Loading...
HomeMy WebLinkAbout94-03425 ~l .~ ~ ~ "-, "'-, " \ / /' ( \.. ~ l{) elf ::r rY) , :t 0- . SHIRLEY L. GRIFFITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. LOWE'S OF HECHANICSBURG, 6520 Carlisle Pike, Hechanicsburg, PA 17055, Defendant NO. 94- j~2~f-CIVIL TERM PRAECIPE sirl Please issue a writ of ournmons in the above captioned matter. FOWLER, ADDAMS, SHUGHART & RUNDLE BYI/~ ~ . ~fft~ A. Ad~~S 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff TOI LaWrence E. Welker, Prothonotary DATE I June 24, 1994 . Commonwealth of Pennsylvania County of Cumberland Shirley A. Griffith w. Court 01 Common Pleas No. ._....._J.1:J~_~lU:.~yA!..!~.~!!'._. 19.... III ......... 9.~y_~~..~~ ~.i.c:!J.l..:..~.I!':!_.____.... Lowe'o of Mechaniooburg 6520 Carlisle pike Mechanicsburg PA 17055 Lowe's of Mechanicsburgl To ._.....__.___..____.__.____......___......._. You are hereby notined that Shirley A. Griffith .....--------------------------------------------.-------.-.-------.-.-----.-.---.-.-------.-.---- the Plainllll has commenced an action in ._..~~!.1:'~<?~~._:..~~_'!~_~_!!.~.~!~p..__:..~~~.._....m. against you which you are required to defend or a default Judgment may be entered against you. (SEAL) Lawrenoe E. Welker Date _...:!~.'l!!..~.:1..~......___..... 19..~.4 I B21 11) f-< .-l ..... .~ U an N .., l"'I I .., 0\ 13 ..... II-l II-l 'd _ Cl tn Y .D ~ ..... c:l III ~ 11) :& 'H o III . ~ o ~ . ~ ~ .-l .~ .d Ul . .S J :- III ~ ~I II ~ r~~~! ~L!~~ ~i~ll<~'" l:: o ..... l-' U <( M ..... > ..... U ! CCMlClM'iEA1,11l 01' PENNSYLVANIA, COUtm' 01' ClMIlEllImJ Shirley A. Griffith VS lo.ro' 0 of />k!chanicsburg Michael Darrick SilER I FF I S IlE'JUIlN In '1Ile lburt of (bnron PleJ\B of c.\ltrberland lbunty, Pennsylvania No. 94-3425 Civil 'renn SUIlloono in civil I\ctlon Law , ~ Deputy Sheriff of CUnberland County, Pennsylvania, who being dUly sworn according to law, sayo, that he served the within Sl.I111Vns in Civil I\ction Law upon ~, s of Mechanicsburq p,M.xJeltT / EDs'r, on the 6520 Carlisle Pike. l1:!chnnicsburq Pennsylvania, by handing to , the defendant, at 8159 o'clock 28 day of , 19..2.!at June , CUnberland County, U ndioe Drioli, Manager and adult in charge a true and attested copy of the Sunm:>ns in civil Action Law and at the Slllro time di reeling her attention to the contents thereof and the "Notice to Plead" endorsed thereon, Sheriff's CostSI lbcke ting Service Mfidavit Surcharge 14.00 5.60 2.00 2I:6ii Pd. by Atty. 6-29-94 So answ~ ~ r""~:.r;n-df ...- H. ThOMS Kline, Sheriff Sworn and subscribod tu befm"e Irn this I, I! day of ~____ 19_'~ A.D, - ~f-/Ll- C )/wb~T~~ Prothonotary by ) ~ ~ ... '. SHIRLEY A. GRIFFITH, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I I CIVIL ACTION - LAW v. I I NO. 94-3425 LOWE'S OF MECHANICSBURG, I I Defendant I JURY TRIAL DEMANDED PRAECIPE lOR ENTRY or APPEARANCB TOI Lawrence E. Welker, Prothonotary Please enter the appearance of the undersigned as counsel of record for Lowe's of Mechanicsburg, Defendant, in connection with the above matter. Date I '1-)' ~ 9y re street 17108 I .. '. OIRTI.IOATI O' IIRVIOI I, Peter J. Speaker, Eoquire, of the law firm of Thomas, Thomas' Hafer, attorney for Defendant hereby certify that a true and correct copy of the foregoing document was sent to the fOllowing counsel of record by placing a copy of same in the United states mail, postage prepaid, at Harrisburq, Pennsylvania addressed as follows: William A. Addams, Esquire Fowler, Addams, Shughart' Rundle P. O. Box 208 carlisle, PA 17013 Datedl t.; -71 By Esqu re street 17108 IN TII COURT or COKNON PLIAS, CUKBIRLAND COUNTY, PINHSYLVANIA CIVIL DIVISION SHIRLEY A. GRIFFITH, I I I I File No. 94-3425 I I PRAECIPE AND RULE TO FILE I X A COMPLAINT I A BILL OF PARTICULARS Plaintiff v. LOWE'S OF MECHANICSBURG, Defendant TOI LAWRENCE E. WELKER, PROTHONOTARY Issue rule on Plaintiff to file a ComDlaint within twenty days after oervice of the rule 0 of non pros. in the above oase "~fer a 'udgment r- DATEI 7 'r; "1tj /c Siinature I {/' Pr nt Namel em . Attorney forI D e da Addressl P.O. B ~/ 9 305 No th Font Street Harrisburg, PA 17108 Telephone No.1 717-255-7644 Supreme Court ID No.1 42834 NOW, \ "Iu (ll II, ,11,1 Ii 1.,1 -- I 1" , 1994, RULE ISSUED AS ABOVE. BYI L IlLUI e Ill" (' (:. I\J I (II f' ,.' . prr:~t~':J Deputy Esq. a; ~ ::r:: i;.~, _ ;"'.1 ("J 5 ....>.....1 ; ~ ,. \' ':, 1'..,.. J;j.c ~, ..~ f..,., SHIRLEY L. GRIFFITH, Plaintiff IN '1'IIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. LOWE'S OF MECHANICSBURG, 6520 Carlisle Pike, Mechanicsburg, PA 17055, Defendant NO. 94-3425 CIVIL TERM JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims Bet 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 A 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 OUR WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephonel (717) 240-6200 \ SHIRLEY L. GRIFFITH, Plaintiff v. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I NO. 94-3425 CIVIL TERM I I I JURY TRIAL DEMANDED LOWE'S OF MECHANICSBURG, 6520 Carlisle Pike, Mechanicsburg, PA 17055, Defendant COMPLAINT AND NOW, comes the plaintiff, Shirley L. Griffith, by her attorneyo, Fowlsr, Addamo, Shughart & Rundle, and makes the following complaintl 1. The plaintiff is Shirley L. Griffith, an adult individual residing at 1495 York Road, carlisle, Cumberland County, Pennoylvania. 2. The defendant io Lows's of Mechanicoburg, a corporation with its officeo and principal place of business at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 3. On July 14, 1992, at about 8100 a.m. the plaintiff and her huoband were invitees, shopping in defendant's otore. 4. At said time and place, the plaintiff's huoband pulled a box containing a toilet seat from the right side of the display of open cartono otacked above the plaintiff'O head, whereupon the entire display fell and a box struck the plaintiff on her right forearm reou1ting in a severe and permanent injury. 5. The plaintiff's injury wao cauoed by the negligence and carelesoness of the defendant inl A. Not properly stacking ths display. B. Not properly securing the display. c. Stacking the display too high in open cartons, D. Failing to warn that the dioplay could fall. 6. The dioplay was under the exclusive control of the defendant and the accident would not have happened if the defendant had exercioed due care. 7. As a result of the negligence and careleosness of the defendant, the plaintiff sustained a severe and permanent injury to her right forearm, including the ulnar nerve. 8. The plaintiff has incurred medical expense, which will continue in the future. 9. The plaintiff hao sustained a laos of earnings and a lose of earning capacity. 10. The plaintiff has undergone pain and SUffering, and a laos of life'S pleaoures which will continue in the future. WHEREFORE, the plaintiff demando judgment against the defendant in an amount in exoeso of $25,000 plus delay damages and costs of suit. FOWLER, ADDAMS, SHUGHART & RUNDLE BYl ~2::" -, . '/ -"~ /~',~~ W 1 iam A. A ams 28 South pitt Street P.O. Box 208 carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff , VERIFICATION shirley L. Griffith hereby verifies that the facts set forth in the foregoing complaint are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made oubject to the penalties of 18 Pa. c.S. 54904 relating to unsworn falsifications. JAil ~ ' '/ " " UA'1 ,;. tfhL DATE I Y.:lI/199 'I dUl l\ 10 118 ~K 1M , i, LV' .ltf let I)f 1\" i,C'11101l'lTM,t C\'Hi\U'c~I.o CQlJlIlY l'fIlllS,\.~l~l~ r .. IN TilE COURT OF COMMON PI,EAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVII, DIVISION SHIRLEY A. GRUFITII, Plaintiff v. LOWE'S OF MECIIANICSBURG, Defendant NO. 94-3425 PRAECIPE FOR WRIT and WRIT TO JOIN ADDITIONAL DEFENDANT PRAECIPE To: Lawrence E. Welker, Prothonotary Issue writ to join the following ao additional defendant in the above-captioned caoe: EDWARD E, GRIFFITH. 1495 YORK ROAD. CARLISLE, PENNSYLVANIA 17013 Counsel for the Plaintiff is: William A, Addamo. Esquire Counsel for the Defendant is: Peter J. Speaker. Esquire Counsel for the Additional Defendant (if known and Date: JUlv 28, 1994 is: Signature: Pr int Name: s Address: IIafer P. 0, Box 999. IIarrisburq. PA 17108 Supreme Court ID No. 42834 Telephone No. (7171 255-7644 WRIT OF SUMMONS TO ADDITIONAL DEFENDANT TO: EDWARD E. GRIFFITII. 1495 OLl) YORK ROAD. CARLISLE. PA 17013 YOU ARE NOTIFIED THAT DEFENDANT LOI~E' S OF MECHANICSBURG /lAS JOINED YOU AS AN ADDITIONAL DEFENDAN'l' IN TIIIS ACTION, WIIlCH YOU ARE REQUIRED TO DEFEND, Datel -f)Jd'l,f <~1 11~ '{ ,; 1"11'. ..',; II/". /1 ~I - I /'-'III,{, /I~ Prothonotary fly: " '. II j' {.- , . " '}71' {( I, /'_ '''l,/I~J ~/4.' Depllty OERTIFIOATe OF SBRVIOe I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, attorney for Defendant hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the united states mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows I William A. Addams, Esquire Fowler, Addams, Shughart & Rundle P. O. Box 208 Carlisle, PA 17013 DatedI7"U"W re By Street 17108 orl: - f'ri"' . I ~UG I , \ j' , ' o "'" JUl.', . , I 1-- ~l .' '" I i ~ 'w lQ @!)t ~ J I'- ..... t I'- ~ - ~I 0- co fl ~ 0 fl .... ~ ~ I'- ~ ~I "'""~ . ..... ! ~Z ~ rJ I ~~ '" ~ ,,( ~ ~f ~ 0 . ~ 1Il " ~j . ~ ~ ~ ;J. .. . :' PETERS lie WASILEFSKI ATTO."'...V. A~ CDUN"'L~. AT LAW a831 NOfIllTH "'''ON1 ST'"'''' HA""IUUftO PINNan."A""'" 17110 TILI"'tONI. (7'7) 838,715158 v. I IN 1'IIE COUR'I' OF COMMON PLEAS I CUMIIEIlI.AND COUN'I'Y, PENNSYLVANIA I I NO. 94-]425 I I CIVIl, ACTION I I I I I I SIIIRI,EY A. GRIFFI'I'II, Plaintiff v. LOWE'S OF MECIIANICSDUHG, Defondant EDWARD E. GRIFFITH, Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Additional Defendant, Edward E. Griffith. EFSKI J. J. liONETTI, ESQUIRE Atto~ oy I.D. *34329 2391 North Front Street Harrisburg, PA 17110 (717) 238-7555 Counoc1 for Additional Defendsnt Datol /o/3!d " ... II ... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing, PRAECIPE FOR ENTRY OF APPEARANCE, hao been dIlly served Ilpon all cOllnoel of record and partieD of interest by depooiting the oamo in the United States Mail, firot c1aos, pootago prepaid, in . Harrioburg, Penns~'lvania, 011 thic ,;.fr{. day of October, 1994, and addreooed as followSI William Addamo, EO~lire 28 SOllth Pitt Street Carlisle, PA 17013 Peter Speaker, Esquire Thomas, Thomas & IInfer P.O. Box 999 Harriaburg, PA 17108 . ,-} 1/1 tl'&;iid" IJlliltlt.(.(-~_. Patricia A. Martin, Secretary is'i .. cr::: ~- ... m N ,Y) Jj .... ~:' 'Jt ~. ~.. ilL 1. "I SHIRLEY A. GRIFFITH, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. 94-3425 I I I JURY TRIAL DEMANDED I I I v. LOWE'S OF MECHANICSBURG, Defendant v. EDWARD E. GRIFFITH, Additional Defendant .OTIC. TO PLEAD TOI ALL PARTIES You are hereby notified to plead to the enclosed NEW MATTER within twenty (20) days from service hereof or a default jUdgment may be entered against you. By Pe re I. . 14 P. O. Box 305 North Front Street Harrisburg, PA 17108 (717) 255-7644 Attorney for Defendant Lowe's of Mechanicsburg Dated I If) , 11.911 SHIRLEY A. GRIFFITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 94-3425 I v. LOWE'S OF MECHANICSBURG, Defendant v. EDWARD E. GRIFFITH, Additional Defendant JURY TRIAL DEMANDED DlflNDANT'S ANSWER TO PLAINTIff'S COMPLAINT The Defendant, Lowe's of Mechanicsburg ("LoWe's"), by its attorneys, Thomas, Thomas & Hafer, answers the Plaintiff's complaint and sets forth New Matter as follows: 1. Admitted. 2. It is denied that "Lowe's of Mechanicsburg" is a corporation. Lowe'o Home centers, Inc., has a store at 6520 Carlisle pike, Mechanicsburg, Cumberland county, Pennsylvania. 3.-4. Lowe's, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the avermento. 5. Denied. It is denied that Lowe I s was negligent and careless in any way and that any conduct on the part of Lowe's was a cause of the plaintiff's alleged injury. By way of further answer, it io denied that the Plaintiff's alleged injury was caused by the negligence and carelesoneoo of the Defendants in: A. Not properly stacking the display; B. Not properly seourinq the display; c. staokinq the display too high in open oartonsl and D. Failing to warn that the display could fall. 6. Denied. It is denied that the display was under the exclusive control of Lowe's and that the accident would not have happened if Lowe's had exercised due oare. By way of further answer, Lowe's did exercise due care and Plaintiff's own complaint shows that the display wao not under Lowels exclusive control. 7. Denied. It is opecifically denied that Lowe I s was negligent and careleos and that any conduct on its part was the cause of the Plaintiff's alleged injury. Lowe's, after reasonable investigation, is without knowledge or information suffioient to form a belief as to the truth of the other averments. 8. -10. Lowe I s, after reaoonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments. WHEREFORE, the Defendant, Lowe's of Mechanicsburg, demands judgment in his favor and against the Plaintiff, plus oosts. NIlW HATTER 11. The above answers and averments are incorporated herein. 12. The Plaintiff's alleged injuries were caused by her own negligenoe and assumption of the risk. 2 13. The Plaintiff failed to mitigate her alleged damages. 14. The Plaintiff's alleged injuries and damages were caused by the negligence of the Additional Defendant Edward E. Griffith. WHEREFORE, the Defendant, Lowe I 0 of Hechanicsburg, demands jUdgment in his favor and against the Plaintiff, plus costs. By P I D I P. O. 3051 th Front street Harrisburg, PA 17108 (717) 255-7644 Attorney for Defendant Lowe's of Hechanicsburg Speaker, Esqu re 4 x 999 Datedll/) 'I('"y 3 griffit~ v. lowe's (ans to complaint) VERIfIOATION A( . L E, . I, liND,S , 1\..01-1 , verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made oUbject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. CIRTIrICATI or 81RVICI I, Peter J. Speaker, Esquire, of the law firm of Thomas, Thomas & Hafer, attorney for Defendant hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United states mail, postage prepaid, at Harrioburg, Pennsylvania addressed as follows: William A. Addams, Esquire Fowler, Addams, Shughart & Rundle P. o. Box 208 Carlisle, PA 17013 Dennis J. Bonetti, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 Datedl Ib '(("Y . Spealter, Esqu re 42834 0, Box 999 North Front Street risburg, PA 17108 (717) 255-7644 ,J , I . SHIRLEY A, GRIFFITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 94-3425 v, LOWE'S OF MECHANICSBURG, Defendant v, JURY TRIAL DEMANDED EDWARD E, GRIFFITH, Additional Defendant PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the cross-claim of Lowe's of Mechanicsburg against Edward E. Griffith DISCONTINUED WITH PREJUDICE, BY: P TER . SPEAKER, ESQUIRE / I. ~/' 4 034 30~ th Front Street P.O. Box 999 Harrisburg, PA 17106-0999 (717) 255-7644 Attorney for Defendant, Lowe's of Mechanicoburg Dated: 1-1 J '1)" I: , rr . . . CIRTIrICATI or SIRVICI I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE WITH PREJUDICE has been duly served upon all counsel of record and partieo of interest by depositing the same in the United Stateo mail, first class, pootage prepaid, in Harrisburg, Pennsylvania, on this ~day of January, 1995, addressed ao followsl Peter J, Speaker, Eoq. Thomao, Thomas & Hafer P.O, Box 999 Harrisburg, PA 17108-0999 William A. Addams, Esquire 28 South Pitt Street Carlisle, PA 17013 PETERS & WASILEFSKI ~ :z j 0 ~~,E~ -!~i~ ~!ljg WiI Q. .