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Home My WebLink About14-4977 Supreme Courf6fl.-Pennsylvania Cour 0f Coinlnoftfieas For Prothonotary Use Only: Civil:Cover Sheet Docket No: fj f J U Grr1 County I 7 7 T The inforination 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 bl=laiv or rules of court. Commencement of Action: S 9 Complaint ❑ Writ of Summons ❑ Petition E ElTransfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: _ T es c r Are money damages requested? Yes ❑ No Dollar Amount Requested: F]within arbitration limits (check one) iRoutside arbitration limits 0 N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? ❑ Yes k No A Name of Plaintiff/Appellant's Attorney: Check here if.vou have Ito at-l"€1,11 el" (are a Self-Represented 111ro :gel J,itigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. 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 ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Discrimination Slander/Libel/Defamation Employment Dis ute: Other C ❑ Other: P 0 Zoning Board j T ❑ Other: — ❑ Other: f o MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste [� Other: 0 Ejectment EJ Co=on Law/Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus 0 Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial El Quo Warranto ❑ Dental ❑ Partition ❑Replevin F1 Legal ❑ Quiet Title Other: j ❑ Medical ❑ Other: ❑ Other Professional: dcSC I rn Izi f 0r Updated 1/1/2011 Joann Wingate { L is D-0 Box 374 :f` f HE PRO TNO�J T 3�. PLAINTIFF Kingstown,New PA 17072 c"Of 4 QUI; 22 PM �: 06 Common Pleas Action CUMBERLAND COUNTY vs PENNSYLVANIA u Schwans Home Service Inc. �G• l/` �y 7 C 1v� {��k ll 5 West College Drive Marshall, MN 56258 5�/,f 7 S®d c� DEFENDANT hw Complaint page 1 of 2 �b/�<v This Complaint is being brought by Joann Wingate,Plaintiff,who was employed by Schwans Home Service Inc, Defendant when on August 26, 2011 while working and at first delivery stop located at the Blue Mountain Pennsylvania Turnpike building Plaintiff opened a rear freezer door of her assigned truck to get out product,which was a function of her job,when product fell out striking Plaintiff in her head. Due to Defendants negligence in not packing items in freezer section properly and having known this to be an issue and Defendant did not ensure it would not cause harm,the Plaintiff was rendered unconscious was found by PA Turnpike personnel lying unconscious on ground next to the assigned truck with numerous food products also lying on the ground. PA Turnpike assisted Plaintiff by calling 911 and when she regained consciousness was driven by ambulance to a helicopter, air lifted to Hershey Hospital and was treated medically. Plaintiff did not authorize treatment as she was not in a condition to sign authorization so hospital personnel worked on her anyway. Due to this negligence Plaintiff suffered short term memory loss,pain and suffering, loss of income, decline in mental and emotional health and difficulty with marital responsibilities. Plaintiff sent communication by USPS delivery confirmation and proof of mailing to Schwans Home Service Inc. 115 West College Drive, Marshall,MN 56258 within 5 days of this injury sustained at work on August 26,2011. Plaintiff knew to put it in writing as past experience with local Carlisle Pennsylvania depot resulted in nothing being done as well as gossip concerning other employees and their health,work and more was common practice. She requested in writing information in order to start short term disability which she was paying through Schwans Home Service Inc. as part of a benefit package. She communicated that her doctor stated return to work was undetermined and she was under doctors care starting immediately on August 26, 2011 and continuing through September of 2012. Plaintiff has residual issues to date due to this negligent act by the Defendant. Defendant never communicated with Plantiff about the short term disability,workers compensation or any other benefit which should have been available due to being injured while at work. Plaintiff did get notice of termination from job dated September 15,2011 addressed to the wrong address and received by Plaintiff on April 24,2012. Defendant did in that same letter which was dated within three weeks time while Plaintiff was still out of work due to Defendants negligent act,terminate Plaintiff. Defendant letter was a demand for$693.03 for property of Schwans including uniforms keys and petty cash. The uniform was torn by the Hershey Hospital personnel upon arrival and their physical examination. Plaintiff had never received a full uniform package as those sent to the local Carlisle Pennsylvania depot did not fit properly so Plaintiffs'manager gave her a few used items which previous workers had left or returned. These uniform items were in the storage closet located near the inside truck parking spaces used when the frozen food items were packed into the trucks. Due to being unconscious then airlifted to Hershey Hospital,it is unclear what became of other items. Defendant denied Plaintiff access to any and all monetary benefits even though she was enrolled in the defendants short term Joann Wingate Box 374 New Kingstown,PA 17072 PLAINTIFF Common Pleas Action vs Schwans Home Service Inc. 115 West College Drive Marshall,MN 56258 DEFENDANT Complaint page 2 of 2 disability policy as well as access and means to receive workers compensation. Defendant did not nor has not paid any of Plaintiffs medical bills which arose directly from being injured while working for Defendant. Plaintiffs credit has suffered due to this non payment. The Defendant knew of this repeated negligent act as other workers at the same Carlisle Pennsylvania depot had and have suffered injuries directly related to the improper and sloppy packing of frozen food items in the trucks they send out for home delivery upon those compartment doors being opened. Plaintiff was also the victim of local discriminatory acts and as a means of addressing the corporate headquarters had sent a Human Resource staff member which spoke to those in the Plaintiffs route driver department and its staff in the Carlisle PA depot. The Human Resource staff member and local manager apologized to Plaintiff for the discriminatory act. All the forgoing misconduct and discriminatory act by the Defendant and staff of Schwan Home Service Inc.justifies the imposition of actual damages,punitive damages and Plaintiffs employee rights. Therefore Plaintiff prays for damages against the defendant and is seeking monetary wholeness for the above offenses in the amount of three hundred and fifty thousand dollars plus fees. L Joann Wingate Plaintiff