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HomeMy WebLinkAbout94-01672 .. 11\ ~ ~ ~ (S ~ Vl ,- 'U 3 . ~ ~ "'-S) .......... I ::::t- ~ ROBIN WEBBER and TERRY WEBBER, her husband, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. q+ - !fp1Y ~L.JlIVvY'-' vs. WEIS MARKETS, INC., DEFENDANT COMPLAINT 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 claimed in the Complaint.or for any other claim or relief requested by the Plaintiff. You may lose money 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 ; I HELP. THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AND NOW, come the Plainti.ffs, Robin Webber and Terry Webber, by their attorneys, Buzgon, Davis, Reed, Charles, Huber & Coyle, Ltd., and file the within Complaint, averring as follows: 1. Plaintiff, Robin Webber, is an adult individual who resides at 402 West Crestwood Drive, Apartment AB, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. plaintiff, Terry Webber, is an adult individual who resides at 402 West Crestwood Drive, Apartment AB, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. At all times material to this action, Plaintiff Terry Webber was and is married to Plaintiff Robin Webber. 4. Defendant, Weis Markets, Inc., is a Pennsylvania corporation with its principal place of business located at 1000 South 2nd Street, Sunbury, Northumberland County, Pennsylvania, 17B01. -2- 5. Defendant owns and operates a grocery store located at 431 North 21st Street, Camp Hill, CUmberland County, Pennsylvania. 6. On May 30, 1992, at approximately 4:00 P.M., Plaintiff, Robin Webber, entered the Defendant's grocery store located at 431 North 21st Street, Camp Hill, Pennsylvania, for the purpose of purchasing vegetables. 7. At the aforesaid date and time, Plaintiff wall walking in the Defendant's grocery store at the produce department when she was caused to slip and fall as a result of a slippery and/or dangerous condition of the grocery store floor. 8. The slippery and/or dangerous condition of the grocery store floor was caused by the negligence, carelessness and/or recklessness of the Defendant; said negligence, carelessness and/or recklessness consisting, inter alia, of the following: (a) Allowing the floor of the grocery store to remain in a wet, slippery and/or dangerous condition; (b) Failing to warn individuals such as the Plaintiff of the wet, slippery and/or dangerous condition of the grocery store floor; -3- -4- .._-~."''';.' "~-~...<-",-",-..-. ~..-.. .", (c) Failing to adequately warn individuals such as the Plaintiff of the wet, slippery and/or dangerous condition of this floor; (d) Failing to adequately warn individuals such as the Plaintiff of the aforesaid wet, slippery and/or dangerous condition during the entire duration thereof; (e) Failing to insure warnings were not removed until this wet, slippery and/or dangerous condition had abated; (f) Failing to remedy a known wet, slippery and/or dangerous condition; (g) Causing this wet, slippery and/or dangerous condition to come into existence; (h) Failing to discover the wet, slippery and/or dangerous condition; (i) Failing to use due care under the circumstances then and there existing; (j) Otherwise failing to use due care as discovery may reveal. COUNT ONE - PLAINTIPP. ROBIN WEBBER v. DEFENDANT 9. The averments of Paragraphs 1 through 8 are incorporated herein by reference as if textually set forth at length. 10. Solely as a result of the negligence and carelessness of the Defendant, Plaintiff, Robin Webber, was caused to suffer the foll?wing injuries: (a) severe fracture of the right patella; and (b) palpitations and shortness of breath resulting from pain medication prescribed for the fractured patella. 11. As a result of the aforesaid accident, Plaintiff has been caused and will in the future be caused to undergo physical pain, suffering, aggravation, inconvenience, mortification, embarrassment and mental anguish, for which she is entitled to remuneration. 12. As a result of the aforesaid accident, Plaintiff has in the past and will in the future accumulate reasonable and necessary expenses for medical services and therapeutic treatments, for which she is entitled to remuneration. 13. As a result of the aforesaid accident, Plaintiff has in the past and will in the future be forced to incur expenses for -5- "'"'------ transportation to and from her medical providers, for which she is entitled to remuneration. 14. As a result of the aforesaid accident, Plaintiff has sustained a loss of earnings and may in the future sustain a loss of earning capacity, for which she is entitled to remuneration. 15. As a result of the aforesaid accident, Plaintiff has sustained a permanent diminution in her ability to enjoy life and life's pleasures, for which she is entitled to remuneration. 16. As a result of the aforesaid accident, Plaintiff has suffered medically determinable physical impairment which has in the past and may in the future prevent her from performing many of the material acts and duties which constitute her usual and daily activities, for which she is entitled to remuneration. WHEREFORE, Plaintiff, Robin Webber, demands judgment of and from the Defendant, Weis Markets, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,OOO) together with delay damages, interest and costs of suit. -6- COUN'l' TWO - PLAINTIFF, TERRY WEBBBR v, DBFENDANT 17. The averments of Paragraphs 1 through 16 are incorporated herein by reference as if textually set forth at length. 18. Solely as a result of the negligence of the Defendant aforesaid, Plaintiff, Terry Webber, has been deprived of the aid, comfort, society and companionship of his wife in the past and will continue to suffer such loss in the future, for which he is entitled to remuneration for his loss of consortium. WHEREFORE, Plaintiff, Terry Webber, demands judgment of and from the Defendant, Weis Markets, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,000) together with delay damages, interest and costs of suit. BUZGON, DAVIS, REED, CHARLES, HUBER & COYLE, LTD. BY: O-.A W CL/ Bradford H. Charles, Esquire Attorney I.D. #34346 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042 (717) 274-1421 Attorneys for Plaintiffs ~om~ and !!\ueat-of-s:aiaCii':1 ~t_Cillll"'~' ~. ~ day---ol. -- . 19 ~-- - -- -' ...., - 3r~- -7- VERIFICATION I, ROBIN WEBBER, do hereby verify that I am the Plaintiff in the within action, and that the facts set forth in the foregoing COMPLAINT are true and cor:ect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to authorities. ~ . . tJ.)/L~ ROBIN WEBBER Dated: O:d-dl9 -9'Y . . . VBRIFICATION I, TERRY WEBBER, do hereby verify that I am the Plaintiff in the within action, and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S .A. Section 4904 relating to unsworn falsifications to authorities. 2 J,/!i/~-- T~BBER Dated: tJ3 -;z.q,9r' __ i a; . ::s:: e- N l"> C"') ~~ ~:;..l. uJ(....,(:..~ ~~o...t -0 -... u.%~. I ~... ......1'.;- C? '~...!.,/, . ~.l:: --:r ':" X 1 ~\: e, , , ~'0 ei. '--0 ~ 0: ';:; '-' ~ fJ ~..:::s ~ (\-d-J.~ - " ~ N1 ~ .-\ ~ b<::) - ~ -\. ~ _ f'- ~-- .. ~ ~.~ ~ "IS r\'I 1\') . . ., . . " PR..~TPB rtR ~ oe APPBARANCB ROBIN WEBBER and TERRY IN 'l'IIB CXXlRT oe ~ PLEAS oe aHlERLl\Nl <XXRl'!, PEHNSU.VAHIA CIVIL AC.rICIl LAW 00. 11(-- (I",Y' WEBBER, her husband VB. WEIS MARKETS, INC. 'ro ~ OI!' SAID <XXRl'!: SIR, Please enter the Bll"""'rance of Buzgon, Davis, Reed, OIarles, Huber, & Coyle, Ltd., whoee address is 525 South Eighth Street, P.O. Box 49, Lebana1, Pemsylvania, 17042, as attorneys f~ Robin Webber and Terry Webber the Plaintiffs in the above-capticned case. BllZCX'N, DA.VI5, REED, CBARLBS, BDBm & 0Jla.E, LTD. DATED: 1.//,/C/4 . BY: !J.-IwCL/ BRADI!'QU) 8. CBARLBS, ESQ. Attorney I.D. '34346 717/274-1421 ~ en - ::c e>- N '"' C") -:r ... - c:I: ?cr- 4Z.. .-";:)-. WC1C'X UXCJ~ ~OQ~. I"'r-:Z~ ?u"'i.n "'t"-::..!z ..ll.....,.~;r: :~u,~~ "'X ,- ::> ....u '" SHERIFF'S RETURN CCMlONWEAL1H OF PENNSYLVANIA. COUNTY OF ClM3ERLAND In the court of o:mmon pleas of euwerlam County, Pennsylvania N:>. 94-1672 Civil Term c:arplaint in Civil Action Law am N:>tice Robin Webber am Terry Webber, Her husbaId VS Wais M3rkets, Inc. I10nald HarPer , ~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Conplaint in Civil Action Law 1In:l N:>tice upon ~i B ~.arkets. In::. , the defendant. at 11:15 o'clock 1994 at , - A.M. mIlot EDST, on the 7th April day of 411 North 21st Street, CalTp Hill , Cumberland County, Pennsylvania. by handing to Dave Sheriff, Manager of the deferxIant Weis M3rkets, Inc. a true and attested copy of the Conplaint in Civil J\ction law aOO N:>tice and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: f!"~ S:JOt:.1~ R. Thomas Kline, Sheriff 14.00 8.40 2.00 24.40 Pd. by Atty. 4-11-94 by d~/~~/ ,,7 Deputy Sherif?' Sworn and subscribed to before me \ ! i I I I 1 this It.! Sf day of Q/LAJ , 19 l)Y A.D. O,~........(J. ~ll<- .~. Pro~tary . PRAECIPE .' VS. IN THE COURT, OF COMMON PLEAS CIVIL ACTION LAW OF CUMBERLANDCOUNTY. PENNSYLVANIA NO. 94-1672 19 RnRTN W~RR~R Ann ~~RRV WEBBER, Her Husband WEIS MARKETS, INC. TO THE PROT~ONOTARY: E1 D SETTLE & DISCOllTINUE SATISFY DATE: May 16, 1994 13-414 CA../ ATTORNEY FOR PLAINTIFF l)5WjRldfalc Bradford ~. Charles, Esq. . '" -:r' .,.. - ~ O. In e r- - ... = ,~ ""- <- .....~., '",,::,c."'~.:;. ~t4;,,;,...t :: ,,:!:,;:~,.,., . ';.. ..,- ';~- ~ >~~ - '. l;.;'. ;.;. , ! ,.; 1 ~ il [. fl '. .' Ii I "