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HomeMy WebLinkAbout14-6830 Supreme Court o of �� � � Coui OfrCO I1TT}O ?PleaS For Prothonotary Use Only: 015�VehE't Docket No: Curnerlandx County6S30 ` A 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 leadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons El Petition ® Transfer from Another Jurisdiction EJ Declaration of Taking E CLead Plaintiff's Name: Lead Defendant's Name: 1T. Terry Zook Seabrook Brothers&Sons Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? [M Yes E3 No ) ®outside arbitration limits I"o (check one N Is this a Class Action Suit? El Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Hilary Vesell, Esq. 0 Check here if you have no attorney(are a Self-Represented {Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your i PRIMARY CASE. If you are making more than one type of claim,check the one that i you consider most important. i TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ©Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment Motor Vehicle 0 Debt Collection:Other 0 Board of Elections I Nuisance © Dept.of Transportation 0 Premises Liability El Statutory Appeal:Other S ® Product Liability(does not include i Ej mass tort) © Employment Dispute: I M Slander/Libel/Defamation Discrimination kC R1 0 Other: Employment Dispute:Other © Zoning Board T breach of warranty 0 Other: 0 Other: 11 0 MASS TORT 0 Asbestos N ® Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REQ,,PROPERTY MISCELLANEOUS Q Toxic Waste } [l Ejectment © Common Law/Statutory Arbitration C B ® Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations M Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial' Q Quo Warranto ® Dental 0 Partition Replevin t 0 Legal 0 Quiet Title 0 Other: ® Medical 0 Other: 0 Other Professional: I Updated 1/1/2011 I 1 (� 1 1 0 i��illi#u 210 1111142V 2 5 N c, 23 C,UMBERLAND 00U"N' Y PENNSYLVANNf KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900.Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff TERRY ZOOK, IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA ly O 1-0030 WAL-MART STORES EAST, LP, and, CIVIL ACTION - LAW SEABROOK BROTHERS & SONS, JURY TRIAL DEMANDED Defendants : NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 /o C 2oS � ��-3 907 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available for disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. KOPE & ASSOCIATES, LLC BY: HILARY VESELL, ESQUIRE ATTORNEY I.D. 308358 3900 Market Street CAMP HILL, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff TERRY ZOOK, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA VS. No. WAL-MART STORES EAST, LP, and, CIVIL ACTION - LAW SEABROOK BROTHERS & SONS, JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW comes the Plaintiff, TERRY ZOOK, by and through his attorney, Hilary Vesell, Esq. and Kope & Associates, LLC, and files this Complaint and in support thereof, avers the following: INTRODUCTION 1. This is a civil action brought by Plaintiff, Terry Zook (hereinafter "Plaintiff'), against Defendants, Wal-Mart Stores East, LP, and, Seabrook Brothers & Sons (hereinafter "Defendants"), for damages resulting from the actions of breach of warranty, product liability, and negligence that said Defendants committed arising out of product purchased and resulting incident that occurred in Cumberland County, Pennsylvania. Page 3 of 8 PARTIES 2. Plaintiff Terry Zook is an adult individual residing at 1870 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant Wal-Mart Stores East, LP, is a corporation with a headquarters at 702 S.W. 8t" Street, Bentonville, Benton County, Arkansas, 72716. 4. The Defendant Wal-Mart Stores, East, LP, owns and operates a store located at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 5. Defendant Seabrook Bothers & Sons, Inc., is a cooperation in the food service industry with a headquarters at 85 Finley Road, Bridgeton, Cumberland County, New Jersey, 08302. 6. The Defendant Seabrook Brothers & Sons is in the business of producing, supplying, distributing and/or manufacturing among other products, Great Value frozen sweet peas. JURISDICTION AND VENUE 7. Jurisdiction and venue are appropriate in this Court because the Plaintiff purchased and consumed the product at issue out of which the Plaintiff's claims arise in Cumberland County. FACTS 8. On or about May 5, 2013, Plaintiff went shopping at Wal-Mart located at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 9. Plaintiff purchased a 32 oz (2 lb) bag of Great Value Sweet Peas produced by Defendant Seabrook Brothers & Sons from Defendant Wal-Mart Stores, East, LP's Page 4 of 8 business located at 60 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013. 10. On or about May 5, 2013, Plaintiff returned home from shopping and consumed Defendant Seabrook Brothers & Sons' Great Value Sweet Peas. 11. While consuming said peas, Plaintiff bit into a stone. 12. When Plaintiff bit down into the stone, it caused the stone to break into three (3) pieces, the force of which permanently damaged three (3) of Plaintiff's teeth. COUNT I — Plaintiff v. All Defendants BREACH OF WARRANTY 13. Paragraphs 1 through 12 are incorporated as if fully set forth herein. 14. Defendants provided frozen packaged peas to Plaintiff with the intent that Plaintiff immediately would consume said peas and which Defendants warranted as merchantable, pure, fit and wholesome for that purpose. Plaintiff relied upon said warranties and Defendants' skill and judgment as to the quality of said peas in consuming the same. 15. The peas were not merchantable, pure, wholesome and fit for immediate human consumption as warranted, but contained a stone, and were unmerchantable, unsuitable and unfit for immediate. human consumption. 16. Said peas were not fit for use as food but were unwholesome and dangerous and contained within them a dangerous, injurious and deleterious substance which Plaintiff nearly consumed, causing mental anguish and damage to his teeth. Page 5 of 8 17. As a direct result of the aforesaid breach of warranty, Plaintiff suffered great pain and suffering, and was rendered sick and nervous and is thereby unable to consume green vegetables and was forced to incur expenses for medical treatment. 18. As a result of the foregoing, Defendants are liable to the Plaintiff for the breach of implied warranty that the product sold by Defendants was merchantable. COUNT II — Plaintiff v. All Defendants PRODUCT LIABILITY 19. Paragraphs 1 through 18 are incorporated as if fully set forth herein: 20. Defendants are strictly liable to Plaintiff for selling a product that was in a defective condition, unreasonably dangerous for consumption due to a stone contained within the package of frozen peas. 21. The Defendant Seabrook Brother's & Sons' product was expected to reach the ultimate consumer without substantial change in the condition in which it was sold, and it did, in fact, reach the Plaintiff without substantial change. 22. The Defendants also breached their duty to warn of existing dangers, which extends to the Plaintiff, as the ultimate user of its product. 23. The lack of sufficient warning as well as the defect of the product resulted in the proximate cause of the injuries suffered by Plaintiff. 24. Based upon the foregoing, Defendants are strictly liable to Plaintiff. WHEREFORE, Plaintiff demands judgment not less than $50,000, plus interests and costs. Page 6 of.8 COUNT III -Plaintiff v. All Defendants NEGLIGENCE 25. Paragraphs 1 through 24 are incorporated as if fully set forth herein. 26. The Defendants acted negligently by: a. Improperly packaging uncooked food, which Defendants failed to discover or otherwise knew or should have known existed; b. Improperly screening or inspecting the food items, thereby failing to discovery or otherwise know that a foreign object existed within its product; C. Improperly labeling the product or otherwise failing to warn the consumer of the potential dangerous uncooked item located within the product. 27. As a direct result of the foregoing, the Defendants are liable to the Plaintiff for negligently causing severe and permanent injuries as more fully described above. WHEREFORE, Plaintiff seeks damages from Defendants in an amount not less than FIFTY THOUSAND DOLLARS ($50,000) and such other relief as this Court deems just and appropriate. Respectfully Submitted, KOPE & ASSOCIATES, LLC Date: HilaryVesell sq. Page7of8 VERIFICATION 1, Terry Zook, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: Terry Zook' r' Page 8 of 8 1 182.042 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnell@mcda-law. corn By: Gwyneth R. Williams, Esquire Attorney I.D. No.: 319219 gwilliams@mcda-law.com Metropolitan Business Center 860 1st Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 THE PRO Tia Dt, DEC 29 PH 2: I4 1 r!JM BERLAHL) CUM PENNSYLVAtiIA TERRY ZOOK Plaintiff vs. WAL-MART STORES EAST, LP and SEABROOK BROTHERS & SONS Defendants. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY 14-6830 ENTRY OF APPEARANCE Kindly enter our appearance on behalf of the Defendant, Wal-Mart Stores East, LP, in the above -captioned matter. Dated: December 23, 2014 McDONNELL & ASSOCIATES, P.C. / 4/ di ° atrick McD • nnell, Esquire Gwynet R. Williams, Esquire 182.042 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnell@mcda-law.com By: Gwyneth R. Williams, Esquire Attorney I.D. No.: 319219 gwilliams@mcda-law.com Metropolitan Business Center 860 1st Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 i_t_J-cif -- ;=.i TH PROT ?±:l it. 'dillDEC 29 PH 2: 41 CUMBERLAND COUNT Y PENNSYLVANIA TERRY ZOOK Plaintiff vs. WAL-MART STORES EAST, LP and SEABROOK BROTHERS & SONS Defendants. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY 14-6830 DEMAND FOR JURY TRIAL Defendant, Wal-Mart Stores East, LP, by and through its undersigned counsel, hereby demands a trial by jury in the above -captioned matter. Dated: December 23, 2014 McDONNELL & ASSOCIATES, P.C. By: /:0I Ord . x t Patrick J cDo ell, Esquire Gwyneth R. Williams, Esquire 182.042 MCDONNELL & ASSOCIATES, P.C. By: Patrick J. McDonnell, Esquire Attorney I.D. No.: 62310 pmcdonnell@mcda-law.com By: Gwyneth R. Williams, Esquire Attorney I.D. No.: 319219 gwilliams@,mcda-law.com Metropolitan Business Center 860 1st Avenue, Suite 5B King of Prussia, PA 19406 Telephone - 610-337-2087 Facsimile - 610-337-2575 TERRY ZOOK COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. 14-6830 WAL-MART STORES EAST, LP and SEABROOK BROTHERS & SONS Defendants. CERTIFICATE OF SERVICE I, Gwyneth R. Williams, Esquire hereby certify that a true and correct copy of the Entry of Appearance and Demand for Jury Trial on behalf of the Defendant, Wal-Mart Stores East, LP was filed with the Court and served via U.S. First Class mail, postage pre -paid, upon the following: Dated: December 23, 2014 Hilary Vesell, Esquire Kope & Associates, LLC 3900 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff Seabrook Brothers & Sons 85 Finley Road Bridgeton, NJ 08302 Co -Defendant McDONNELL & ASSOCIATES, P.C. R. Williams, Esquire WILLIAM J. FERREN & ASSOCIATES By: Patrick J. Moran, Esquire Attorney I.D. #61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for Defendant, Seabrook Brothers & Sons Terry Zook IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.: 14-6830 v. Civil Action - Law Wal-Mart Stores East, LP and Jury Trial Demanded Seabrook Brothers & Sons Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as attorney for Defendant, Seabrook Brothers & Sons, in the above captioned matter. WILLIAM J. FERREN & ASSOCIATES By: Patrick J. Moran, Esquire Attorney for Defendant, Seabrook Brothers & Sons WILLIAM J. FERREN & ASSOCIATES By: Patrick J. Moran, Esquire Attorney I.D. #61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for Defendant, Seabrook Brothers & Sons Terry Zook IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.: 14-6830 v. Civil Action - Law Wal-Mart Stores East, LP and : Jury Trial Demanded Seabrook Brothers & Sons Defendants DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, Seabrook Brothers & Sons, by and through their undersigned counsel, hereby demand a trial by a jury of twelve. WILLIAM J. FERREN & ASSOCIATES By: Patrick J. M • ran, Esquire Attorney for Defendant, Seabrook Brothers & Sons