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Home My WebLink About05-0774 BRYAN A. GEORGE, ESQUIRE 10# 43625 385 Kings Highway North Cherry Hill, New Jersey 08034 (856 32111I9) Attorney for Plaintiff Major Action Assessment of Damages is Required ATTORNEY FOR PLAINTIFFS John McKinney and Mary Ann McKinney, h/w 3 Winding Way Southampton, NJ 08088 Plaintiff(s) v. McDonalds d/b/a McDonalds Restaurant #4619 1176 Harrisburg Pike Carlisle, P A 178013 Defendant NonCE "You hdVI? been sued in court. If you ~.r) sh to defend 09,)ln,1. the clallns sot forth in the Collc:,.tIng pagos. you must tJke Jction wll:hln LwcnLy (20) dJys ofter I-,ils wnpldinl. and notice Jre served. by cnterlng appearance personJl1y or by Jttomey ,]ntl flllno In wrlllng wlth the court your defenses or objections to tne clalnl< ~;el forth JGc11nst you. YOu i.1r'C wdrncd that if you fJiI to dO Si) tl,e case may proceed without you ani! i:l judgli1ent mJy De entered aga Insl. YOll by the court wlthollt furtrlcr notice for any mcney clillmed -In lbc CO:lI~ pL1int Dr for any olhi::r chilli or re1iet- requestecJ Oy the Plalntlff. You mJy lose monoy or' property or other nghts ImpOr"Lanl La you. "YOU SHOULD TAKE TII[S PAPeR 10 YOIJR Ll\WYER AT ONCE. J F YOU DO NOT HAV, A 1.A1,YER OR CANNOT AlTOM ONF.. GO TO OR TELEPliON[ IHE UlnCE SET FORno 8FI el.J 10 IlNO OU1 WHERE YOU CAN GFT I.EI;"l. IIELP L,lll.IY~f';l 17~~~Rr.NrF c;nwI('1" 32 S. Bedford Street Carlisle, PA 17013 717 249 3166 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No.: Os- '7 7</ e.u.~ .- I...... M1S0 I "Le hJn GemJnQj)do fl usted en la COrle. 51 11,l:ed qUICcc dcfanderso de lestJs demJndJs e,puestas en IJS pJginJS slgl.llenl:es. u$Lcd Llene ve'inte (?O) dlas de plazaalPJrtli;" de IJ techJ de le domanda y la notif,C,lCl0 n. Hace falLd aSCnlaf' lina COllparcna Wr"I tten cia escrita I 0 en persona 0 con un abogJdo y entregar a 1 d curle en fOl111a eserila SlIS dctansas 0 SUS objeelones J las demanclJS en contra cle su persona. 150s ~vi soda que sl I.ISl:ed no ,e dcfienda. la corte tOllarJ medlclas y puedJ continuar lademanda.. en COI1tDl s1.I)'a Sln previo dV1SO 0 notlflcacio n. !\derna s, 10 corle puede deeidl r a favoc del dalldnd,nte v requlere que IJsl:ed cU/llp1a con todas IJS prov1lslone" de esla demJnda. Us ted pucdc perdor di nere 0 sus propi e. dades U otros derechos importantes Ipara IJsted. 'UEVE ESTA OEM.'<NDA A UN AflCG.-\OO IMMF.01AT.AMFNTF. 51 NO TIEN[ ABOGADO 0 SI NO TIENE CL D1NUW 5UFlClHITE DE PI\GI\R TAL SF.RV1ClO. VAYA EN PFRSONA 0 I.LAME POR 1ELEFONO A L/\IOr-IClN^ CUYA A OIRtlClNUN SE ENCUENTRA ESCRlTA A8AJO PAAA AVFR1GIJAR DONDE S[ PU[O[ CQNStG1JIR I\SIS1ENCIA lI:li^L. ' I SFRvrcro OE REFERCNCIA I.EGAl 32 S, Bedford Street Carlisle, PA 17013 717 249 3166 BRYAN A. GEORGE, ESQUIRE 10# 43625 385 Kings Highway North Cherry Hill, New Jersey 08034 (856 3211119) Attorney for Plaintiff John McKinney and Mary Ann McKinney, h/w 3 Winding Way Southampton, NJ 08088 Plaintiff(s) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. 7'Lt D 5 - ') 7 'i ~ Tu- McDonalds d/b/a McDonalds Restaurant #4619 1176 Harrisburg Pike Carlisle, P A 178013 JURY TRIAL DEMANDED Defendant PLAINTIFF'S COMPLAINT I. Plaintiffs, John McKinney and MaryAnn McKinney are adult individuals who resides at the above-captioned address. 2. Defendant, McDonald's is a corporation doing business regularly within tl1e Commonwealtl1 of Pennsylvania who owns, operates, controls, possesses and maintains realty doing business as McDonald's Restaurant #4619 located at 1176 Harrisburg Pike, Carlisle, Cumberland County Pennsylvania. 3. On or about February 11, 2003, Defendant, McDonald's dlb/a McDonald's Restaurant #4619 owned, operated, possessed, maintained and controlled the realty located at 1176 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. 4. At all times relevant and material hereto Defendant was operating individually and/or through their agents, servants, workmen and employees acting within the course and scope of their employment. I 5. On or about February 11, 20031, tl1ere existed in, about and on tl1e parking lot area which was owned, operated, possessed, maintained and controlled by the aforesaid defendant certain defective and dangerous conditions, namely, an icy entrance ramp/walkway/parking area; all resulting from tl1e construction, renovation and/or maintenance of said walkwaylparking area which condition defendants allowed to exist for a long time before Plaintiff's slip and fall. 6. Defendants created tl1e aforementioned defective, dangerous condition by virtue of the construction and/or renovation of the area and by virtue of their maintenance of the realty had, or in the exercise of reasonable care could and should have had knowledge or notice of tl1e existence ofthe conditions described in tl1e foregoing paragraph of this Complaint for a substantial period of time prior to plaintiff's fall hereinafter described. 7. On or about February ll, 2003, at approximately 1l:l5 a.m, Plaintiff, Jolm McKinney. was lawfully walking on said entrance ramp/walkway/parking area of the aforementioned realty when he was caused to slip on an icy condition on said ramp/ walkway/parking area and as a direct and proximate result of tl1e negligence and carelessness of Defendant, Plaintiff Jolm McKinney was caused to fall to the grolffid with great force, sustaining the injuries hereinafter described. 8. The occurrence described in the foregoing paragraphs of tl1e Complaint was caused solely by the carelessness and negligence of the defendant in the following particular respects: A. Failing to place any guards, barriers, hand rails or otl1er protective devices at or near the aforementioned area where Plaintiff fell; B. Permitting the area ofthe aforementioned area where Plaintiff fell to be constructed, renovated and maintained in a dangerous, hazardous and defective condition so as to constitute a danger and nuisance for persons lawfully walking thereon; C. Failing to maintain the aforementioned walkway area of said realty in a condition which would protect and safeguard persons lawfully walking thereon; D. Failing to have aforementioned area inspected at reasonable 2 intervals in order to determine the condition of same. E. Failing to warn persons using the aforementioned area of dangerous, hazardous and defective condition thereof; F. Failing to make proper and adequate repairs to the aforementioned area; G. Failing to repair and/or maintain the dangerous, hazardous and defective condition of the aforementioned area when the defendant knew or should have known of the existence thereof. H. Directing the Plaintiff, John McKiffiley., to a walkway area which defendant knew or should have known was dangerous, hazardous and defective I. Violating applicable local, state and federal statutes, ordinances, regulations and codes pertaining to the aforementioned defective conditions; 9. As the direct and proximate result ofthe carelessness and negligence of the defendants, and each of them, as described in the foregoing paragraphs of this Complaint, Plaintiff, John Mc Kinney sustained severe and disabling injuries to the bones, muscles, blood vessels, tissues, nerves, tendons and nervous system of his body including, but not limited to his left medial collateral ligament, left knee, abrasions to left leg, right shoulder, contusion to left knee and emotional upset, the full extent of which injuries, some or all of which may be permanent in nature, is not yet known. 10. As a direct and proximate result of the carelessness and negligence of the defendants, and each of them, as described in the foregoing paragraphs of this Complaint, Plaintiff, John McKiffiley, has been disabled in the past and may continue to be disabled in the future from performing his usual duties, occupations and avocations with a consequent loss of earnings, earning power and earning potential. 11. As a direct and proximate result of the carelessness and negligence of the defendants, and each of them, as described in the foregoing paragraphs of this Complaint, Plaintiff, John 3 McKinney, has suffered in the past and may continue to suffer in the future, excruciating and agonizing aches, pains, mental anguish, humiliation, disfigurement and limitations and restrictions of his usual activities, pursuits and pleasures. 12. As a direct and proximate result of the carelessness and negligence of the defendants, and each of them, as described in the foregoing paragraphs of this Complaint, Plaintiff, John McKinney, has required in the past and may continue to require in the future, medicine, medical care, hospitalization and treatment and has in the past and may in the future continue to be compelled to spend large sums of money and incur monetary obligations for such care and treatment. WHEREFORE, Plaintiff, John Mc Kinney, respectfully requests that judgment be entered in his favor in an amount in excess of $50,000.00. Count Two - Mary Ann McKinnev vs. McDonald's d/b/a McDonald's Restaurant #4619 13. Paragraphs One through Twelve are incorporated by reference as though fully set forth hereinafter at length. 14. As a result of the aforementioned injuries sustained by her husband, Plaintiff, Mary Ann McKinney, has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment and claim is made therefore. WHEREFORE, Plaintiff, Mary Ann McKinney, respectfully requests that judgment be entered in his favor in an amount in excess of $50,000.00. DATED: . 7- 0' j; 4 VERIFICATION John McKinney and Mary Ann McKinney hereby state that they are the defendants and that the facts as set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief. We understand that the statements made therein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. )dA.'fll.l'/~u, John McKinney l ~ J~~21et;,wr C"'., " -';"1 ~ - ..." :~~ f't": UJ rt'l f . ."-1 ~ F "T? ~ - n ...... -0 f'....' " --- Yv "" .r- c- "'\ --J " Vi '(;, !-'" ~ \\:) BRYAN A. GEORGE, ESQUIRE ID 43625 385 Kings Highway North Cherry Hill, NJ 08034 Telephone (856 32111I9) Attorney for Plaintiff John McKinney and Mary Ann McKinney, h/w Plaintiff IN THE COURT OF COMMON PLEAS, OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION-LAW DOCKET NO.: 05-774 McDonalds d/b/a McDonalds Restaurant #4619 Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END To: Prothonotary, Cumberland County Kindly settle, discontinue and end the above-captioned matter upon payment of all costs accordingly. Date:#'< /' (' z BRYAN A. GEOR E, ESQUIRE Attorney for Plainti r> '3 Z- ~ o {./' ...,., '" tp 1::. .",. 3; C> ., v:> a