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Home My WebLink About94-05275 !,t ,ll 1 , 'I j v E . ~ i f. 'i , \ \" 1 t; I I ~ I I I i J I I I j i 1 L.() i C- ro It) AMERIGO P. MUSTO, 212 South 15th Street Camp Hill, PA 17011 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , ') I ,-- / I t1) NO. (III ) ) ( '{}'.~, . I.CH'-- v. McDONALD's RESTAURANT, One Lemoyne Drive Lemoyne, PA 17043 Defendant CIVIL ACTION - LAW COMPULSORV ARBITRATION PRAECIPB FOR WRIT OF SUMMONS TO THE PROTHONOTARVe Please issue a Writ of Summons upon the above-named Defendant at the above-referenced address, advising it that a Civil Action in Law has been commenced against it, which it will be required to defend. Please also issue the Writ of Summons and forward a certified copy thereof along with the enclosed check to the Cumberland County Sheriff in order that service may be perfected upon the Defendant. METTE, EVANS (, WooDSIDB Bye JAVS N R. WOLFGANG Sup ema Court I.D 34 1 North Front P. O. Box 5950 Harrisburg, PA 17110-0950 (71'1) 232-5000 Attorneys for Plaintiff Amerigo P. Musto DATEDe September 14 , 1994 ($1 SIP I~ 3 11 PH '911 II lira \ ' ')1 It\':"',"MI~ r.. \.' I' ,~. { (lIf' ! (, II ~ i ;~ I II, j ,,:,IIJ. \ "I Ii itJ so a~ ~ s " Iii , 1;5 jlJ , , , , '..; C/. 4(1 l' 7r ;-11 16-~.\ I (p DO D ,1 ((61) " ;'. " '''I (07 ,tj3 I t " , r,"", ""'-W~"4jlf.h"'\Mf.-"J';,j~i~~li'''liJ,''r+1~~...;~IUj,.ft.~..,~ ..,.' ., . .~ " ,~. \, . , 1 , ~ ' , . " .' " , - I . J'" ',,:,-",'-~ Commonwealth of Pennsylvania County of Cumberland Amerigo P. Musto 212 South 15th St. Camp Hill PA 17011 VI. Court 01 Conunoll Pleu 94-5275 Civil Term No, _,.__._u________._u_____....------.. 19____ . Civil Action - Law In ____._________._.___.____..__._.._..._._____. McDonald's Rllstaurant Onll Lllmoynll Dr. Lllmoynll PA 17043 McDonald's Rllstaurant: To _____________________________________________ Vou are hereby notified that ,_._____.____.____________________________Pl~~_r1fLQ__~z__~_~~_tQ__________________.________..___ the Plain rill has commenced an action in u____~~~'!':?~!>__:n~_~y_~~__~5:.~!__~!I..::'u~~~____._____ againat you which you a~ required 10 defend or a defauh Judgment may be entered against you, (SEAL) Date _____~:P..~~_~?_~:__!.~!____.__ 19--?~ Lawrllnce E. Welkllr . ...-..-.---------.-p~th~~~~~----------..-..-.. By ...-}L'LlJw_.i,C...--..- No. ..:!.t:.~~.t~..'i:j..'d.\._.__. II~._. .~ . \ I' I, I; '.i " , . .................................... I Ii I ,)' Amerigo P. Musto '" McDon~ld's ReBt~ur8nt " " ------------------------------------ " , " SUnJm~)I" in , ,. Civil Action L8W ------------------------------------ ,I 1Bl'lB, BVNI> , toD'IIIE Bye Jayaon R. Wolfgllllg. Esq. 3401 N. Front St. POBox 5950 IIIIrrisbJrg PA 17110-0950 (717) 232-5000 I, I, I j ',,'J1! , , ------------------------------------ AItAIIM)' .'--"W"".'I ,. . , :\ . ,'" .. .,..~ -~ I . ,. ,~ :..-" ~ ..1' ,'j: .,1 , ,., " i '" /, '. , , . ' . ,"V, -,'- -. - c!'J i! ~ = jg J ~Jll! "'j'& U10 " r , '\. , . J ... , .. ,,,,,", r"' , . AMERIGO P. MUSTO, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTV, PENNSYLVANIA I v. I NO. 94-5275 I McDONALD'S RESTAURANT, I CIVIL ACTION - LAW Defendant I COMPULSORY ARBITRATION PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY I PleaBe withdraw the appearance of Mette, Evans & WoodBide and Jayson R. Wolfgang, EBquire aB counBel for Amerigo P. MUBto, Plaintiff in the above-captioned matter. METTE, EVANS & WOODSIDE BVI '<::.. JAY sup'. 3401 North Front P. O. Box 5950 HarriBburg, PA 17110-0950 (717) 232-5000 ENTRY OF APPEARANCB Please enter the appearance of Peters & WaBilefski and Stephen F. Moore, EBquire aB counBe1 for Amerigo P. Musto, Plaintiff in the above-captioned matter. PETERS & WASILEFSKI BVr J ;: L ,~. /C (c"lC STEPHEN F. MOORE, ESO IRE Sup. Ct. I. D. *62077 2931 North Front Street HarriBburg, PA 17110 (717) 238-7555 DATED I fll7 /1 f AMERIGO P. MUSTO, 1 IN THE COURT OF COMMON PLEAS Plaintiff 1 CUMBERLAND COUNTV, PENNSVLVANIA 1 v. 1 NO. 94-5275 1 McDONALD's RESTAURANT, 1 CIVIL ACTION - LAW Defendant 1 COMPULSORY ARBITRATION COMPLAINT 1. Plaintiff Amerigo P. Musto is an adult individual residing at 212 South 15th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, McDonald's Restaurant is believed, and therefore averred, to be a pennsylvania corporation with its principal place of business at One Lemoyne Drive, Lemoyne, Cumberland County, Pennsylvania. 3. On or about April 17, 1993, at approximately 8130 a.m., Plaintiff was a customer at the Defendant restaurant. 4. On said date and approximately at said time, Plaintiff ordered and was served a pancake and sausage breakfast by employees of Defendant. c. Failing to inspect the pancake and sausage breakfast in order to prevent its consumption by customers such as Plaintiff I d. breakfast contained Serving to plaintiff the pancake and sausage when it knew or should have known that it an unidentified foreign substancel e. Failing to take the necessary steps to ensure quality control with regard to the pancake and sausage breakfast I and f. Failing to exercise due care with respect to the rights of customers such as Plaintiff. 9. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Plaintiff WAS forced to incur great expense, inconvenience and pain in the repair of his teeth and dental work and suffered great pain And Agony, and was rendered sick, sore, ner.vous and disabled, and was thereby disabled from eating and drinking comfortably without pain for a long period of time. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in an amount not in excess of Twenty-five Thousand Dollars ($25,000.00), the jurisdictional limit for compulsory arbitration, plus interest and costs. COUNT II STRICT LIABILITY 10. PlAintiff incorporates herein by reference the allegations contained above in Paragraphs 1 through 9. - 3 - 11, Sometime prior to April 17, i993, Defendant purchased, manufactured and/or prepared the pancake and sausage breakfast which is the subject of this action. 12. The pancake and sausage breakfast was subsequently sold to Plaintiff on April 17, 1993. 13. At the time of the sale by Defendant to Plaintiff, the pancake and sausage breakfast was in a defective condition because it contained the unidentified foreign substance. 14. When purchased, manufactured and/or prepared by Defendant, the pancake and sausage breakfast was expected to reach the ultimate consumer without substantial change in condition, and it did in fact reach its ultimate consumer without substantial change. 15. As a direct and proximate result of the defective condition of the pancake and sausage breakfast, Plaintiff was forced to incur great expense, inconvenience and pain in the repair of his teeth and dental work and suffered great pain and agony, and was rendered sick, sore, nervous and disabled, and was thereby disabled from eating and drinking comfortably without pain for a long period of time. - 4 - ,I 'i, U~C \'j ,'3 '3G r~ I~~ ~ 1 ~ f \ l~ r. 1)1 . i t i",\i"";ll\fl~ 1'\'IJI.l ',lln ('/' .n J. lJ\ jj\,'JI ",i" to " ,1 j. II , , " " ,; II " . !, \( 1 \1' i' " /'; ,( I, " lil il.' " ; 'I' I If'" " ,,' " 1'.'"'''~'' ...1.".....jo;,/,..." ..~WiIi-~ ~~....,,'" 'IH.t--."''''''"- '" , . i-" ... , I' I I' .. ~ f. , , ~ I' .. ,', " " , , " .. . ,-to " . \- .~._~ , I'