Loading...
HomeMy WebLinkAbout05-0377 Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney J.D. No. 87737 P,O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs(a)mwke.com BRENDA G. MILLS 139 West North Street Carlisle, PA 17013 v. Plaintiff KARN'S PRIME & FANCY FOOD, LTD. 5430 Jonestown Road Harrisburg, PA 17112 KARN'S PRIME & FANCY FOOD, LTD., : t/d/b/a KARN'S FOOD Corporate Office 675 Silver Spring Road Mechanicsburg, P A 17050 KARN'S FOOD 413 Forge Road Boiling Springs, PAl 7007 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. oS -~17 C'/CJlLTEa..."'I JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS 319354.1 TO THE PROTHONOTARY: Please issue a Writ of Summons against the Defendants in the above-captioned action. The Writ shall be issued and forwarded to the Sheriff of Cumberland County for service and for deputizing the Sheriff of Dauphin County. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ( j) ~ "--' " - - Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: \ - \<\- Q';- 319354-/ ~ (.) 'G 1[ ~ 0 ...... >J (3 ~ ,..() to) l'_' ~ c'.) C) ..c f' ~::::;) -n G "-" ...:J N ~ ~ l .....,.. ...:.;- t 1',' CJ -L., ",-I ..-'" --,,(, 6) " . -< GO Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew C. Spears, Esquire Attorney LD. No. 87737 P.O, Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs(qlmwke.com Attorneys for Plaintiff BRENDA G. MILLS 139 West North Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DOCKET NO, oS - 3'77 C!U.~~ KARN'S PRIME & FANCY FOOD, LTD. 5430 Jonestown Road Harrisburg, P A 17112 KARN'S PRIME & FANCY FOOD, LTD., : tJdIb/a KARN'S FOOD Corporate Office 675 Silver Spring Road Mechanicsburg, P A 17050 KARN'S FOOD 413 Forge Road Boiling Springs, P A 17007 Defendants JURY TRIAL DEMANDED WRIT OF SUMMONS 3/9354-/ TO: Karn's Prime & Fancy Food, Ltd. 5430 Jonestown Road Harrisburg, P A 17112 You are hereby notified that Plaintiff, Brenda G. Mills, has commenced an action against you. ~k~ Prothonotary 4 Dated:--...Jd.,,'). ;Jf) :J~ , 3/9354-/ Philip L. Gazan, Esquire Attorney 1.0. #29570 Michael A. John, Esquire Attorney LD, #69936 GAZAN & JOHN, P.c. 25 East Marshall Street Norristown, PA 19401 (610) 272-4455 Attorney for Defendants BRENDA G. MILLS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. NO. 05-377 CIVIL TERM KARN'S PRIME & FANCY FOOD, L TO, And KARN'S PRIME & FANCY FOOD, LTD. t/d/b/a KARN'S FOOD And KARN'S FOOD JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance for defendants, Karn's Prime & Fancy Food, Ltd., Karn's Prime & Fancy Food, Ltd. t/d/h/a Karn's Food and Karn's Food in the above captioned matter. GAZAN & JOHN, P.c. e I (""',. f"- \ / ''L--/ Date: 'll \ / '1- (') -6-:> , ' 7~ ~ ~ r-:' ~ ~ ~ ~ ~ cs -.\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PA CIVIL DIVISION BRENDA G. MILLS JURY TRIAL DEMANDED vs. KARN'S PRIME & FANCY FOOD, LTD. KARN'S PRIME & FANCY FOOD, LTD. tld/b/a KARN'S FOOD and KARN'S FOOD: FILE NO. 05-377 Civil Term PRAECIPE AND RULE TO FILE XX COMPLAINT BILL OF PARTICULARS PRAECIPE AND RULE TO FILE COMPLAINT TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on Plaintiff. Brenda G. Mills to file a Complaint in the above case within twenty (20) days after service of the rule or the Prothonotary/Clerk, upon praecipe, shall enter a judgment non pros. DATE: 2\1'310< Signature: Print Michael A. John Es u Attorney for: Defendants Address: Gazan & John, P.C. 25 East Marshall Street Norristown, PA 19401 Telephone Number: 610-272-4455 Supreme Court ID No 69936 l.~, L...----' NOW, j:;,.~ ' ;)L/ I .2005, RULE ISSQZ~. ~ Prothonotary~ 0- 1lY: A0>o"P,~~ eputy (NOTE: File in duplicate) .........---- ~ ...... ~ r; tj- Z/ ~ ~ ~ -' - Metzger, Wickersham, Knauss & Erb, P.e. By: Andrew C, Spears, Esquire Attorney l.D, No. 87737 P.O, Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 acs(aJ,mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRENDA G. MILLS v. CIVIL ACTION - LAW KARN'S PRIME & FANCY FOOD, LTD., KARN'S PRIME & FANCY FOOD, LTD., t/d/b/a KARN'S FOOD, and KARN'S FOOD, Defendants DOCKET NO, 05-377 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Karn's Prime & Fancy Food, Ltd., Karn's Prime & Fancy Food, Ltd., t/d/b/a KARN'S FOOD, and Karn's Food, Defendants c/o Phillip L. Gazan, Esquire Michael A. John, Esquire Gazan & John, P.C. 25 East Marshall Street Norristown, PA 19401 Attorneys for Defendants 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 322471 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 Plaintiffs, 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 INFORMA TlON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 32247\ NOT1CIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted qui ere 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso a notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. S1 NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUF1CffiNTE DE PAGAR TAL SERV1C10, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUY A DIRECC10N SE ENCUENTRA ESCRITA ABNO PARA AVERIGUAR DONDE SE PUEDE CONSEGUJR AS1STENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 322471 Metzger, Wickersham, Knauss & Erb, P.C. By: Andrew C, Spears, Esquire Attorney LD, No. 87737 By: Francis J, Lafferty, Esquire Attorney LD, No. 84009 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs(a)mwke.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRENDA G. MILLS v. CIVIL ACTION - LAW KARN'S PRIME & FANCY FOOD, LTD., KARN'S PRIME & FANCY FOOD, LTD., tld/b/a KARN'S FOOD, and KARN'S FOOD, Defendants DOCKET NO, 05-377 CIVIL TERM JURY TRIAL DEMANDED CIVIL COMPLAINT 1. Plaintiff, Brenda G. Mills, is an adult individual currently residing at 139 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Kam's Prime & Fancy Food, Ltd., is a Pennsylvania corporation with a Pennsylvania registered address of 5430 Jonestown Road, Harrisburg, Dauphin County, Pennsylvania, 17112, and a corporate office address of 675 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, which also trades and does business as Kam's Food, 322471 with a store located at 413 Forge Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. At all times material hereto, Defendants owned, occupied, possessed, maintained, controlled, and operated the Kam's Food store located at 413 Forge Road, Boiling Springs, Cumberland County, Pennsylvania, 17007, 4. On February 16,2003, Plaintiff, Brenda G. Mills, was a business invitee ofKam's Food and was grocery shopping on that date, 5. After Plaintiff had placed her shopping cart in line for the cashier checkout, she turned, because she had forgotten one item, and encountered a large puddle of ice and water which had accumulated in the customer walkway of the floor causing her to fall, injuring her lower back. COUNT I N el!:lil!:ence Brenda G, Mills v. Defendants 6, Paragraphs 1 through 5 hereof are incorporated herein by reference as if fully set forth, 7. At the time of Plaintiff, Brenda G. Mills' aforesaid fall, she was a business invitee ofKam's Food, 8. Defendants knew or should have known of the dangerous condition at the store and knew or should have expected that its customers would not discover the hazard and should have protected its customers against the hazard, - 2 - 322471 9. Defendants had a duty as store owners to keep their store, customer walkway, and/or floor area clear of ice, water, and snow which would cause a walking hazard to their customers and which could cause their customers to slip and fall, 10. Karn's Food, 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, Brenda G. Mills, in particular, and was negligent in the following particulars: (a) Failing to clear the store, customer walkway, and/or floor of ice, snow, and/or water; (b) Allowing ice, snow, and/or water to accumulate in its store, customer walkway, and/or floor of the Karn's Food store; (c) Failing to take the necessary protective and precautionary measures to ensure that its customers, including Plaintiff, Brenda G. Mills, had a safe floor, walkway, and/or store area and were not subject to a slipping/tripping hazard; (d) Failing to place anti-slip material or floor mats on the floor, walkway, and/or store area to ensure that the area was safe for its customers, including Plaintiff, Brenda G, Mills; (e) Failing to warn its customers and Plaintiff, Brenda G. Mills, in particular, ofthe dangerous accumulation of ice, snow, and/or water, to include failing to have in place any warning signs; (f) Failing to properly inspect its store, customer walkway, and/or floor to avoid the accumulation of chunks of ice, snow, and/or water and the situation which occurred to Plaintiff, Brenda G. Mills; (g) Otherwise failing to eliminate or to remove the dangerous accumulation of ice, snow, and/or water in the store, customer walkway, and/or floor area; (h) Failing to have in place the necessary personnel, employees, workmen, servants, agents, and/or independent contractors available to clean/clear the store, customer walkway, and/or floor area; (i) Failing to treat or otherwise attend to the store, customer walkway, and/or floor area so that it is not slippery or dangerous to customers, including Plaintiff, Brenda G. Mills; - 3 - 322471 (j) Failing to supervise employees, servants, workmen, agents, and/or independent contractors to ensure that the store, customer walkway, and/or floor area of the Karn's Food store was clear and free from hazardous materials such as ice, snow, and/or water; (k) Failing to have an alternate location where customers, including Plaintiff, Brenda G. Mills, could safely walk to avoid the hazardous accumulation of ice, snow, and/or water at the Karn's Food store; (I) Failing to barricade, rope off, or otherwise bar access to the hazardous accumulation of ice, snow, and/or water so that customers, including Plaintiff, Brenda G. Mills, did not have to travel through it; (m) Failing to employ the necessary maintenance personnel to clear and/or attend to the store, customer walkway, and/or floor area so that there was not a dangerous accumulation of ice, snow, and/or water; (n) Failing to have in place a program to prevent and/or respond to such dangerous accumulations of ice, snow, and/or water and to prevent such fails; (0) Failing to adequately train its employees, servants, workmen, agents, and/or independent contractors to ensure that the store, customer walkway, and/or floor area was clear and free from hazardous materials such as ice, snow, and/or water, or that other protective measures are taken to protect its customers, including Plaintiff, Brenda G. Mills, from falling; (p) Failing to properly instruct its employees, servants, workmen, agents, and/or independent contractors on the necessity of clearing and keeping safe the store, customer walkway, and/or floor area of the Kam's Food store; (q) Hiring or retaining an employee, servant, workman, agent, independent contractor, tenant, and/or lessee who is unfit or incompetent to keep the store, customer walkway, and/or floor area clear and free from hazardous materials such as ice, snow, and/or water, and to take the other protective measures necessary to protect its customers, including Plaintiff, Brenda G, Mills, from falling; and (r) Failing to inspect the store, customer walkway, and/or floor area to ensure that no hazardous condition existed, including accumulations of ice, snow, and/or water, for its customers, including Plaintiff, Brenda G. Mills. - 4- 322471 II. As a direct and proximate result of the negligence of Defendants, Plaintiff, Brenda G, Mills, 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) Trauma injury to her lower back. 12. As a direct and proximate result of the aforesaid negligence of Defendants, Plaintiff, Brenda G, Mills, was forced to incur medical bills and expenses for the diagnosis and treatment of the injuries she has suffered, and will reasonably incur in the future further medical bills and expenses for the treatment and care of her continuing injuries. 13. As a direct and proximate result of the aforesaid negligence of Defendants, Plaintiff, Brenda G, Mills, 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. 14, As a direct and proximate result of the aforesaid negligence of Defendants, Plaintiff, Brenda G. Mills, has undergone and in the future will undergo great mental and physical pain and suffering, mental anguish, discomfort, inconvenience, and distress, embarrassment and humiliation, past, present, and future loss of her ability to enjoy the pleasures of life, and limitations in her pursuit of daily activities, all to her great loss and detriment. 15. As a direct and proximate result ofthe aforesaid negligence of Defendants, Plaintiff, Brenda G. Mills, has also suffered incidental costs and expenses including, but not limited to, medication expenses and/or medical appliance expenses. WHEREFORE, Plaintiff, Brenda G. Mills, demands judgment against the Defendants, either individually and/or jointly and severally, for the aforesaid damages in an amount which - 5 - 322471 exceeds the limits of compulsory arbitration in Cumberland County, Pennsylvania, plus interest and/or damages for delay, and costs of prosecution, METZGER, WICKERSHAM, KNAUSS & ERB, P.c. By \).1 c: -Rr Andrew C. Spears, Esquire Attorney LD, No. 87737 FE~llire Attorney LD. No. 84009 By P.O, Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: .3 - / I- DS - 6 - 322471 VERIFICATION I, Brenda G. Mills, 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.SA, 94904 relating to unsworn falsification to authorities, ~jM_~,~()Q,v Brenda G, Mills Dated: S//D)D<::; , , 322471 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Civil Complaint with reference to the foregoing action by first class mail, postage prepaid, this ~ay of March, 2005, on the following: Philip L. Gazan, Esquire Michael A. John, Esquire Gazan & John, P.C. 25 East Marshall Street Norristown, PA 19401 ~C(~ - Andrew C, Spears, Esquire 322471 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION BRENDA G. MILLS JURY TRIAL DEMANDED vs. KARN'S PRIME & FANCY FOOD, L TD, KARN'S PRIME & FANCY FOOD, LTD. t/dlb/a KARN'S FOOD and KARN'S FOOD: FILE NO. 05-377 Civil Term PRAECIPE AND RULE TO FILE XX COMPLAINT BILL OF PARTICULARS CERTIFICATE OF SERVICE I, Michael A. John, Esquire, hereby certify that a true and correct copy of Praecipe and Rule to File Complaint has been served upon the following persons: Andrew C. Spears, Esquire Metzger, Wickersham, Knauss & Erb, P.C. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Via: First Class Mail on (Form of Delivery, e.g. Mail/Courier etc.) March 9, 2005 (Current Date) ) - SHERIFF'S RETURN - REGULAR CASE NO: 2005-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLS BRENDA G VS KARN'S PRIME & FANCY FOOD ETAL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KARN'S PRIME & FANCY FOOD LTD T/D/B/A KARN'S FOOD the DEFENDANT , at 0915:00 HOURS, on the 26th day of January ,2005 at 675 SILVER SPRING ROAD MECHANICSBURG, PA 17050 by handing to BRUCE RUDDOROW, VICE PRESIDENT ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 7.40 .00 10.00 .00 23.40 So Answers: -/t;:Z,,/ ..Y ".,' . ~/0. . (,.<-:~:",.~,,;~f R. Thomas Kline Sworn and Subscribed to before 02/04/2005 METZGER WICKERS~ ~ J By: I~ fft~ f~ Deputy Sheriff 10 me this /1 ~ day of d..lL"""J JiJc.:( A.D. C 4/1.-<...- Q.fhAP~P.. A L,c I rothonotary ,'-~' SHERIFF'S RETURN - REGULAR CASE NO: 2005-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLS BRENDA G VS KARN'S PRIME & FANCY FOOD ETAL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KARN'S FOOD the DEFENDANT , at 1505:00 HOURS, on the 26th day of January , 2005 at 413 FORGE ROAD BOILING SPRINGS, PA 17007 by handing to PAUL HOOVER, STORE MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.70 .00 10.00 .00 19.70 So Answers: /~ /' .. >>./-:' ~ .hk-:,,,Kp-,>,.,,o.,,,:,<,['_':::/~...R .r .. ,..- ~f ' R. Thomas Kline Sworn and Subscribed to before 02/04/2005 METZGER WICKERS~ By: ,/1tfJ 11< A Deputy Sheriff (:.- me this / / ~ day of 1, fl~,<, ""7 d OV {' A.D. ~ Q ~'-' ,Dn-h P othonotary ,~7 ,. , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-00377 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLS BRENDA G VS KARN'S PRIME & FANCY FOOD ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KARN'S PRIME & FANCY FOOD LTD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 4th, 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 18.00 9.00 10.00 31. 25 .00 68.25 02/04/2005 METZGER WICKERSHAM S a ./ o nsw,,:w- ./_ <p~~...C R. THomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 11/2 day ofJ.J'''''''''1 ;2o-v:s A.D. Ll,--. Q i'Yu~t1,..J A~ f Prothonotary' . ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Brenda G. Mills 'is. Kam 's Prime & Fancy Food LTD No. 05-377 civil Now, January 25. 2005 , I, SHERIFF OF CUMBERLA..'ID COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~. .."I->;~? r ..-1',;..>"~,,-....."!t1-<:'''tr',,=,.(i;::~~ SheriffofCurnberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ . ' '" @iiit~ of tlyc ~4criff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph, (717) 255.2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MILLS BRENDA G vs County of Dauphin KARNS PRIME & FANCY FOOD LTD Sheriff's Return No. 0169-T - -2005 OTHER COUNTY NO. 05-377 AND NOW:January 28, 2005 at 10:00AM served the within WRIT OF SUMMONS upon KARNS PRIME & FANCY FOOD LTD by personally handing to MICHAEL EICHELBERGER MANAGER o true attested copy(ies) of the original WRIT OF SUMMONS and making known to himlher the contents thereof at 5430 JONESTOWN ROAD HARRISBURG, PA 17112-0000 Sworn and subscribed to So Answers, !K~ before me this 2ND day of FEBRUARY, 2005 Sheriff of Dauphin County, Pa. ~&J .-l" ---"<",1 . r- f. ,-;-"~?:t;':,,,.,;.t,j ~.~ , ;,. ,,-,'~ "'."""-" By NOTARIAL SEAL MARY JANE SNYDER, Notal)' Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Deputy Sheriff Sheriff's Costs:$O.OO PD 00/00/0000 RCPT NO TS Philip L. Gazan, Esquire Attorney LD. #29570 Michael A. John, Esquire Attorney LD. #69936 GAZAN & JOHN, P.c. 25 East Marshall Street Norristown, PA 19401 (610) 272-4455 Attorney for Defendants BRENDA G. MILLS IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNT ,PA v. NO. 05-377 CIVIL TERM KARN'S PRIME & FANCY FOOD, LTD. And KARN'S PRIME & FANCY FOOD, LTD. t/dIb/a KARN'S FOOD And KARN'S FOOD JURY TRIAL DEMANDED ANSWER AND NEW MATTER Defendant, Karn's Prime & Fancy Food, Ltd., Karn's Prime & Fancy Food, td t/d/b/a Karn's Food and Karn's Food, by and through its counsel, Michael A. John, Esquir hereby files its Answer to Plaintiff, Brenda G. Mill's Complaint with New Matter, and in suppo thereof avers as follows: I, The allegations in this paragraph contain factual averments w ich are solely within the knowledge of the plaintiff. Accordingly, after reasonable investig ion, a responsive pleading cannot be formed hereto and defendants will insist upon strict p oof of same at the time of trial. 2. Admitted. 3. Denied. The averments in this paragraph constitute conclusi ns of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 4, Denied. After reasonable investigation, defendant is without ufficient information to either admit or deny the averments of this paragraph. Accordingly, t ese averments are deemed denied and defendant will insist upon strict proof of same at he time of trial. I 5, Denied, After reasonable investigation, defendant is without ufficient , information to either admit or deny the averments of this paragraph. Accordingly, t averments are deemed denied and defendant will insist upon strict proof of same at trial. By way of further answer, defendant, after reasonable investigation, is withou knowledge as to the injuries and/or damages allegedly sustained by plaintiff and will insist upo strict proof of the same at the time of trial. COUNT I Nel!:lil!:ence Brenda G. Mills v. Defendants 6. Answering defendant incorporates its answers I through 5 of laintiffs complaint as if it were set forth at length herein. 7. Denied, The averments contained in this paragraph constitut conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure. By way of further answer, defendant, after reasonable investigation, is without knowled e as to the injuries and/or damages allegedly sustained by plaintiff and will insist upon strict pr of of said at the time of trial. 8. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure, By 2 way offurther answer, and without waiving the aforementioned denial, it is denied t at defendant was negligent at any time material hereto, On the contrary, at all times m terial hereto, defendant acted in a proper, prudent, cautious and safe manner, and exercise due and reasonable care under the circumstances. 9. Denied. The averments contained in this paragraph constitut conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure. By way of further answer, and without waiving the aforementioned denial, it is denied t at defendant was negligent at any time material hereto. On the contrary, at all times m terial hereto, defendant acted in a proper, prudent, cautious and safe manner, and exercise due and reasonable care under the circumstances. IO(a)-(r) Denied. The averments contained in this paragraph constitu e conclusions oflaw to which no response is required under the Pennsylvania Rules 0 Civil Procedure, By way of further answer, and without waiving the aforementioned deni I, it is denied that defendant was negligent at any time material hereto, On the contrary, at II times material hereto, defendant acted in a proper, prudent, cautious and safe manner, and xercised due and reasonable care under the circumstances. ll(a) Denied. The averments contained in this paragraph constitute onclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure. By way of further answer, defendant, after reasonable investigation, is without knowled e as to the injuries and/or damages allegedly sustained by plaintiff and will insist upon strict pr of of same at the time of trial. 12. Denied, The averments contained in this paragraph constitute onclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure. By 3 way of further answer, defendant, after reasonable investigation, is without knowle ge as to the injuries and/or damages allegedly sustained by plaintiff and will insist upon strict p of of same I I at the time of trial. I I 13. Denied. The averments contained in this paragraph constitut conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proc dure. By way of further answer, defendant, after reasonable investigation, is without knowle e as to the injuries and/or damages allegedly sustained by plaintiff and will insist upon strict pr of of same at the time of trial. 14. Denied. The averments contained in this paragraph constitut conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proc way of further answer, defendant, after reasonable investigation, is without knowle injuries and/or damages allegedly sustained by plaintiff and will insist upon strict pr of of same at the time of trial. 15. Denied. The averments contained in this paragraph constitut conclusions of law to which no response is required under the Pennsylvania Rules of Civil Proce ure. By way of further answer, defendant, after reasonable investigation, is without knowled e as to the injuries and/or damages allegedly sustained by plaintiff and will insist upon strict pr of of same at the time of trial. WHEREFORE, Answering Defendants, Karn's Prime & Fancy Food Ltdl, rn's Prime and Fancy Food, Ltd. t/d/b/a Karn's Food, and Karn's Food, demands judgment in i favor and against plaintiff, together with interest and attorneys' fees and any other costs allow ble by law. 4 NEW MATTER 16, Answering defendant incorporates its answers I through IS 0 plaintiffs , complaint as if it were set forth at length herein. 17. Plaintiff s cause of action is or may be barred or otherwise Ii doctrine of comparative negligence. 18. Plaintiffs cause of action is or may be barred or otherwise Ii doctrine of assumption of the risk. 19. Any and all direct claims against answering defendant, are or barred or otherwise limited by the applicable statute oflimitations or statute of repo e. 20. The injuries sustained by plaintiff, if any, were caused by the egligence of others over whom the answering defendant had no control and whose conduct th had no reason to anticipate. 21. Plaintiff s cause of action may be barred or otherwise limited y the doctrine of superseding and/or intervening cause. 22. Plaintiffs complaint fails to state a cause of action upon whic relief may be granted. 23. In the event that plaintiffrequests damages for delay pursuant to the Pennsylvania Rule of Civil Procedure 238, answering defendant challenges the appl' ability and constitutionality of said rule and places it at issue. 24. Defendant reserves the right to interpose such other defenses dlor objections to the allegations set forth in plaintiffs complaint as continuing investiga ion and discovery may disclose. 5 WHEREFORE, Answering Defendants, Karn's Prime & Fancy Foodl Lldl, Karn's I Prime and Fancy Food, Ltd. t/d/b/a Karn's Food, and Karn's Food, demands judgm~int in its i , favor and against plaintiff, together with interest, attorneys' fees, and any other cost allowable bylaw. GAZAN & JOHN, P.C. 6 VERIFICATION I do hereby state that I am attorney for defendant herein and as such I am aut orized to take this verification on their behalf; the facts set forth in the foregoing Answer and ew Matter are true and correct to the best of my knowledge, information and belief. I underst statement is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn fa sification to authorities. Dated: 5/2{/o" , c> ~, '-, ~-;> C,"1 (,,'\ -_\ :.,:"' -" f",} ,-0 ....., en 0'\ Metzger. Wickersham, Knauss & Erb, P,C. By: Francis J. Lafferty, Esquire Attorney J.D. No. 84009 P,O, Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 acs @mwke.com Attorneys for Plaintif Plaintiff IN THE COURT 0 COMMON PLEAS OF CUMBERLAND C UNTY, PENNSYLVANIA BRENDA G. MILLS v, CIVIL ACTION - KARN'S PRIME & FANCY FOOD, LTD., KARN'S PRIME & FANCY FOOD, LTD., t/d/b/a KARN'S FOOD, and KARN'S FOOD, Defendants DOCKET NO. 05-3 7 CIVIL TERM PLAINTIFFS' REPLY TO NEW MATTER OF DEFEN ANTS 16. Paragraphs 1 through 15 of Plaintiffs Complaint are incorpo ated herein by reference as if fully set forth herein. 17, Conclusion oflaw, no reply required. If a reply is required, t e averments are denied pursuant to Pa.R.C,P. No. 1029(e) and 1030(note). By way of furt er reply, Brenda G. Mills did not directly and proximately cause or contribute to her injuries an or damage. 18. Conclusion of law, no reply required. If a reply is required, t averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, Pla'ntiff, a business invitee of Defendant at the time of the injury, was not negligent in any manner d did not assume any risk. 19, Conclusion oflaw, no reply required. Ifa reply is require, the averments are denied pursuant to Pa. R.C.P. No. 1029(e). By way of further reply, a omplaint was filed on March 14, 2005, and served promptly on Defendants within the time allowed by the Pennsylvania Rules of Civil Procedure. 20, Conclusions oflaw, no reply required. If a reply is require, the averments are denied pursuant to Pa.R.C.P. No. l029(e) and No. l030(note). By way 0 further reply, Plaintiff was not negligent in any manner and answering Defendants have failed specify the "others" who may have caused Plaintiffs injury. Furthermore, Defendants have ailed to specify what acts or omissions on the part of others allegedly cause in whole or in part laintiffs injuries and damages and, therefore, Plaintiff cannot fully reply, 21. Conclusion oflaw, no reply required, If a reply is required, he averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Defe dants' duties of care were set forth in the Complaint filed in this action as was the manner n which Defendants breached these duties. By way of further reply, Defendants have failed to pecify what persons and/or entities other than Defendants allegedly constituted an intervenin and/or superceding cause thereby obviating liability on the part of answering Defendants, there ore, Plaintiff cannot fully reply. 22. Conclusion oflaw, no reply required. If a reply is required, t e averments are 324577-1 denied pursuant to Pa.R.c.P. No. 1029(e). By way of further reply, Plain iff has stated a cause of action upon which relief can be granted as set forth in the Complaint file in this action which is incorporated herein by reference. 23. Conclusion oflaw, no reply required. If a reply is required the averments are denied pursuant to Pa.R.C.P. No. 1029(e). By way of further reply, Pe sylvania Rule of Civil Procedure No. 238 is not unconstitutional and has not been found to e unconstitutional as applied to the facts herein. 24. No response is required. WHEREFORE, Plaintiff, Brenda G. Mills, demands that Defend ts, Kam's Prime & Fancy Food, Ltd. and Kam's Prime & Fancy Food, Ltd. tld/bla Kam's Fo d and Kam's Food be dismissed and that judgment be entered in Plaintiffs favor and against D fendants as requested in the Complaint filed in this action. METZGER, WI~RgItAM, KNAUSS & E , P.C. By: Dated: 0/(0 F rancis J. Laf rty, IV, squire Attorney LD. No. 84009 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiffs 324577-1 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plain iff, Brenda G. Mills, and that the facts in the foregoing Plaintiffs Reply to New Matter of De fen ants, are true and correct to the best of his knowledge, information and belief, and that said m tters relating to the Plaintiff's Reply to New Matter of Defendants are as known to the undersi ed as to the client, Plaintiff, Brenda G. Mills, said knowledge being based upon information co tained in the attorney's files in this matter, and further states that false statements herein are made su ~ect to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Dated: Y!/ts 324577-1 CERTIFICATE OF SERVICE I, Francis J. Lafferty, IV, Esquire, of Metzger, Wickersham, P.c., 0 hereby certify that on the date set forth below, I did serve a true and correct copy of the foreg ing document upon the following persons at the following addresses indicated below by sending s e in the United States mail, postage prepaid, as follows: Philip L. Gazan, Esqiure Michael A. John, Esquire GAZAN & JOHN, P.C. 25 East Marshall Street Norristown, PA 19401 D&oi ~/~ S&ERB,P.C. By 324577 -1 o c. -, ',. -ni-::t-. d\ti -:: :'~ 7~ '.:2','-" r-~ ',~- ~ '" -"-- ,'.--! ~~; '3.. r-" c? C.:> U' Y' '"" ";'!',) I tJI ~\ .--\ -:C-r"\ M1,....:..:~ 'ft' ~C? (.)/-) :..:-j;:,\" , ~~ "? ~iq " ',_~J ' -, ~ -'~ Cf? _,,:.1 .-<. tJI ......l - METZGER, WICKERSHAM, P.C. By: Francis J. Lafferty, Esquire Attorney LD. No. 84009 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 BRENDA G. MILLS Attorney for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW KARN'S PRIME & FANCY FOOD, LTD" KARN'S PRIME & FANCY FOOD, LTD., tld/b/a KARN'S FOOD, and KARN'S FOOD, Defendants DOCKET NO. 05-377 CIVIL TERM JURY TRlAL DEMANDED PRAECIPE TO SETTLE. DISCONTIN(;E AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the entire above-captioned case sett By: Fr cis J. L rty, IV, Esquire Attorney LD. No. 84009 3211 N. Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 Attorney for Plaintiff (717) 238-8187 Date: June --.lQ., 2005 329905-} o s; <. ;~~~:: -"-' .'-;r (/.; e;- ~~; =2 ~ = U"' <- c: I N ~ ~""T1 rl1F: -0 tr'. -nC i;\o '-,'-~,\ ;:t:s-:s ~;-,r(n ;;/"')f ::.~;;'l -~ ~ ",. :::4: '2 v::>