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HomeMy WebLinkAbout02-2873COURTNEY YOST, Plaintiff V. J. C. PENNEY'S, and SARA STOVER Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION NO. - (D~ ~P'~r3 : : :JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days al~er 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 thc Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 COURTNEY YOST, Plaintiff J. C. PENNEY'S, and SARA STOVER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION NO. ~)O~ -- 02 ~ 3 : :JURY TRIAL DEMANDED : COMPLAINT 1. Plaintiff Courtney Yost is an adult individual who resides at 707 Pear Street Apt. #5 Lemoyne, PA 17043. 2. Defendant J. C. Penney's is believed to be a corporate entity doing business at 3506 Capital City Mall Drive, Camp Hill, PA 17011-7003. 3. Defendant Sara Stover is an adult individual who's residence is currently unknown. 4. On or about August 22, 2000, Plaintifftraveled to J. C. Penney's to shop. 5. Plaintiff took several items to the dressing room to txy on. 6. Plaintiff left said items in the dressing roor~ 7. Plaintiff then exited the store to return to work. 8. Upon information and belief agents of the store followed Plalntiffinto the parking lot and took down her vehicle registration. 9. Upon information and belief Defendant J. C. Penney's by and through its agents and employee's and assigns did comact the Lower Allen Township Police Department and accuse Plaintiffofthefi. I0. Plaintiffwas summoned to the Police Station where Plaintiffdehied any wrong doing. 11. As a result of the criminal complaint by Defendants, by and through its employees, agents, and its assigns, Plalntiffwas charged the crime oftheR under 18 Pa. C.S. 3929 (1) 12. A trial was scheduled for October 3,'2000, as Plaintiff:plead not guilty. 13. Plaintiffthen secured counsel, and the matter was re-scheduled for October 30, 2000, before the Honorable District Justice Charles A. Clement, Jr. 14. Plaintiffwas acquitted of the charge. 15. At the time of the hearing Sara Stover appeared and testified on behalfofJ. C. Penny's, and indicated she was an employee of J. C. Penney at the time of the original incident. 16. As a result oftbe false allegations, Crown American owner of the Capital City Mall, wrote a letter banning Plaintiff fi.om the mall for six (6) months, said letter was cc'd to numerous individuals (See Exhibit "A") COUNT I. MALICIOUS PROSECUTION YOST v. J.C. PENNY'S 17. The prior paragraphs are incorporated by reference. 18. Defendant J. C. Penney' s, through agents, servants, and employee's, including Sara Stover, instituted the proceedings for thel~ by requesting the Police do the same. 19. Defendant was aware or should have been aware through its agents, servants, and employees, including Sara Stover that the claim was without probable cause. 20. Defendant J. C. Penney's, through its agents, servants, and employees, including Sara Stover, acted with actual malice because they did not have probable cause to initiate prosecution. 21. The criminal proceedings terrainated in favor of the Plaintiff.. 22. As a result of the above conduct of the Defendant, through its agents, servants, and employees, including Sara Stover, the Plaintiffhas been brought in the direct and ill repute among her friends, business associates, and family, and has been subject to great humiliation. 23. Plaintiff suffered various injm, ies including mental anguish, emotional distress, harm to her reputation, humiliation, injury to her feelings, and various pecuniary losses. 24. Plaintiffs injuries were caused by the unlawful actions of the Defendant. 25. By reason of the malicious wanton and willful conduct of the Defe~aant, Plaintiff demands punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant for her compeusatoc¢ damages in an amount in excess limits of compulsory arbitration and punitive damages in an amount to be determined by the trier fact, along with costs, interests in attorney fees. COUNT H. MALICIOUS PROSECUTION YOST v. STOVER 26. The prior paragraphs are incorporated by reference. 27. Defendant Sara Stover, instituted the proceedings for tbet~ of services by requesting the Police do the same. 28. Defendant was aware or should have been aware that the claim was without probable C~,Use. 29. Defendant Sara Stover acted with actual malice because she did not have probable cause to initiate a prosecution. 30. The criminal proceedings terminated in favor of the Plaintiff. 31. As a result of the above conduct of the Defendant Sara Stover, the Plaintiffhas been brought in direct and ill repute among her friends, business associates, and family, and has been subject to great humiliation. 32. Plaintiff suffered various injuries including mental anguish, emotional distress, harm to her reputation, humiliation, injury to her [eelings, and various pecuniary losses. 33. Plaintiffs injuries were caused by the unlawful actions of the Defendant. 34. By reason of the malicious wanton and willful conduct of the Defendant, Plaintiff demands punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant for her compensatory damages in an amount in excess limits of compulsory arbitration and punitive damages in an amount to be determined by the trier fact, along with costs, interests in attorney fees. COUNT m. FALSE ARREST YOST v. J.C. PENNY'S 35.The prior paragraphs incorporated by reference 36. At all times material hereto, Defendant J. C. Penny's acted through its agents, servants and employees who in turn worked within the course and scope of their agency and employment for Defendant. 37. At all times material hereto, the Plaintiff did nothing illegal, wrong or improper. 38. At all times relevant, the Defendant, its employees, agents and assigns failed to exercise reasonable care in determining whether or not a the~ had occurred. 39. And made no effort to determine whether said "stolen" items remained in the dressing room. 40. As a result of the Defendant's conduct, the Plaintiffwas detained at the Police station and placed under arrest and booked. 41. By reason of the acts of the Defendant's employees and Defendant, Plaintiff suffered severe damage to her credit and reputation. trial 42. As a result of the charge, the-Piaintiffwas compelled to attend a court hearing and 43. Both of these detentions were extremely embarrassing and needless and were the direct and proximate result of Defendant's conduct and actions. 44. As a result of the conduct of the Defendant, the Plaintiffhas been brought into ill repute among her friends and business associates and subject to great humiliation. 45. Plaintiff suffered various injuries including memal anguish, emotional distress, harm to her reputation, humiliation, injury to her feelings, pecuniary losses. 46. Plaintiff's injuries were caused by the unlawful and malicious actions of the Defendant. 47. By reason of the outrageous, malicious, want and willful conduct of the Defendant, Plaintiff is entitled punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant for compensatory damages in amount in excess of limits of compulsory arbitration and for punitive damages in amount to be determined by the trier fact, along with costs, interests, and attorney's fees. COUNT IV. FALSE ARREST AND FALSE IMPRISONMENT YOST v STOVER 48. The prior paragraphs are incorporated by reference. 49. At all times material hereto, Defendant J. C. Penny's acted through its agents, servant's and employee's who in turn worked within the course and scope of their agency and employment for Defendant. 50. At all times material hereto, the Plaintiff did nothing illegal, wrong or improper. 51. At all times relevant, the Defendant, Sara Stover failed to exercise reasonable care in dete~rdning whether or not a theft had occurred. 52. Defendant made no effort to determine whether said "stolen" items remained in the dress~ room. 53. As a result of the Defendant's conduct, the Plalntiffwns detained at the Police station and placed under arrest and booked. 54. By reason of the acts of the Defendant Sara Stover, Plaintiff suffered severe damage to her credit and reputation. 55. As a result of the charge, the Plaintiffwas compelled to attend a court hearing and trial. 56. Both of these detentions were extremely embarrassing and needless and were the direct and proximate result of Defendant's conduct and actions. 57. As a result of the conduct of the Defendant, the Plaintiffhns been brought into ill repute among her friends and business associates and subject to great humiliation. 58. Plaintiff suffered various injuries including mental anguish, emotional distress, harm to her reputation, humiliation, injury to her feelings, and pecuniary losses. 59. Plaintiff's injuries were caused by the unlawfial and malicious actions of the Defendant. 60. By reason of the outrageous, malicious, want and willful conduct of the Defendant, Plaintiff is entitled punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant for compensatory damages in amount in excess of limits of compulsory arbitration and for punitive damages in amount to he determined by the trier fact, along with costs, interests, and attorney's fees COUNT V. NEGLIGENCE YOST v. J.C. PENNEY'S and SARA STOVER 61. The prior paragraphs are incorporated by reference. 62. At all times material hereto, Defendant J. C. Penney's acted through its agents, servants and employees, who in turn acted in course and scope of their agency employment for Defendant. 63. On or about August 22, 2000, the Defendant J. C. Penney's acted through its agents, servants, and employees, knowing that without a reasonable basis, and without investigating or determining the disposition oftbe items taken into the dressin~ mom, requested that the Police detain Plaintiffand file a criminal claim against her. 64. The Police in acting upon request of the Defendants arrested and detained Plaintiffand brought charges of theft. 65. The only legitimate purpose in directing the Police to detain Plaintiffwould be if Defendants had believed or had actual knowledge the Plaintiffcommitted a theft, and the Defendants had no such reasonable basis. 66. Since Plaintiff was not arrested on the spot or detained when leaving J. C. Penney's, Defendants had adequate time and resources to verify that a theft had occurred, and if the alleged theft had been investigated, they would have determined that no thef~ had occurred. 67. Defendants were negligent in the following ways: A. Not conducting an adequate investigation. B. Not looking in the dressing room to determine that no clothes were taken. C. In failing to notice that Plaintiffhad no merchandise on her in leaving the store. D. In failing to adequately train employees in theft detection and prevention. E. In failing to train employees in such a manner as to avoid arresting, detaining, hassling or otherwise accusing innocem people of theR. F. In failing to take reasonable precautions to prevent the prosecution of an innocent person. G. In failing to conduct an inventory count before bringing the charges. H. In failing to keep adequate invemory control so that Defendants would know the number and quantity of items on the store floor to prevent false accusations. 68. As a result of the above conduct of Defendants, the Plaintiffhas been brought in direct and ill repute among her friends, business associates, and been subject to great humiliation~ 69. Plaintiff suffered various injuries including mental anguish, emotional distress, harm to her reputation, humiliation, inju~ to her feelings, and pecuniary losses. 70. PlaintitYs injuries were cased solely by the unlawful and malicious acts of the Defendant. 71. Bm the before said conduct, the Defendant acted maliciously, willfully, intentionally, and did abuse the criminal process, and is liable to Plaintiff for damages and punitive damages. WHEREFORE, Plaintiff demands judgement against Defendant for her compensatory damages in mount excess oftbe limits of compulsory arbitration and fxo punitive damages in amount to be determined by the trier in fact, along with costs, interests, and attorney's fees. Respectfully Subrm'tted, ROMINGER & BAYLEY Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Plaintiff VERIFICATION I, Courtney Yost verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Courtney Yost ~ CROWN AMERICAN RETURN RECEIPT REOUESTED P 175 140 610 September 22, 2000 Counney Yost 329 5c' Ct. West Fair,flew, PA 17025 Dear Courtney Yost; Because of your recent conduct on our property, you are hereby notified that you are banned from the Capital CRy Mall for a period of 6 months, Your presence at Capital City Mall is not welcome by Crown Alnerican Properties, LP. again until March 1, 2001. As you are aware, the Lower Allen Police Department filed a report against you, therefore, this corrective action must be taken. ]f you choose to ignore this written request by your presence at Capital City Mail or any of the parking facilities thereto, we will have no other recourse than to pursue the proper legal channels for defiant trespassing. Thank you for your cooperation. Sincerely, CROWN AMERICAN PROPERTIES, L.P. Iohn 1'4. Walters General Manager JN'W/nep Ron Yanni, Asset Management, Crown American Properties, L.P. Crown American Properties, L.P. Legal Department Chief, Charles Snyder, Lower Allen Police Department Officer, David Reisman, Lower Allen Police Department CAPITAL CITY MALL CROWN AMERICAN PROPERTIES. L.P. TOTAL P. 82' SHERIFF'S RETURN - REGULAR C~SE NO: 2002-02873 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOST COURTNEY VS J C PENNEY'S ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STOVER SAP~AH the DEFENDANT , at 1749:00 HOURS, at 86 N 41ST STREET on the 25th day of June , 2002 CAMP HILL, PA 17011 by handing to ROBERTA NICKLESS, MOTHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 27.04 Sworn and Subscribed to before me this ~ ~ day of ~ ~802~ t 'Prothonotary So Answers: R. Thomas Kline 06/26/2002 ROMINGER & BAYLEY Deity gheriff MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: LAWRENCE S. SAROWITZ, ESQUIRE Identification No.: 28384 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 3700.0057 Attorney for Defendant(s), J.C. PENNEY COMPANY, INC. incorrectly designated as J.C. PENNEY'S COURTNEY YOST VS. $.C. PENNEY'S and SARA STOVER COURT OF COMMON PLEAS Cumberland County No. 02~2873 ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAl, TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant(s), J.C. PENNEY COMPANY, INC. incorrectly designated as J.C. PENNEY'S, in the within action. Defendant(s) hereby demands a jury trial in this matter. Jury of twelve with alternates, demanded. MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: ~~ LAWRENCE S. SAROWITZ, ESQUIRE Attorney for Defendant(s), J.C. PENNEY COMPANY, INC. incorrectly designated as J.C. PENNEY'S SHERIFF'S RETURN 'CA~E NO: 2002-02873 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOST COURTNEY VS J C PENNEY'S ET AL - REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon J C PENNEYS the DEFENDANT , at 1220:00 HOURS, at 3506 CAPITAL CITY MALL CAMP HILL, PA 17011 CHAD MOWERY on the 14th day of June , 2002 by handing to LOSS PREVENTION MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ~-~ day of ~ A.D. · ~rothonotary ' So Answers: R. Thomas Kline o6/26/2oo2 ROMINGER & BAYLEY Sheriff MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS BY: LAWRENCE S. SAROWITZ, ESQUIRE Identification No.: 28384 22nd Floor 1528 Walnut Street Philadelphia, PA 19102 (215) 735-7200 MSZL&M File No. 3700.0057 Attorney for Defendant(s), J.C. PENNEY'S, SARA STOVER COURTNEY YOST VS. J.C. PENNEY'S and SARA STOVER ICOURT OF COMMON PLEAS Cumberland County No. 02-2873 ORDER TO MARK ACTION SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Dated: Please mark the above action settled, discontinued and ended. Karl E. Rominger, Esquire Attorney for Plaintiff