,hereby certify that on August 27, 2013 a true and correct copy of my Entry of Appearance on behalf of Defendant, Wal-Mart, was served via first class mail postage prepaid on the following counsel of record: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Attorney for Plaintiff MCDONNE &ASSOCIATES,P.C. Dated: August 27, 2013 BY: J. Dy' k J. McDonnell,ASSOCIATES, r Attorney for Defendant FI LED-G F FIC-E OF THE PPC� T�ONO 1,11% 2013 SEP -9 Ali 1 : 3" CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS ALICIA BROWN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 13-4552 V. CIVIL ACTION—LAW WAL-MART, JURY TRIAL DEMANDED Defendant NOTICE 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 OUR 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier gueja o alivio gue es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle,PA 17013 (717) 240-6200 By: Jose h . ixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff ALICIA N. BROWN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13-4552 WAL-MART, CIVIL ACTION—LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of �i , 2013, comes the Plaintiff, Alicia Brown, by and through her Attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows: 1. The Plaintiff is Alicia Brown, an adult individual who resides at 2227 Green Street, Apt. 1, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant, Wal-Mart is a business corporation who has one principal place of business at 60 Noble Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. At all times material hereto, the Plaintiff was in the course and scope of employment as a home health aide with Global Healthcare Group. 4. On or about August 6, 2011, at approximately 12:30 p.m., the Plaintiff went to the Defendant's store with a disabled patient so that the patient could go shopping. 5. At said time and place, unknown to the Plaintiff, the store of the Defendant had a roof leaking water onto the floor in one of the isle ways. 6. At said time and place,the Plaintiff slipped and fell on the water on the floor causing severe personal injuries to her. These are injuries are detailed later in this Complaint. 7. The injuries sustained by the Plaintiff were caused by the negligence and carelessness of the Defendant which consists of the following: (a.) Failure to properly maintain a store for business invitees. (b.) Failure to provide a safe passage for business invitees who are coming to shop. (c.) Failure to post warning signs of slippery conditions in the isle ways. (d.) Failure to correct a hazardous condition in the isle way of a retail store. (e.) Failure to correct a hazardous condition which the Defendant knew or should have known of (f) Failure to conduct proper maintenance of a retail store. (g.) Failure to properly supervise maintenance personnel and or agents or assigns who were to provide maintenance for a store. (h.) Failure to inspect isle ways for hazardous conditions. 8. The injuries sustained by the Plaintiff were solely caused by the actions and or inactions or admissions of the Defendant and its employees and/or assigns. 9. The Defendant, Wal-Mart is vicariously responsible for all conduct of their employees, agents and assigns. 10. The injuries sustained by the Plaintiff were in no way caused by her actions or conduct. 11. As a sole and proximate result of the incident described herein, the Plaintiff suffered the following injuries: bilateral ankle sprains, left knee sprain, tendonitis of the tibialis anticus of the right foot, synovitis of the left ankle, micro fracture of the talus of the right ankle, fracture of the neck of the talus of the right ankle, swelling of the right ankle,joint stiffness, tendonitis of the right foot, degenerative changes in right ankle. 12. As a result of the injuries sustained in this incident, the Plaintiff had to use crutches and wear a boot for a significant period of time while she was pregnant. 13. The Plaintiff has in the past and will in the future undergo great pain and suffering. 14. The Plaintiff believes and therefore avers that she will have permanent limitations in her physical ability to do personal and vocational activities as a result of this incident. 15. As a result of the injuries sustained in this incident, the Plaintiff has suffered a loss of wages and income. The total amount of this loss is unascertained at this time. 16. As a result of the injuries sustained, the Plaintiff has had to incur medical expenses in the past and will incur additional medical expenses. The total amount of this loss is unascertained at this time. WHEREFORE, the Plaintiff prays this Honorable Court enter judgment against the Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), an amount requiring compulsory arbitration. Respectfully Submitted, By: Joseph J. Dixon, squire Attorney ID No. 28290 125 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Plaintiff Dated: VERIFICATION I verify that the statements made in this (f �1,�� , are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: CERTIFICATE OF SERVICE AND NOW, this 4—day of aw 2013, I, Joseph J. Dixon, Esquire, hereby certify that I have served a true and correct copy of Complaint this day by depositing the same in the United States Mail first class,postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed to: Nancy E. Zangrilli, Esq. McDonnell & Associates, P.C. Metropolitan Business Center 860 1St Avenue, Suite 5B King of Prussia, PA 19406 The Law Office of Joseph J. Dixon, Esquire oseph J. Dixon Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 233-8757 Attorney for the Plaintiff MCDONNELL&ASSOCIATES,P.C. By: Patrick J. McDonnell, Esquire To Plaintiff: You are hereby notified to plead Attorney I.D.No. 62310 to the enclosed New Matter within twenty(20) pmcdonnella,mcda-law.com days of service hereof or judgment may be entered against y U. By: Nancy E. Zangrilli, Esquire Attorney I.D.No. 91150 _ C; nzan rg illikmcda-law.com 111ancy E. ngrill*, E qu' e C= Metropolitan Business Center Attorney fo efen Wa art rn -r - 860 First Avenue, Suite 5B =rn M = King of Prussia, PA 19406 Telephone - 610-337-2087 ca Facsimile - 610-337-2575 :x Attorneys for Defendant Wal-Mart C= °M ALICIA N. BROWN IN THE COURT OF COMMON PLAS Plaintiff OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW WAL-MART NO. 2013-04552 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant Wal-Mart(more properly pleaded as Wal-Mart Stores East, LP, and hereinafter referred to as "Wal-Mart"), by and through its attorneys, Law Office of McDonnell & Associates, P.C., hereby answer Plaintiffs Complaint and avers New Matter, as follows: I. PARTIES 1. Denied as this Paragraph asserts no allegations against Wal-Mart. 2. Denied. Wal-Mart is a fictitious entity. By way of further response, Wal-Mart Stores East, LP, is the operating entity of store#2574 at issue in this litigation. Wal-Mart Stores East, LP, is a Delaware limited partnership with a principal place of business located in Bentonville, Arkansas. 3.-7... Denied pursuant to Pa.R.C.P. 1029(e). 8.-9. Denied. Wal-Mart is without sufficient information to form a belief as to the truth of the averments contained in Paragraphs 8 and 9, as to any unnamed agents, servants, workmen and/or employees. All other allegations are denied, pursuant to Pa.R.C.P. 1029(e). 10.-16. Denied, pursuant to Pa.R.C.P. 1029(e). NEW MATTER 17. Plaintiff's claims are barred because Plaintiff was injured as a result of an assumed risk. 18. Plaintiff failed to take due care for her own safety. 19. Plaintiff's claims are barred insofar as Plaintiff failed to mitigate her damages. 20. Plaintiff's claims and causes of action are barred by operation of the applicable statute of limitations. 21. Plaintiff's claims and causes of action are barred by waiver, estoppel and/or laches. 22. Wal-Mart had no actual or constructive notice of any condition alleged by Plaintiff. 23. If Plaintiff sustained damages, such damages were caused by the negligence of a third parry over which Wal-Mart exercised no control. 24. If Plaintiff sustained damages, such damages were caused by intervening or superceding events or factors over which Wal-Mart exercised no control. 25. If Plaintiff executed a Release releasing any person or entity from liability arising from the accident or occurrence described in Plaintiff's Complaint, Wal-Mart is similarly released from any such liability. 26. If Plaintiff seeks compensatory damages for expenses related to medical tests, medications, and treatment, such damages are reduced by the holding in Moorehead v. Crozer Chester Medical Center, 557 Pa. 630 (1998), to the amounts actually due and payable. 27. Plaintiff's claims and causes of action are barred by reason of Plaintiff's contributory negligence, or alternatively, are reduced by the percentage of Plaintiff's comparative negligence. WHEREFORE,Defendant demands judgment in its favor and against Plaintiff together with costs, attorneys' fees and such other relief that this Court deems just and appropriate. McDONNELL & ASSOCIATES,P.C. Dated: September 18, 2013 By: Patrick IcDo 1, ire Attorne . N . 6231 Nancy E. Zangrilli, Esquire Attorney I.D. No. 91150 Attorney for Defendant Wal-Mart VERIFICATION I, Nancy E. Zangrilli, Esquire, am an attorney at law, who represents Defendant Wal- Mart in this matter and make this Verification,pursuant to Rule 1024(c)(2), that said Defendant is outside the jurisdiction of the Court and the Verification of the Answer with New Matter cannot be obtained within the time allowed for filing the within pleading. MCDONNELL & ASSOCIATES,P.C. By: ASAAIA W. Nancy E. gril , sq i e Dated: September 18, 2013 CERTIFICATE OF SERVICE I,Nancy E. Zangrilli, Esquire, hereby certify that a true and correct copy of Defendant's Answer with New Matter was served upon Plaintiff's counsel via facsimile on September 18, 2013, as follows: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Facsimile: 717-233-5860 Attorney for Plaintiff McDONNELL & ASSOCIATES, P.C. A A1110 By: & I —,— Az� . Nancy E. ng , s 0AttorneyODe f dant l-Mart Dat c -- 2C111 /TR 28 pi f., ALICIA N. BROWN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2013-04552 v. WAL -MART CIVIL ACTION — LAW CORPORATION, Defendant JURY TRIAL DEMANDED PRAECIPE TO MARK SATISFIED AND DISCONTINUED Please mark the above - captioned case satisfied and discontinued. Respectfully submitted, By. Joseph J. Dixon, Esquire Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236 -8515 Attorney for Plaintiff