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HomeMy WebLinkAbout14-6803 Supreme Co � .nnsylvania coudFCOuli COin Mo leas or Prothonotary Ur Only: 7� I v Docket No: £5,� r County The information collected on this form is used solely for court administration purposes. This farm 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 E] Complaint 0 Writ of Summons 0 Petition © Transfer from Another Jurisdiction n Declaration of Taking E Lead Plaintiffs Name: Lead Defendant's Name: TWanda Snyder-Beck and John Beck Amazon.Com.dedc, LLC Dollar Amount Requested: ®within arbitration limits I Are money damages requested? [T Yes 0 No (check one) Qoutside arbitration limits 0 N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? 0 Yes F1 No A Name of Plaintiff/Appellant's Attorney: Karl J.Januzzi, Esquire 0 Check here if you have no attorney(are a Self-Represented JPro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASSE. If you are making more than one type of claim,check the one that you consider most important. 1 — TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other ® Board of Elections 1 ®Nuisance ® Dept.of Transportation x Premises Liability © Statutory Appeal:Other S © Product Liability(does not include mass tort) ®Employment Dispute: } E 0 Slander/Libel/Defamation Discrimination ' C ® Other: 0 Employment Dispute:Other 0 Zoning Board ,I, ® Other: I ®Other: Q MASS TORT 0 Asbestos N Q Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration + B ® Other: ®Eminent Domain/Condemnation ®Declaratory Judgment © Ground Rent ®Mandamus 0 Landlord/Tenant Dispute ®Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial ®Quo Warranto 0 Dental ®Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical ® Other: ! ® Other Professional: Updated 1/1/2011 F'IF SHOLLENBERGER & JANUZZI, LLP e-r 2225 Millennium Way uG�f -,, h, f / Enola, Pennsylvania 17025 r ,: ,, �t ! Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WANDA SNYDER-BECK and JOHN- IN THE COURT OF COMMON PLEAS BECK, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. NO. AMAZON.COM.DEDC, LLC, and CIVIL ACTION - LAW AMAZON.COM, JURY TRIAL DEMANDED Defendants 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 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 YOUR 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 S 800-990-9108 ] / , 717-249-3166 , ► 45 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WANDA SNYDER-BECK and JOHN BECK, IN THE COURT OF COMMON PLEAS wife and husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. CIVIL ACTION - LAW AMAZON.COM.DEDC, LLC, and JURY TRIAL DEMANDED AMAZON.COM, Defendants NOTICIA: LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (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 que si usted no se defiende, la corte tomaro medidas y puede enfrar una orden contra usted sin previo aviso o notoficacaion y por cualquier queja o alivio que es pedido en la peticion do demanda. usted puede perder dinero o sus propiededas o otros derechos importantes para usted. LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, Pennsylvania 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorneys for Plaintiff WANDA SNYDER-BECK and JOHN IN THE COURT OF COMMON PLEAS BECK, wife and husband, CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA V. NO. AMAZON.COM.DEDC, LLC, and CIVIL ACTION - LAW AMAZON.COM, INC. JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW come the Plaintiffs, WANDA SNYDER-BECK and JOHN BECK, by and through their attorneys, SHOLLENBERGER &JANUZZI, LLP, and respectfully represent the following: 1. The Plaintiffs,WANDA SNYDER-BECK and JOHN BECK,wife and husband, are adult individuals who currently reside at 6230 Parkway East, Harrisburg, Dauphin County, Pennsylvania 17112. 2. The Defendant, AMAZON.COM.DEDC, LLC, is a Foreign Business Corporation with a principal office address of 410 Terry Avenue, Seattle, Washington 98109. It is believed and therefore averred that Defendant Amazon.com.dedc, LLC, is a wholly owned subsidiary of Defendant, Amazon.com, Inc. 3. The Defendant,AMAZON.COM, INC., is a Foreign Business Corporation with a principal office address of 410 Terry Avenue, Seattle, Washington 98109. Itis believed and therefore averred that Defendant, Amazon.com., Inc., by and through its subsidiary, Defendant, Amazon.com.dedc, LLC, owns and/or operates and/or manages a branch facility located at 675 Allen Road, Carlisle, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on December 29, 2012, at approximately 5:35 p.m., at the Amazon.com warehouse located at 675 Allen Road, Carlisle, Pennsylvania. 5. At the aforesaid time and place, Plaintiff, WANDA SNYDER-BECK, stepped onto a cage and picked up a medium size box from the product batch. 6. After retrieving the box and stepping down from the cage, Plaintiff, WANDA SNYDER-BECK'S, right foot caught on the thick edge of an unsecured floor mat, causing her to twist her right knee and ankle. 7. As a result of the aforesaid occurrence, Plaintiff, WANDA SNYDER- BECK, has suffered serious and permanent injuries, including but not limited to the following: (a) Right depressed lateral tibial plateau fracture; (b) Right knee injury; (c) Right knee degenerative joint disease; (d) Exacerbation of degenerative joint disease in left knee; (e) Severe shock to nerves and nervous system; (f) Extreme mental and physical anguish. 8. As a direct and proximate result of the aforesaid injuries, Plaintiff, WANDA SNYDER-BECK, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 9. As a further result of the aforesaid injuries, Plaintiff, WANDA SNYDER- BECK, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 10. As a further result of the aforesaid injuries, Plaintiff, WANDA SNYDER- BECK, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 11. As a further result of the aforesaid injuries, Plaintiff, WANDA SNYDER- BECK, has sustained scarring and disfigurement for which damages are claimed. 12. As a further result of the aforesaid injuries, Plaintiff, WANDA SNYDER- BECK, has and/or may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 13. As a further result of the aforesaid injuries, Plaintiff, WANDA SNYDER- BECK, has sustained a permanent diminution in her ability to enjoy life and life's pleasures for which damages are claimed. COUNT 1 WANDA SNYDER-BECK v. AMAZON.COM.DEDC. LLC 14. Paragraphs 1 through 13 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 15. The aforesaid incident and resulting injuries to the Plaintiff, WANDA SNYDER-BECK, were a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, which consisted of: a. Allowing a loose, partially unsecured, floor mat to exist in a busy work area when Defendant knew or should have known that the condition presented a hazard to persons walking and working in that area; b. Failing to exercise reasonable care to discover the dangerous condition referenced above; C. Failing to warn persons walking in the area of the dangerous condition; d. Failing to adequately barricade or section off the dangerous portion of the area around the floor mat; e. Failing to provide a safe walkway or alternate path around the unsecured floor mat. 16. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff,WANDA SNYDER-BECK. WHEREFORE, Plaintiff, WANDA SNYDER-BECK, demands judgment against the Defendant, AMAZON.COM.DEDC, LLC, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT II WANDA SNYDER-BECK v. AMAZON.COM INC. 17. Paragraphs 1 through 16 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 18. The aforesaid incident and resulting injuries to the Plaintiff, WANDA SNYDER-BECK, were a direct and proximate result of the negligence, carelessness and recklessness of the Defendant, by and through its subsidiary, Defendant Amazon.com.dedc., LLC, which consisted of: a. Allowing a loose, partially unsecured, floor mat to exist in a busy work area when Defendant knew or should have known that the condition presented a hazard to persons walking and working in that area; b. Failing to exercise reasonable care to discover the dangerous .condition referenced above; C. Failing to warn persons walking in the area of the dangerous condition; d. Failing to adequately barricade or section off the dangerous.portion of the area around the floor mat; e. Failing to provide a safe walkway or alternate path around the unsecured floor mat. 19. The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant as set forth above and was due in no manner whatsoever to any act or failure to act on the part of the Plaintiff,WANDA SNYDER-BECK. WHEREFORE, Plaintiff, WANDA SNYDER-BECK, demands judgment against the Defendant, AMAZON.COM, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration, together with interest and costs thereon as allowed by law. COUNT III JOHN BECK, v. AMAZON.COM.DEDC, LLC 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 21. As a further result of injuries sustained by his wife, Plaintiff, JOHN BECK, has been and will be deprived of the assistance, help, support, services, affection, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, the Plaintiff, JOHN BECK, demands judgment against the Defendant, AMAZON.COM.DEDC, LLC, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV JOHN BECK, v. AMAZON.COM. INC. 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 23. As a further result of injuries sustained by his wife, Plaintiff, JOHN BECK, has been and will be deprived of the assistance, help, support, services, affection, companionship, consortium and society of his wife, all of which has been and will be to his great detriment and loss. WHEREFORE, the Plaintiff, JOHN BECK, demands judgment against the l Defendant, AMAZON.COM, INC., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Karl J. Jasquire Attorney for"Plaintiff I.D. V5576 222ennium Way Enola, PA 17025 717/728-3200 Dated: �� a� , 2014 VERIFICATION I, AALV 0, h r d eXlhereby acknowledge that I am a Plaintiff in this J-A n s e- action and that I have read theY12 and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Wanda Snyder-Beck Johrylleck Date: 711 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WANDA SNYDER-BECK and JOHN CASE NUMBER: 14-6803 c 3 BECK, wife and husband, Plaintiffs v. AMAZON.COM.DEDC, LLC and AMAZON.COM, INC., Defendants PLEADING: PRAECIPE FOR APPEARANCE FILED ON BEHALF OF: AMAZON.COM.DEDC, LLC and AMAZON.COM, INC., Defendants. COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID # 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 aseiferth@c-wlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANDA SNYDER-BECK and JOHN BECK, wife and husband, Plaintiffs v. AMAZON.COM.DEDC, LLC and AMAZON.COM, INC., Defendants CIVIL DIVISION CASE NO: 14-6803 JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Please enter my appearance on behalf of the Defendants, AMAZON.COM.DEDC, LLC and AMAZON.COM, INC., in the above -captioned matter. BY: Date:'-aQty' Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, ES Attorney ID# 89073 1011 Mumma Road, Suit Lemoyne, PA 17043 (717) 975-9600 aseiferth@c-wlaw.com Counsel for the Defendants, AMAZON.COM.DEDC, LLC and AMAZON.COM, INC. CERTIFICATE OF SERVICE That counsel for the Defendants, AMAZON.COM.DEDC, LLC and AMAZON.COM, INC., hereby certifies that a true and correct copy of. the foregoing PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre -paid, according to the Pennsylvania Rules of Civil Procedure, on the L5 ' day of , 2014. Karl Januzzi, Esquire Shollenberger & Januzzi 2225 Millennium Way Enola, PA 17025 (Counsel for Plaintiffs) BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SE FERT Counsel for the Defendant AMAZON.COM.DEDC, and AMAZON.COM, IN Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY P HE Frio I i)iwio iV; i. 7.}Il DEC 10 PM 3:23 CUMBERLAND COUNTY PENNSYLVANIA op:=10E OFT SKERIPF Wanda Snyder -Beck (et al.) vs. Case Number Amazon.com Dedc, LLC (et al.) 2014-6803 SHERIFF'S RETURN OF SERVICE 11/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Amazon.com Dedc, LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 11/25/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Amazon.com, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint & Notice according to law. 12/01/2014 02:34 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Jennifer Smith, Customer Service Associate, who accepted for Amazon.com, at c/o Corporation Service Company, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 12/01/2014 02:34 PM - The requested Complaint & Notice served by the Sheriff of Dauphin County upon Jennifer Smith, Customer Service Associate, who accepted for Amazon.com Dedc, LLC, at c/o Corporation Service Company, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.49 SO ANSWERS, December 05, 2014 (c) County -Suite Sheriff, Teleosoft, Inc. RONR ANDERSON, SHERIFF Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin t. Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy WANDA SNYDER-BECK AND JOHN BECK, WIFE AND HUSBAND VS AMAZON.COM.DEDC, LLC Sheriffs Return No. 2014-T-3076 OTHER COUNTY NO. 2014-6803 And now: DECEMBER 1, 2014 at 2:34:00 PM served the within NOTICE & COMPLAINT upon AMAZON.COM.DEDC, LLC by personally handing to JENNIFER SMITH * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents_ thereof at C/O CSC, 2595 INTERSTATE DRIVE, SUITE 103 HARRISBURG PA 17110 * CUSTOMER SERVICE ASSOCIATE Sworn and subscribed to before me this 3RD day of December, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of D By D-puty Sheriff Deputy: W CONWAY Sheriffs Costs: $66.5 11/26/2014 Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy WANDA SNYDER-BECK AND JOHN BECK, WIFE AND HUSBAND VS AMAZON.COM.DEDC, LLC Sheriffs Return No. 2014-T-3076 OTHER COUNTY NO. 2014-6803 And now: DECEMBER 1, 2014 at 2:34:00 PM served the within NOTICE & COMPLAINT upon AMAZON.COM, INC. by personally handing to JENNIFER SMITH * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O CSC, 2595 INTERSTATE DRIVE, SUITE 103 HARRISBURG PA 17110 * CUSTOMER SERVICE ASSOCIATE Sworn and subscribed to before me this 3RD day of December, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of puty Sheriff Deputy: W CONWAY Sheriffs Costs: $66.5 11/26/2014