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Home My WebLink About14-5676 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND 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: S 0 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: PAMELA N. LEIGH MONRO MUFFLER BRAKE. INC. T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? 0 Yes ❑ No (check one) Vloutside arbitration limits O 1 Iry N Is this a Class Action Suit? ❑Yes No Is this an MDJAppeal? ❑ Yes 0 No A Name of Plaintiff/Appellant's Attorney: JOSEPH A. COLLINS. ESQ. ❑ Check here if you have no attorney(are a Self-Represented [Pro Sei Litigant) 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 mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination C 0 Other: ❑ Employment Dispute: Other ❑ Zoning Board ,I, Neqliqence ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ 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 OF CtTMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--PERSONAL INJURY ACTION PAMELA N. LEIGH, CASE NO.: Plaintiff, TYPE OF PLEADING: VS. COMPLAINT IN CIVIL ACTION MONRO MUFFLER BRAKE, INC., d/b/a FILED ON BEHALF OF: MONRO MUFFLER/BRAKE & SERVICE, PLAINTIFF Defendant. COUNSEL OF RECORD FOR THIS PARTY: COLLINS & COLLINS ATTORNEYS, JURY TRIAL DEMANDED LLC JOSEPH A. COLLINS, ESQ. TO: DEFENDANT PA I.D. No. 58970 MICHAEL C. LANCER, ESQ. You are hereby notified to file a written response to 267 North Street the within Complaint in Civil Action within Twenty Buffalo,NY 14201 (20) days of service hereof or judgment may be Phone (716) 885-9700 entered against you. Fax (716) 885-9770 (^l F 1 1 • �'=� �� i rf t By: f 6S �PH A. COLLINS, ESQ. , =` Col ins & Collins Attorneys, LLC v ---- �Att rney for Plaintiff r C? *� c Ln y;, J COMM&C01 ' ATTORNEYS , LLC a.267 North Street,Buffalo,New York 14201 11 716 885 9700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION—PERSONAL INJURY ACTION PAMELA N. LEIGH, CASE NO.: Plaintiff, TYPE OF PLEADING: vs. COMPLAINT IN CIVIL ACTION MONRO MUFFLER BRAKE, INC., d/b/a MONRO MUFFLER/BRAKE & SERVICE, Defendant. NOTICE TO DEFEND 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 an 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 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Pennsylvania Lawyer Referral Service Pennsylvania Bar Association 100 South Street P.O. Box 186 Harrisburg, PA 17108 Z&--(724) 692-7375 By: , J/6$EP1q A. COLLINS, ESQ. Tins & Collins Attorneys, LLC torney for Plaintiff Collins($�C011ins ATTORNEYS, LLC a.267 North Street,Buffalo,New York 14201 0 716 885 9700 COMPLAINT Plaintiff, PAMELA N. LEIGH, by and through her attorneys, COLLINS & COLLINS ATTORNEYS, LLC and Joseph A. Collins, Esq., of counsel, and Michael C. Lancer, Esq., of counsel, as and for her Complaint against Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE, hereby alleges, upon information and belief, the following: COMPLAINT IN CIVIL ACTION 1. At all times herein, the Plaintiff, PAMELA N. LEIGH, was and still is a resident of the Loysville, Pennsylvania. 2. Upon information and belief, the Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE. was and still is a domestic corporation authorized to do business in the State of New York, with offices located at 944 Walnut Bottom Road, Carlisle, Pennsylvania 17013; '(hereinafter "accident site"). 3. Upon information and belief, and at all tames hereinafter mentioned, the premises and property located at the accident site was, and still is, open to the public. 4. That on or about March 8, 2013, Plaintiff, PAMELA N. LEIGH, was lawfully upon the premises of the accident site and was seriously injured because of the negligence, carelessness and recklessness of the named Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/MONRO MUFFLER/BRAKE & SERVICE. Ckffli &(;0UiM ATTORNEYS , LLC a.267 North Street,Buffalo,New York 14201 ❑ p:716 885 9700 .®_ COUNT I-NEGLIGENCE PLAINTIFF ALLEGES AS FOLLOWS: 5. Plaintiff incorporates by reference Paragraphs "1" through "4", inclusive as though the same were set forth more fully herein at length. 6. Upon information and belief, prior to and on March 8, 2013, the Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE, managed certain property located at the accident site. 7. The aforementioned premises contained an automobile lift used for servicing the automobiles of Defendant, Monro's customers. 8. Upon information and belief, prior to and on March 8, 2013, the Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE, its agents, contractors and/or employees were responsible for operation, maintenance and inspection of the said automobile lift. 9. The Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE, its agents, contractors and/or employees were trained and instructed regarding the use and proper safety procedures involving the said automobile lift, and foiled to follow safety procedures while operating the automobile lift causing the Plaintiff, PAMELA N. LEIGH'S, injuries. 10. The Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & SERVICE, its agents, contractors and/or employees were negligent in the operation of said automobile lift and failed to ensure the safety of the Plaintiff, PAMELA N. LEIGH. 11. As a direct and proximate result of the negligence and recklessness of the Defendant, MONRO MUFFLER BRAKE, INC., d/b/a/ MONRO MUFFLER/BRAKE & couiWaCOMW ATTORNEYS, LLC a.267 North Street,Buffalo,New York 14201 ❑ p.716 885 9700 .®_ SERVICE, its agents, contractors, employees, the Plaintiff, PAMELA N. LEIGH, suffered serious, severe and personal injuries including but not limited to: past and future medical expenses;past and future pain, anguish and economic loss, in the following respects: a. in acting negligently, careless and reckless while operating the automobile lift; b. in failing to be aware of the surroundings while operating the automobile lift; c. in failing to properly take safety precautions while operating the automobile lift; d. in failing to ensure the safety of the Plaintiff; e. in failing to provide a safe environment, as set forth more fully herein; f. in failing to properly keep their customers safe; - g. in failing to identify and/or advise customers of the dangerous area; h. in failing to warn Plaintiff of the unsafe condition(s); i. in failing to utilize the tools and equipment within the shop in a safe manner; and j. in failing to properly maintain their facilities in a safe and cautious manner, as set forth more fully herein. 20. As a direct and proximate result of the foregoing, Plaintiff sustained injuries to her right foot and ankle, including a broken right toe, which involved two surgeries to correct, all of which injuries are or may be permanent in nature. 21. Plaintiff, PAMELA N. LEIGH, did not contribute to her injuries. COMM&COMM ATTORNEYS , LLC a.267 North Street,Buffalo,New York 14201 716 885 9700 .®_ 22. As a result of said injuries, Plaintiff has been or will be obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses, which expenses have or may exceed the sum recoverable under the limits in 75 P.S. §1711 and may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 23. As a further result of said injuries, Plaintiff has suffered and/or may suffer physical and mental anguish and pain, suffering and inconvenience. 24. As a further result of said injuries, Plaintiff has been and/or may be deprived of the ordinary pleasures of life. WHEREFORE, Plaintiff PAMELA N. LEIGH respectfully requests this Honorable Court to enter a money judgment against Defendant, MONRO MUFFLER BRAKE, INC. d/b/a MONRO MUFFLER/BRAKE & SERVICE, together with the costs and disbursements of this action. JURY TRIAL IS DEMANDED. DATED: September, 2014 By: JOSEPH A. 'COLLINS, ESQ. COLL. S & COLLINS ATTORNEYS, LLC PA I. No. 58970 1V�I AEL C. LANCER, ESQ. 267 North Street Buffalo,NY 14201 Phone (716) 885-9700 Fax (716) 885-9770 COILIYLS&C011im ATTORNEYS, LLC a.267 North Street,Buffalo,New York 14201 ❑ �.716 885 9700 •®- VERIFICATION I am the Plaintiff in the matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. DATE: September , 2014 ti PAMELA N. G , ATTORNEYS, LLC a.267 North Street,Buffalo,New York 14201 ❑ �.716 885 9700 .®_ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,IL.E D -OF F IL.. ° OFOFTHE PRO i HONOiA, I 2 14 OCT 2 I PM 2:58 CUMBERLAND COUNTY PENNSYLVANIA OFfICQ OF THE $K.RIFF Pamela N Leigh vs. Monro Muffler Brake, Inc. Case Number 2014-5676 SHERIFF'S RETURN OF SERVICE 10/10/2014 09:07 AM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Mike Byrnes, Manager, who accepted as "Adult Person in Charge" for Monro Muffler Brake, Inc. at 944 Walnut Bottom Road, South Middleton, Carlisle, PA 17013. GUTSHALL, DEPUTY SHERIFF COST: $27.77 SO ANSWERS, October 16, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. WILLIAM J. FERREN & ASSOCIATES By: Andrew J. Keenan, Esquire Atty ID # 61990 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1737 • 11_ , 17-10::0 Attorney for Defendant U 14 vA EC 22 Pt; 2: 27 11 1ll�i PAMELA N. LEIGH Plaintiff v. MONRO MUFFLER BRAKE, INC. d/b/a MONRO MUFFLER/BRAKE & SERVICE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 14-5676 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel in the above -captioned matter on behalf of Defendant, Monro Muffler Brake, Inc. d/b/a Monro Muffler/Brake & Service, in the above captioned matter. By: WILLIAM J. FERREN & ASSOCIATES tsaiasolos.' ANDREW J. Attorney fo Eant, ESQUIRE efen WILLIAM J. FERREN & ASSOCIATES By: Andrew J. Keenan, Esquire Atty ID # 61990 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1737 Attorney for Defendant PAMELA N. LEIGH COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW MONRO MUFFLER BRAKE, INC. d/b/a MONRO MUFFLER/BRAKE & SERVICE Defendant NO. 14-5676 DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Monro Muffler Brake, Inc. d/b/a Monro Muffler/Brake & Service, by and through its undersigned counsel, hereby demands a trial by a jury of twelve. By: WILLIAM J. FERREN & ASSOCIATES ANDREW J. KE " , ESQUIRE Attorney for D i ' ant