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Home My WebLink About95-00403 '1 'I I' " ',' I " ., ,I' .', ',1,; I , ! t g' " ~., " , I, , II " , , , , I,I 'I. " I' I , , "I I' , , " I, , " '1' ,. , , " , , " , , , I I " " , , , ',' 'I fl, , Ii , , ., , ,/ , , ., (-j , i " 11 ~ , , " , ,,', ~, " " 'I ;1'1' '",I il'l'l f"" , ' , " I , , ., I, 'I "I , " 'I "1 ,i, .~. ) /:/ ,I " '1'/ ,I , ' 'Ii " , ,. " " , I " 1.'1 " , I " I " , "i " I;<j ., , , I' ',II 1,\ ,', , ' " i" i ] \ I ,,' , ,I ., " " " .{ II' ~ " I' ,I I , , " " ,---~I~ " .,,, \, I \ ; ".~ 'I " I' 1,1' " I '. ,'I, " ,. , "'\:,l~'" 'j!lt _ r 'I 'it;' 1/ 'l~ 1 ',. .. PR.ueIPE FOR L.IST!:'~g C,-,SE FOR ARCl.'~IE:'lT 1~lu'l bt Iyp.wnn.n Jod lubmlll,d In dupllcQleI TO THE PROTHONOT,-'RY OF Ct:~IBERL.""'D eOL':'lTY PI.lIU :111111. willun mOUlr (~r :iI. nl:u: Ii - Pft. Tfllll ,~ium'nl .:: ~Ur\ I'" I I I I II, I I I, I 1'1 II Ittt:jl' ,1111 'I Ill: 1,11111\111\1, ,1'1111\1 Jt!. Ml1lm.nt ~Urt ----------------------_."----------------------~~----------------"~---- CAPTION OF CASE (.nllre ~Ip~on mUll b. Il~l.clln l\lll) LOAN C. LONG (l)ei.ndllll) ," ;f .. .-. <::I -, _. I 'i1 " !' 1:- "II bi , " , I' ~ ... (PlW\llm VI, KARNS PRIME and FANCY FOOD STORES VI, S", ,&0] ClVl1 h rm 19ea- I, Stll. maner III b. arlll.d (I, t,. plillllUirl mouon (or n.w tnlll, d.f.ndant'I dtmlmtr to ~om\llilllll. 'l~,): preliminery Objections of Defendant Karns Prime end Fency Food Store. :. ld.nllty ~olll\lll WRO will II"" ~:II': h) (or pllllllu'f: Robert Kerriem Abdullah, Esquire Addu..' 2539 N. 6th st., lleuilburg, PA 17110 (b) (or <i.f,ndGnu Tim J. Harrington, Jr., Ellquire Addr..11 3211 North f'ront st. HerriBburg, PA 17110 3, I will nOllfy ~ pllll" In wrtllnl 'vHlun tWO JaYI thaI tl\l$ -:II, h:ll bttn UII.d (or "Ium.nl, _ 4. Arlullllnt Court Dat,l MlIY 31, 1995 Call of ArlUllllnt Li.t Dati' v.7. I ,'"orn'~ (or Citedl 4/5/95 PRAECIPE FOR L.lSTI:"G C.",SE FOR .",RGL'~IE:'IT I ~Iuu bt cyp.wnn.n md lubmill.d In dupll':OI') TO THE PROTHONQT.\RY OF Ct:~IBERL.\.'D eoL':'ITY. PI.lIU ~lIllh. witlun m~llIr fQr ~iI. n.~t: - I - Pr,. Trt:ll ,~~um.nt C ~ul'. Ci All1lm.nt C~urt ---------------------------------------------~------------~~--_.------ CAPTION OF C.o\SE (.nllre ~.~t1on mUll b. Il~l.li In full) (P!Qltlulf) } i., f(j I, a - - , 'JJ " " , " , '1 ~ ~ 'I" ..,',,, ~ ., , LOAN C. LONG YI, KARNS' PRIME and FANCY FOOD STORES (Ceifndllll) YI. S\), 40.3 Cl\'U to.lrl" 19~ l. Sl." mailer to b. ulU.d Ii, t.. ~llllnUirl motion for n.w lolli, d.t.ndllll'I demllrTtr to ~omllllllnt. .t~,): PT>!limin8X'Y Obj"ctions 0" D"f.:ndant KtiX'ns prim.: and Fancy ('(lod Stor'ls :. Id.nlllY ~ollllltl who 'Nill ulU' ~QI': (a) (or ~lalllIU'f: Hob.:rt Ktirr.l.:m Abdullah, Esquir'l Address I 2539 N. 6th st., HBX'risbuX'g, PA 17110 Ib) (ord.(.ndant: Tim J. Harrington, Jr., Esquin: Address I 3211 Nor~h F'ron~ S~. Harrisburg, PA 17110 3, I will ~oru'y U1 PUIlIS tn '~nliJIW 'y\~:Un tWO Jay' that ~hll ~al' ha5 :,un 'ual.d (or Illum.nt. _ 4, Arlum.nt Court Oat.l Call of Arlument List ,~:l. 31, 1995 ~ ~'. . I,~tlornl:' for ~~ Oal'd: 4/5/95 . . LAW OFFICES OF HARRINGTON, KAI1Ffo'MAN Ie SHILLING A'M'ORNilYI Tim J. Harrlnpon, Jr. SUPREME COURT I.D. NO.1 71241 1111 NORTH FRONT STREET HARRISBURG, PA 17110 (717) 181-7108 A'M'QRNF.Y FORI Defendant larn. Prime and FaDcy Food Store. LOAN C, LONG, Plaintlft' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlN ANIA VI, KARNS l'RIME and FANCY FOOD STORES. Defendant DOCKET NO, 9&-403 Civil Term CEBTIFlrtAT.LOF SERVICE AND NOW, this J1 'ay of Op1r.i I ,1991S, I, Tim J, Haml)ltOn, Jr" Elquire. attomey for Defendant, Karns Prime and Fancy Food Storel, aft\rm that I served Notice by depositing some in the United States Moll, postal8 prepaid, in Hamsburr, Pennsylvania. addressed to: I I I I , i I Robert Karriem Abdullah, Esquire 21\39 North 6th Street Harrisburg, PA 17110 /11, Tim J. Harrln i i I I " , " " I' , i " " ,J " , I , " , ....,"" , , toP , :l I~' 'I 'r . , t,.,. 1 , -'" " I.' ;., .. , ~ .. , , , ., 5. f'or many Yel1rll, pia Int Iff hila been llngaged in and carried on the trade and buslnoBB of jowelry lIalell and repalrB by meanll of which she hllll earned II livelihood. 6. Plaintiff formerly owned IInd operateel the "Houlle of Treallul'U", a jewelry and orlent"l carpet IItore located in Strawberry Squllre, Harrillburg, and later located at 21 North 4th Street, Harrisburg. 7. Currently, the plaintiff. own/l and operates "r,ol\nn'lI JeweLry Hut" a jewelry lIales Ilnd replllr ahop currently locllted at 2539 North 6th street, HArrlsburg. 8, The nllture of the plaintiff's bUlliness LII such that her reputation and her credIbility among her clJentele ill an oSllentlal element of her ablli t,y to purBue her bllllil'\ellfl and eArn a living. 9. The defendant, by and through their Store Manager, and other employees, agents, and or servantB, Intend Ing to deprive the plaint,iff OF her good name, credit, and reputation and to bring hor Into disrepute ~mong her neLghbors, ilnd her businesfI clientele, and also intending to subject plaintiff to prosecution And punlllhment for tho crime of theft by cleceptlon, elld, on Jllnuary 20, 1995, in the Karn' s Grocory Store in the West Shore Plllza, In the presence and hearing of the plaintiff and many other persons, accuse tho plaintiff of replacing a label on a bag of shrimp th,1t the plalntlff was purchalllng with a label from some other food Item, thereby meaning and Intending to charge the plaintiff with the crime of theft by doceptton. - 2 - 10. Oetendant's butcher Qlther mIstakenly placed the wrong lllbel on the plalnti.ff's pUrQhaSfl ~nd attempted to plllce the blame of his error upon the plalntlff/ or the defendant's butcher purposely, IInd wIth malIcIous Intent, plllced the wrong Illbel on the plaintiff' 8 purchase wIth the aim of subjectln9 he/," to thl. humilillting experience. lL. Oetondant's Store Manager agqr.avated thIs inSUlting and embarrallSing experIence ot the plaIntiff by calling the r,emoyne Police Department and hllvi.ng the plal.nUff placed under arrest for the crime of theft by deception. 12. The pLaintiff has never boen guilty of the crime charged by the defendant, and the words of the defendant were and are untrue, and were known by the defendant to be untrue when uttered and published. 13. Because of the nature of the defendant' B operatJ.ons / the defendant has a Position and standing In the community that would give credit to the utterances and charges made by theIr Store Mansger and or other employees, Acting wIthin the SCope of their employment. 14. By reason of the above, the plaintiff has been greatly hurt and injured In her good name, fame, reputatIon, and has been brought into disgrace and disrepute among her neighbors IInd her clientele, who, sInce the speakl.ng and publlcl.ltion of the false, soandalous, anl"l defamatory words, IInd the plnclng of tho plaLntlff under arrest, have cone to distrust plllintiff. and mllY refuse to IIssociate wIth her or patronIze her business liS a result. '1 - 3 - 15. Further, the pllllntlff has been subjected and mlldG llable to prosecutlon and pun1.shment for the crlme of theft by deception. 16. As a dlrect and proxlmate result of the conduct of def.endant Karn's Grocery Store, plall)tl.ff suffered severe emotlonal dJstress, paln, angllish, humlliation, and embarrassment and vllrlouB physlcal lnjurles result1.ng from the emotlonal distress including, but not limited to, headaChes, sleeplessness, IInd nervousness. 17. Solely as /I result of the aforesaid lnjuries, plaintiff has been and ln the future may be prevented from attending to her usual and customary occupation and dutlee, to har f.inancial detriment and loss. WHER~FORE, plaintiff demands judgment IIgainst defendants for an amount in excess of $100,000. Respectfully submitted, e A Attorney At !,IlW L[). No. 55334 2539 North 6th Street Harrisburg, PennsylVAnia (717) 234 - 0677 17110 , , " - " - - r,oan C. Long, I .TN THF. COURT OF COMMON PT,F.AS plaintiff. , I CUMflF.RT,AND COIJNTV, I Pp,NNSVr,VANIA I VII. I civil Action r,aw I Karns Prime and Fancy Food I No. Stores, I Defendant. I Vl'lRIf'ICATION I, r,oan c. r,onq, plaintiff in the above caption matter, do verlfy that the f.acts set forth in this complaint are true and correct to the best of my personal knowledge and I understand that any false statements therein are made subject to the penalties of Section 4904 of the Pennsylvania crimes Code lL8 Pa. C.S. Section 4904), relating to unsworn falsl.f.ication to authorl ties. Dater J/:t.5'J~1C:; , ,/ ~ JI9h '- - L~~t,l c... ,HI. .. '(,' /' I. ,'i ,Loan c. Long, Plaintiff. , ' , II II " , , II I,oan C. I,ong, I IN TilE CQUR'l' OF COMMON pr,EAS Plaintiff, I CUMflf:Rr,AND COUNTY, I PENNSvr.VANIA I vs. I Civil Action r.aw I Karn~ Prime and f'ancy Food I No. Stores, I Defendant. I CBRTIFIC~T~ OF BRR~ I, Robert KarrLem Abdullah, Esquire, do hereby certify that on the 1).. 5 f'- day of '- 7;1 JI U jr '-I , 1995, I served / a true and correct copy of the enclosed Complaint by hand dellVllt'y to the office noted below, pursuant to Pennsylvania Rules of civil Procedure, Rule 402(a)1 Karns Quality Foods, r,td. Attnl Tom Maleaic, Store Manager 1200 Market Street, West Shore Plaza r,emoyne, Pennsylvania 17102 Karns Prime and Fancy Food Storcs 675 Silver Springs Road Mechanicsburg, pennSYIvan~ia. ...1 ~ dgz -.. o ert Karr em A ullah IIttorney At r,,~w T . D. No. 5'j 3 H 2539 North 6th Street Harrisburg, Pennsylvania 17110 (717) 234 - 0677 I , . \ J ) / .' ( I.oan C. I.ong, Plaintiff , IN THE: COURT Of' COMMON CUMBE:RI,AND COUNTY, Pf:NNIlYI.vANIA PI,~:AS I r I r I I I I I No. 95 - 403 vs. Civil Action I.aw Karns Prime and Fancy rood Stores, Defend/lnt. PLAINTIfF'S AMSWRR TO PRELIMINARY OBJHC~ION~ OF PilhtfDM'l' K~NS PIUMR Altb rAMCY rOOD TOR S AND NOW comes the Plaintiff, I.oan C. I,ong, by and through her attorney, Robert Karriem Abdullah, F:squir'il, and flles thelle Answers to the preliminary Objections filed by the Defendant, and asserts as follows: 1. Admitted in part and denied in partl admitted with rellpect to the tiling of the Amended complaint on February 21, 1995 sounding in defamation, denied inasmuch as the Amended complaint does not set forth a count for malicious prosecution or false imprisonment. ,I I i I I , I i I I 2. Deniedl Plaintiff's Amended Complaint not only sets forth specific words, but also descrl.bes apecific conduct all Buppor.ting the Plalntiff's claim. (Se'l Amended Complaint averments 9 - 16). 3. lleniedl Averment 11 of the Amended Complaint specifically sets forth an al1ogatlon that the manager and/or the butcher made statements auggestlng that the Plaintiff had engaged in some form of theft. 4. Denied, "An llCCuailtlon of l.,rceny milY take a wide varlety of forma, and may conalllt of " comblnaUon of words, ncts, and conduct. The offenao need not be charged eo nomlne, but It la suEncient If an or.dln,uy person would draw from the /lcts - I - ,. . or conduct a roaaonablo conclusion that tho complaining party waa charged with larcony or theft," (Soo 50 Am. ,Jur. 2d, I.lbel and Slander, aectian 49). 5. Denied, 42 Pa, c,S. aection 6343(a) atatoal "In an action for defamation, the plaintiff haa the burden of proving 1. the defamatory character of the communication, 2. it publication, 3. its application to the plaintiff, 4. the understanding by tho recipient of itB defamatory moaning, 5. the underatanding by the recipient of it aa intended to be applied to the plaintiffr 6. special harm reBulting to the plaintiff, and 7 I abuse of a cond I tionall y prl villlged occaa ion. 6. Denied, the law does not require that a specific reaipient of the defamatory communication be identified. In several cases, defamatory communicationB were found to have occurred in generally pUbliBhed BtatementB ~uch as magazine advertisements, zerpol Corp. v. DMP Corp., 561 r. Supp. 404 (1963) (recipient of defamatory communications were readers of an advertisement in a magazine), defamatory statement round in connection with televiBion advertiBementB in Which no BpeciHe recipient identified (See, U,S. Healthcare, Inc. v. Blue CrOSB of tlreater P~l...\adelphia, 698 r.2d 914 (3rd eir. 1990), rehearing denied, Certiorari denied III H.et. 58, 112 I..Ed. 2d. 331 Weinstein v. Bulllck, 827 F. supp. 1193 (E,D, Pa, 1993)), publication of defamatory statement found to have even occurred in the clrculation within an insuranco company of a doctor's report Which claimod that man seeking first party benefits from insurance company for automobile accl'~f'nt had suffered no real - 2 - injurLuI no spocU Lc rl'lcLplent within the insurance company needed to be ldentifiod (flell, 1':Lla v. Eric Insurllnce F.xchange, 634 A.2d 657 (I'll. Super. 1991)). 7. Denied, Defendant apparontLy mistakenly renumbered this paragraph "6". 8. Denied. Defendant Ilppnrcntly mistakenly renumbered this paragraph "7". 9. A 11 or the aHBort Lons in the Defendant's Preliminary Objectionll, Silt forth as pllra'Jraphs A, 9, 10, which should be oorrectJ,y numherllcl '), 10, li, '1I'1l \Ienerlllly denled. The plai/'ltiff hilS Bet. forth no claim for mallcious prosecution, nor has Plaintiff foundod her claim of d/ilfamation upon any privileged statement made to thll police, The plaintiff has set forth .peclrl<1 aLloglltlcms of defamation, has ldentified who made the IIllec,lItlons, hllH domonstratod that the statoments were published Buch that Bomo third parties heard and underatood that the abltoments I.mputud a crime to the plaintiff, Jlnn the imputatlon of a <1rlmo 16 slandor por so. W1111lntt'ORJil, Dofonnl.lnt's Preliminary Objectiona should be 'lvurrul'Jd linn t.t)o Defendant. orderod to file an Answer to the Amonded Complaint. 1/~f1{~ - ;j Mat' If.,,- ~~t Karr~lah At t.orney At Law I.D. No. 55334 2~39 North 6th Street Harrisburg, Pennsylvania 17110 (7l7) 2.14 - 0677 M 3 - I,oan C. I.ong, l'lainti ff, IN 'l'f1f: COUR'l' Of' COMMON CUMDP.Hr.AND COUNTV, Pf:NNSYr,V/\NI/\ l'J.F.AS , I I I I I r I I No. 95 - 403 VB. civil /\ction r.aw Karns ~rime and Fancy Food stores, Defendant. CERTIFICATE OF SERVICE I, Robert Kan'iem /\bdu llllh, Esquire, do hereby certify that on the 22nd day of March, 1995, I served a tr.ue Clnd correct copy of the enclosed Answers To Preliminary Objections on the Defendant by placing Ii copy thereof in the United States Mall, addros~ed as followsl Law of fices of ijarrinngton, Kauffman & Shilling AttorneYI Tim J. Harrington, Jr. 3211 North Front Street "ml,bo", .. 17110 _ d d ~~~ Attorney At l.aw 1. D. No. 55334 2539 North 6th Street Harrisburg, Pennsylvania 17110 (717) 234 - 0677 II I' ,I II , " II " Ii, , , ,I i Ii! " I I " " " I' , "I , " , , '" t aii'. ...... ~ ., '~nl 1, , "\,, i' ;r,ll'" ,t R',; _, , 5 VI,..., i ~'.1 1,',1 ~ " ': t';) ;,r. '.~; I " k_,.)f.:.l". I I ~r ,'"J 'I. ~) ~ I -I~ .:": ,.,~,t" :0- I, :.l~ ~ " III I , " I") I " " ',' " " ,). I ""f, 'I'hu I.ll\\' (Hlit'IIt4ItI'! ~,!f' IIARRIN(,'l'ON, i~~ & .'ill/UING ',. , ;)}~"Ir~l\il\: ;1:.11 J N. ""'UIII Slr_lIll, Jlurrh.lmfll,)l1\ 1711lJ i'i~i'!~ ~~ ,e,I'I! 'il) '\H\. .. . . Ii l'f' ~':~XI\/)-:_:I~q'W_~:'t:'/"_1 '/'- ! d\" '~'l ""104' t, l'II;.'J'\Wfi :1 ~,:II:rh\,)~,~I~'\'.1, '.~i \,ijj;\-//i";,)'ri,i ;1": II :,' f ':r';:p.: l i 'r~~ ,','\':d I' 'll\ ;;\jt\~~ll' " ,I , ,I I , I' , " " , , , I , , ! ., ,,' Ii II , , " '" , ". I ,. , I J ..." ~ " , ,. I.AW OF'FICES 010' HARRING1'ON, I{AUFFMAN &. SHIl.LING ATTOItNEY: Tim J. Hlu'rhllton. .Jr, SUPREME COUIt'I' I,D, NO,t 71242 3211 NORTH FRON1' S'rIU~Fl'r HARRISBURG, PA 17110 (717) 231-7209 AT'I'OItNflY FOR: Dcfendant Karnl Prime and Fancy Food Storcl LOAN C, LONG, Plnin tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS, KARNS PRIME nnll FANCY FOOD STORES, Defflndant DOCI\ET NO, 9/H03 Civil Term , ...----------, flU:.LIM..lliARLOll!lf:.c~I1QNS..QF..JlEE.Em>.A1I1T KARNS PRIME AND FAN.Cl'LO..oD STORES AND NOW comes the Defendnnt, Knrns PI'illlC and Fancy Food Stores (hereinaftel' "Knl'n$"), by and thl'ough its attol'llcys, Law Offices of Harrhlgton, Kauffman & Shilling, and for its PI'elilllillal'y Objections to PlaintilTs Complaint, states as follows: I. PREUMINAItY on.me'I'IONS ADDltESSIm 'fO SERVICE UNDER PA, It,C.P. 1028(n)(I) 1. Plalntifi' filed hel' COlllplaint In thilllllattl!l' on 01' about January 2a, 1903 which Complnlnt is In II single count, pUl'ported to sound In defamation (slandel'), A copy of snld Comlllllint is nttnched hereto as Exhibit A, 2. AWll'llinl( to tlw Cm'tiflmltll of Slll'vlcll fihHI In this matter, a copy of which is Ilttllchell hereto and made a pllrt hCll'IJOf ns I~xhlblt B, the Conlplaint was sol'ved upon the Dl'flllHllml. by 1ll11l1111l of till! Plnhnill'll counsel, Robert K. Abdullnh, personally hnnding II copy of tho 811me to '!'homas Malesic and, Ill'esumnbly, to eome pel'sonlocated at tho Dllfondllnt's plllCll of bllsiness lit 676 Silvllr Sprinlfs Road, Mechanicsbll1'g, PA. :), Rule 400 of the Pennsylvania Rules of Civil Pl'ocodure providee that ol'iglnal p1'ocess shllll be set'vOlI within the Commonwealth only by the Shel'ifT, slIbject to alimitednllmlllH' of cxceptions IIPPoAl'ing in subplu'agraphs (b) and (c), none of which l'XcllPtionll IIpply ill this mnUm'. II. PlmLlMINAltV OIJ.JIW1'IONS ADDlU:SSIW '1'0 INSUFI"ICIENT SP(':CII~IC(1'V UNDER PA, It.C.P, 1028(0)(2) & (3) 4. Though Plnintiff claims to hnve dllfamed by cel'tain wOl'ds spoken by the Dcfendnllt's OIl1p)OYOllS, it doos not. sot. f01'th the o:mct w01'ds spoken by any euch employee, nOI' spocificnlly identify nny llInllloYllo othcr than 'I'homas Malesic, 6, Tho only 8pecific nllUll'IItio1l8 ill tho Complnint I'elntilli to Defendant'lI words appears nt PIIl'lIl!'l'nph 0, page 2 of the Complnint, wh01'ein it is atated that the Defendant, by 01' through its employees, accuse(d) the Plaintiffofreplacini 8 label on a bng of shrimp thnt tho Plnintill' wns plII'chasing with a label f1'om lome other food itom, nndpossihly nt Pnl'ngl'Oph 11, pngll:) of the Complaint, where it ill allel!'ed thnt Mr, Mah!sie enllu(l the policu dupnrtlllmllnnd, IIl'csumably, spoko to a pollce ollicel', 6, In Ill'dol' to Ill'ollel'ly Iltote n couse of action in slondor, tho exact worde uttol'od must be 1)lended, not l)(l1'Ophr88ed 01' SUnllllal'i7.ed, M.cJ1on.Mll..Q2m~ v, City 2 VS. , , , I r I I I I IN TlIF. COURT or COMMON PI,F."B CUMBF.RI,ANO COUNTY, PENNSY1.vANIA ',olin C. I,ong, Plaintiff , civil Action Law Karns prime and Fancy Food Rtores, No. q5 - '-+03 CWw.L T~ O.fend/lnt. NOTICE You have been sued In court. If you wish to defend IIgainst the claims 8et to~th In the followlnq pllges, you mUlIt take action within twenty (20) days aHer thi8 complllint and notice are llerved , by enterl.ng II written appearAnce personaBy or by attorney and ~I.llng in writing with the court your defenses or objections to the claims set 'orth against you. You are w/lrned that if you ~/lIJ to do so the calle may proceed without you and II judgment may be entered Ilg/ltnst you by thll court without further not ice for /lny money c llllmed I.n the compla I,nt or tor any other claim or relief requested by the plAlntiff. You may lose money or property or other rlghts Important to you. YOU SHour,o TAKF. THIS PAPER TO YOUR I,AWYER AT ONCF.. IF YOU PO NOT HAVE A I,"WYF.R OR CANNOT AFFORD ONF. / GO TO OR Tfll.EPHONE THt! OFFICE SF:T FOR'!'H BELOW TO FIND OUT WHERE YOU CAN GF:T LEG^', HELP. COURT ADMINISTRATOR'S OFFICE CARLISI,E 1 COURTHOUSE SQUARE cARt,Tsr,fJ PA, 1701.3-3387 (717) 210 - 6201. II;, , , , I . , Prof ^ I,olln C. ~ong, I IN 'rll~ COUR'r 0.. COMMON PI.r.~8 PhlntiH, I CUMlIF.R',IIND COUNTY, I PF.NNSV'.vIlNI~ I v.. I c:ivll AcHon I,aw I Kllrnl Prime and f'ancy "ood I No. St.orel, I Defendant.. I COMJ>LIUHT 1. Plaintl'f il I,olln C. ',ong, an Individual who cllruntly resides lit. 2539 Nort.h 6t.h Rtreet., Second "loor, Harrisburg, Pennlylvania 171LO. 2. Defendnnt, K~rns Prime and Fancy Food St.ores (Karns) ia II corporatlon whl.ch operAtes a chain of grocery st.orel, one of which Is locat.ed Ilt 1200 Market !It.reet, r,emoyne, in t.he West. Shore Phza, cumberland County, Pennsylvllnlll, Kllrnl'l hi" 1\ corporat.e off Ice locllt.ed lit 67'; s lL VI r Spl'l.nql ROlld, Mechllnlcsburg, Pennsylvllnlll. 3. The It.ore manllger of t.he Karns nrocery St.ore locat.ed In t.he West Shore Pln~n Is Tom Malealc. 4. The pJl1lnHff I,s currently a good, t.rue, honelt., IInd virt.uoul dtL!!en or t.he Clt.y or lIarrlsbllrc;J, /lnd hll~ lit /Ill tlmel IIbided bY and conclucted herseLf in I1ccorcll1nce wlth t.he 111\<11 of Penneylvanlft, and during her entlre Ufe hftl remalMd fue frOlll and un"ulpect.ed IJf any manner of Larceny and Ilny ot.her crime.. The pLaintiff WIIS known I1nd respect.ed I1S a person of good name, credit. and repllt.atlon, by reason of which she gained t.he love, good-will. and eateem of All her neighbors and diverse other good peopLe of thll IIt.Ate. - 1 ~ 5. for mllny y..,r., phintlff hllll Pltell enllalled In alld carried on the trlld~ IInd buein.e. of jewelry IlIlel and repairs by meane of which ah" hAe earned II livelihood. 6. Pllllnt\.ff fOl:'mltrly own"d IInd operated the "lIouse of Trealurea", a jltwelry and orlentlll carpet IItore locat"d in 8tr8wb.rry Bqullre, lIarrleburg, IInd llll;"r locllted at 21 North 4th Stre.t, Harrleburg. 7. Currently, the phl,ntlff. owns and operates "r,ol\nn'. Jewelry Hut" a j"welry salel IInd repair IIhop currently locftte~ st 2539 North 6th Strltet, Harrisburg. 8. The nllture of the plaintiff's bUlliness is such that her r.putation and h"r credlbility among her ell"nt"l" is an essential el"ment of her ability to pursue her business Bnd ellrn a living. 9. The defendant, by and through their Store Mllnager, IInd other employees, IIgents, IInd or servants, intending to deprive th. plaintiff of. her good nllme, credit, and rllputlltion IInd to bring her into disrepute IImong h"r neighbors, IInd her businell clientele, and 1I1so lntendlng to subject plaintiff to prosecution IInd pun iahm"nt for the cr Ime of theH by deception, ,Hd, on January 20, 1995, In the Kllrn' s Grocery Store in the Weet Shore PlAza, in the prltsence IInd hellring of the plAintiff and many other persona, accuae the plaintlff of replllcing a lllbel on a bag of shrimp that the plaintiff Will purchuing with a label from eome other food ltem, thereby meaning And lntendlng to chlll:'ge the plaintiff with the crime of theft by deception. - 2 - 10. D"f.nd~nt'. butcher either ml.takenly pl~oed the wrong lAbel on the plAlntlff'. purcha'lI Ilnd Ilttemptel' to pl/\ce the blsme of hi. error upon the plaintiff, or the defendant's butcher purpo.ely, /Inri with malicloulI intent, pincecl the wrong lllbel on the plaintiff'II purchase with the ALm of lIubjecting her to thh humiliating experl~nce. 11. Defendant's Store Manager IIqqrllvllted this Insulting and embllrrauing experience of the plaintiff. by call1ng the ,.emoyne Pollce Department nnd having the plaIntiff plitcerl uncler arrellt for the crime of theft by deceptLon. 12. The plnlntlff hllll never been guilty of the crime charged by the defendAnt, IInd the wordB of the defendnnt were and are untrue, and were known by the rlofellrl/lnt to be untrue when uttered and published. 13. Becausll of the nllture of the defendant's operatl,ons. the defendant hall Il pOllition /lnr! IItllndlng in the community that would give credLt to the utterAncell and charges mllde by the1r Store Manager and or other employees, nctl,ng within the scope of their employment. 14. By /:eaBon of the nbove, the plaintiff hll8 been qreatly hurt and injured in her good name, fame, reputation. and ha. been brouqht into dillqrace Rnd dierepute among her neighbor. IInd her clientele. who, IIlnce the IIpenklng and publioation of the fals.. scandalous. and defAmAtory words, /Inri the placing of the plaintiff under IIrrellt, hllve come to rlilltruat pl/\intiff and mllV refuee to IIseoclnte with her Ot' patronize her bUlliness liS II reeult. - 3 - , I' 15. rurth.r, the plalntUf ha. b..n .ubj.cttd .nd m.d. U.abl. to pro..cutlon and punl.hm.nt for the crim. of theft by d.c.pUon, U. A. . dlr.ct and proximate r..ult of the conduct of def.ndant K.rn'" Grocery Store, plelntiff .uttar.d .ev.r. emotional di.tre.., paln, angul.h, huml1iatlon, and embarr...m.nt and variou. phy.ic.l lnjurie. re.ulting from the .motlonal d1.tr... including, but not 11mited to, h.adache., .le.pl...n..., .nd n.rvou.n.... 17, Sol.ly a. a re.ult of the afor..ald lnjurl.., plalntlff ha. b.en and ln the future may be prevented from .ttending to her u.ual and cu.tomary occupation and dutle., to her f\nanclal detrlm.nt and low.. WHIRlrORI, plalntiff demand. judgm.nt against defendant. for an amount in exce.. of $100,000. R.Sp.ctfully Submltted, r , Attorney At ',a" 1.0. No. 55334 25~' North 6th street Hlrri.burg, penn.ylvanil 17110 (717) 234 - 0677 .4. 'I I':'. , , "'OAn C. Lony' I IN THI COURT or COMMON PLIAI P dntiff, I CUHBlftL~ND COUNTY, I PlNNSYLVANIA I VI. r CiYU ~ot ion Law r Jeern. prime and ...noy rood I No. Itore., I Derendant. I VBRIrICATION 1, Loan C. Long, plaintiff in the above oaption matter, do verify that the faot. .et forth in thi. complaint are true and correct to the be.t of my penonal knowledge and 1 under.tand that any fal.e .tatement. therein ar. made .ubjeot to the p.naltie. of Seotion 4904 of the penn.ylvania Crime. Code (18 Pe. C.,. eeeUon 4904). relating to un.worn f.lIitieltiol) to authorit1e.. Date.-1AVllf " ~~(,~ ~&- L, ,:.' /1'1.. ( .~. #" Loan C. Long, Plaintiff " I " , I ,~ Loan C. Lony' 1 IN THI COURT or COMMON 'LI~8 . a1ntlff, I CUHIIR~~ND COUNTY, 1 'INNSYr..v~NI~ I v.. I Civil ~ct1on Law I 1(.l'n. '1'111I' aneS rancy rood I Ho. store., I Dafendent. I CJ~lrIC~tJ Qr ',RVJC, I, Robert Karrllm ~bdullah, I.quire, do herlby clrtlfy that on the ~Sf"- day of -Ui ItIJ.Ir-.., , 1995, I .ervld / a true and corrlct copy of thl Inclo.ed Complaint by hand dlUvuV to thl oUice notld bilow, punuant to Plnn.ylvania Rule. of Clvll Procldure, Rull 402(a)1 Karn. oualltr rood., Ltd. Attnl Tom Ma e.le, Storl Manager 1200 Market Street, He.t Shari Pllzl Lemoynl, 'Innlylvania 17102 !Carn. Prlml and ranev rood Store. "5 Silver Spring. Road Mechanic.burg, Plnn'Vlvania. ~.h Attorney ~t Llw I.D. No. 55334 2539 North 6th Strllt Harri.burg, Plnn.vlvania 17110 (717) 234 - 0677 I i ., II I' . , ,I " " 'I , , 'il '')'~ cr ,: '1",':.:.'1,,, - r' I ~:. "I ': VI ~ ',1.~, l,~ , , 1,1')1",1,1 N ~~:.: 'I ~J '..1 "',' ~\:, ':;\ ~ '.,'")(".I.J ..', .Ctg a , " I'~ '.: ~~ 1 'I "' , ." ',~ ~ I, " ,." .~ I '1 ' ., " , " ", 1I. Though Plaintiff claima to have defamed by certain worda .poken by the Defendant'. employee., it does not aet forth the exact worda spoken by any .uch employee, nor specifically identify any IlnlJlloyoe other than Thoma. Maleaic. 3. The only specific allegations in the Amended Complaint relatinr to Defendant'. worda appear. at ParalP'aph 9 and 10 , (parea 2.3) of the Amended Complaint, wherein it is stated that the Defendant, by or through ita employee., accuae(d) the PlaintiffofrepJacing 0 label on a bog ofahrimp that the Plaintitl'waa purchasing with a label from some other food Item, and poasibly at ParalP'aph 11, pare 3 of the Complaint, where It ia alleged that Mr, Maleaic called the police department and, prclumably, spoke to a police officer, 4, In order to properly state a cause of action in slander, the exact worda uttered mUlt be pleaded, not parephrased or summarized. McDOnnell Com. v. CiU pfLar1caster, 24 D&C 3d 120 (1982); Valley Dodie Truck Center. Inc. v. Xntemational Harveater Co, 78 Lack,Jur, 141 (1976). 15. In addition, in order to properly atate a cause of action for alander, a plaintiffmuat allege, with specificity, to whom the allegedly defamatory statement wae publilhed, Central Trano.ll.Oliation. IU~, 10 D&C 3d 71515 (1979); fllllen v. Shoff.tall, 71 Montg, 127 (Pa.Com,Pl. 19M), 6, Herein, plaintiff alleges that certain unspecified Itatementa were made in the preaence of atore employeea and customers, but nowhere doea .he allep, with IIpecitlcity, the identity of any such person, nor whether they included any penon known to the plaintiff as a client, friendllr neighbor. 2 "~I ,. 6. Finally, plaintitT appear. to have Joined, within a .inlle count, claim. tor defamation with claim. Cor malicloue proeecution and/or Calle impri.onm.nt, which are leparate tort claim. and therefore mu.t be .eparately pleaded under Pa,R.C,P. Rule 1020, 7. There are allelatione in the amended complaint which indicate a pouible effort by plaintitT to plead an action Cor Calae imprieonment. yet .aid alle'Btion. do not .tllte B caU88 oC action under Penn.ylvnnia law a. currently pleaded, nor are such allelations properly pleaded within a .eparate count a. required under Pa,R,C,P. Rule 1020. II. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER 8. With respect to any alIeled Ilction Cor malicious prosecution, the plllintift'must plead and prove the resolution oC the underlyinl criminal matter in a manner Cavorable to plaintift'. which plaintift' cannot and ha. not done here, limply because the underlying criminal matter Is still pendin,. 9. Since the criminal matter is still pendin" an action tor maliclou. prosecution i. premature and should be dismissed. 10. Finally, etatementa made to the pollce are ab80lutely privilepd and may not torm the basis Cor an action sounding in detamatlon. ~ Dlachnuliu. 7 D&C 3d 749 (1978), J ". I,oan C. I,ong I Plaintiff, vs. I I r r I r I t r IN TifF. COURT OF COMMON CUMBP.RI,AND COUNTY I PF.NNSYI,vAN IA Pl,F-AS Civil Action ~aw Karns Prime and Fancy f'ood Stores, No. 95 - 403 Defend"nt, ANI> NOH comes tile Plaintiff, Loan C. l,ong, by and through her attorney, Robert Karriem Abdullah, Flsquire, and files these Answers to the Preliminary Objections filed by the Defendant, and asserts as followsr 1. Admitted in part and denied in part, admitted with respect to the filing of the Amended Complaint on February 21, 1995 sounding in defama t ion, denied inasmuch as the Amended Complaint does not set forth a oount for malicious prosecution or falae imprisonment. 2. Denied, Plaintiff's Amended Complaint not only sets forth specific words, but also describes spaciflc conduct all supporting the Plaintiff's claim, averments 9 - 16), (See Amended Complaint 3. Denied, Averment 11 of the Amended Complaint speoifically sets forth an allegation that the manager andlor the butcher made statements suggesting that the Plaintiff had engaged in some form of theft. 4. Denied, "An accusation of lArceny may take a wide variety of forms, and may cons ist of 1\ combinat ion of words, acts, and conduct. The offense need not be charged eo nomine, but it is sufficient if an ordinary person would draw from the acts - 1. - or conduct a reasonable conclusion that the complaining party was charged with larceny or theft." (See 50 Am. .Jur. 2d, Libel and Slander, section 49). 5. Denied, 42 Pa, C.S. Ijection 8343(a) states I "In an action for defamation, the plaintiff has the burden af. praving 1. the defama tory character af the communicaHonl 2. it publ.icatian, 3. its applicatian to the plaintiff, 4. the understanding by the recipient of its defamatory meaning, 5. the understanding by the recipient of it as intended to. be applied to the plaintiff, 6. special harm resulting to the plaintiffl and 7. abuse of a conditionally privileged accasian. 6. Denied, the law does nat require that a specific recipient of the defamatary cammunicatian be identified. In several cases, defamatory cammunicatians were found to. have occurred in generally published statements such as magazine advertisements, Zerpol Carp. v, DMP corp., 561 F. supp. 404 (1983) (recipient af defamatary cammunicatians were readers af an advertisement in a magazine), defa~atary statement faund in connectian with televisian advel.'tisements in which no. specific recipient identified (See, U.S. Healthcare, Inc. v. Blue CrOSB of Greater PhiladGlphia, 898 F.2d 914 (3rd Cir. 1990), rehearing denied, Certiorari denied 111 S.Cl:. 58,112 I.. Ed. 2d. 33, Weinstein V. Bu11ick, 827 F. supp. 11.93 (E.D. Pa. 1993))/ publicatian af defamatary statement faund to. have even accurred In the clrculatian within an insurance campllny of a docter's repart which claimed that man seekl.ng first party benefits fram insurance campany for automabi 1e accldent had suffered no. real - 2 - injuries, no specific recipient within the insurance company needlild to be identified (see, Ella v. E:rie InsuFance f:llchange, 634 A.2d 657 (pa. super.. 1991)). 7. Denied. Defendant apparently mistakonly renumbered this paragraph "6". 8. Denied. Defendant apparently mistakenly renumbered this paragraph "7". 9. All of the assertions in the Defendant's preliminary Objections, set forth as paragraphs 8, 9, 10, which should be correctly numbered 9, 10, 11, are generally denied. The plaintiff has set forth no claim for malicious prosecution, nor has Plaintiff founded her claim of defamation upon any privileged stat,ment made to the police. The plaintiff has set forth specific allegations of defamation, has identified who made the allegations, has demonstrated that the statements were published Iluch that some third partl.es heard and understood that the st.Atements imputed a crime to the pla inti ff, and the imputation of a crime is slander per se. MUBRBrORB, Defendant's Preliminary Objections should be overruled and the Defendant ordered to fUe an Answer to the Amended complaint. " ~~h Attorney At r.aw I.D. No. 55334 2539 North 6th street Harrisburg, pennsylvania (717) 234 - 0677 "'1' I,'r'-I - i'if; "J ',II" "Ii , il' . 1/~f4 (' 17110 , ! ~ j " - 3 - Loan C. [,ong, r IN THE COUR'l' Of' COMMON pr,EAR plaintl ff, I CUMBERLAND COUNTY, I PENNSY1,vAN I A I vs. . civil Actl,on Law I Karns Prime and Fancy Food I No. 95 - 403 Stores, I Defendant. I C.RTIfICATB or SERVICE I, Robert Karriem Abdullah, Esquire, do herQby certify that on the 22nd day of March, 1995, I served a truo and correot copy of the enclosed Answers To Preliminary Object ions on the Defendant by placing 1\ copy thereof in tho Unlt:ed states Mail, addressed as followsl Law offices of lIarrinngton, Kauffman & Shilling AttorneYI Tim J. Harrington, Jr. 3211 North Front Street B"'bb"", "l7ll0 _ 11 d . ~~~ Attorney At l,aw 1.0. No. 55334 2539 North 6th Street Harrisburg, pennsylvania 17110 (717) 234 - 0677 .' , ; , , LQan C. l,on\l, I TN 'rifF. COURT OF COMMON PI,F.AS Plll lnt.lf f , I CUMBF.R~AND COUNTY, I PF:NNSYI.VANIA I VS. I cl.vil Action r,aw I Karns prime and Fancy Food I No. <J5 - 403 Stores, I Defendant. I NOTICI'l You have been Hued in court. If you wLah to defend agaioat the claima Bet forth In the following pRgea, you must take action within twenty (7.0) dRYS llftllr this complRl.nt IInd notlcD are aerved , by entering il written appearllnce personally ot' by attorney and filing in wrlting with the court your defenses or. objections to the clRims set forth against you. You are wllrned that if you fail to do 00 the CRee milY proceed without you and It 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 requeoted by the plaintiff. You may lose money or property or other righte important to you. YOU SHOUr.O TAKE THIS PAPf:R TO YOUR r,AWYF.R AT ONCF.. TF YOU DO NOT HAVE A r,AWYF.R OR Ci\NNOT An'ORD ONF., 00 TO OR TF.r,F.PHONE THE Of'FICF. SET P.ORTH BEt.OW TO FIND OUT WHF.RF. YOU CAN GET LEGAr, HET,P. COURT ADMINISTRATOR'S OFFICE CARr.ISr.F. 1 COURTHOUSE SQUARF. CAR~ISr.E PA, 17013-3387 (717) 240 - 6201 ;11, i, ,"j i\ I I, , , , , , , ';1 I " . , , , , ' , , " , , i1 'I I ':\ , ' , ^YISO UST~O HA SIOO O~MANOAOO/A ~N CORT~. sl usted des.a defendarse de las demandss que so presentan mas adelante en las siquientes paginaa, debe tomar scclon dentro de los proxlmol veinte (20) dias despuee 00 1" notifl.cacl.on de esta Oemanda y Avho rad icando persona lmente 0 por med lo de un abogado una cOIl'.paracencia escrita y radlcanoo en la corte por esorita SUI def.ensal de, y objecclones a, las dem!\ndlls present/ld/ls aqu! en contra suya. Se le advlerte de que sl usted falla de tom/lr accion como se descrlbe anteriormente, el caso puede proceder sin usted y un fallo por oualquier suma de dlnero reclamado en la demanda 0 cualquier otr/l reclam/lclon 0 romedio sollcitado por el demandante pue"e Ber d lctado en contra suya por 1a Corte Bin m.u avillo adloinal. Usted puede perder dinero 0 propiedad u otros derechoB importantes para usted. USTJW PF.B~ I.l,~VAR P.ST~ OOCUM~N'l'O A Sll ABOGI\DO INMF.DIATAM~N'l'~. SI UST~D NO TI~NE UN A1JOGADO 0 NO PUEO~ PAGARLE A UNO, LI,AMF. 0 VAY-A A I.A SIGUIF:NTE OFJ.CINA PARA AVERIGUAR DONDE PUEDE F.NCONTRAR ASrSTF:NCIA LEGAL. COURT ADMINISTRATOR'S OFFICE CARLISLF. 1 COURTHOUSE SQUARE CARLISLE PA, 17013-3387 (717) 240 - 6201 II' I, " "I , I " " '1 " " , , ,'. , , ,,', I , , , I 1>1 , " )1 " " " 'I', , I , I, " I,oan C. r,on'l, I IN THF: COURT OF COMMON PU!:AB Pla intH f I I CUMl\P,RI,ANO COUN~'Y, I PflNNS Yl.VAN I 1\ I VB. I Civil Action r,aw I Karns Prime and Fancy Food I No. 95 - 403 Store III , I DefendAnt. I . AMBND!Q CO"pr,AIN'/.' 1. Plaintiff is I,oan C. I,ong, an individual who cur.rent1y reflides at 2539 North 6th street, Second Floor, Harrisburg, Pennsylvania 17110. 2. Defendant, KarnR Prime and Fancy Food Stores (KArns) is a corporation wh ich operAtes A cha I.n oF. grocery stores, one of which is loca ted at 1200 Market Street, Lemoyne, in the West Shore Plaza, Cumberland County, Pennsylvania, Karns has 1\ corpora te office located at 675 Silver Springs Road, Mechanicsburg, PennsylvanLa. 3. The store manager of the Karns Grocery Store located in tile West Shore Plaza Ls Tom Malesic. 4. The plaintiff is currently a good, true, hOl1est, and virtuous citizen of the City oF. Harrisburg, and has at all times abided by and conducted herselF. in IIccorl1ance with the lllws of Pennsylvania, and during her entire life has remained free from and unsuspected of IIny manner oF. larceny and any other crimes. '1'he plainti.ff was known IIrld respected liS a person of good name, credit, and reputation, by rellson of which she gained the love, good-will, and esteem of all her neighbors and diverse other good people of thiB state. - 1 - is, For many yellrs, plllintiff ha~ bel)n engaglld in and' corried on the trade and business of jewelry sales /lnd r.epairs by means of which shl) has earned a livelihood. 6. Plaintiff formerly owned and operated the "House of Treasures", a jewelry /lnd oriental carpet store located in Strawberry Square, Harrisburg, and later located lit 21 North 4th Street, Harrisburg, 7. Currently, the plaintiff owns Ilnd operates "r.oAnn's Jewelry Hut" a jewelry sales and repair shop currently located at 2539 North 6th street, Harrisburg. 8, The nature of the plaintiff's business is such that her reputation and her credibility among her clientele is an essential element of her ability to pursue her business /lnd earn a living. 9. The defendant, by and through their Store Manager, and other employees, agents, and or servants, intending to deprive the plaintiff of her good name, nre(Ht, /lnd reputation and to br ing her into disrepute /lmong her neighbors, and her bus iness clientele, and /llso intending to subject plaintiff to proseoution /lnd punishment for the crime of then by deception, did, on January 20, 1995, in the Karn's Grocery Store in the West Shore Plaza, in the presence and hearing of the plaintiff and many ~ther p~rsons, accuse the plaintiff of replacing II label on a bag of shrimp that the plaintiff was purchllsing with a label f.rom some other food item, thereby meaning /lnd intending to charge the plaintiff with the crimo of. theft by deception. - 2 - 10. After accuaing the plaintiff. of switching the labels, the defendant,' s store manllger and/or the defendant'llI butcher said, in fr.ont of all of thEl store patrons and other store employees, that the switching of the labela was theft and th.3t the pollce should be callEld ~nd plalntiff placed under arrest. 11. The store manager, a long wl th a 11 of the other employees and many noon time patrons observing, opened the plaintiff's pOCketbook anc1 sellrched for allegedly stolen items, but found nothlng. 1.2. In her Elmbllrrl\SSnlent, the platntlf.f offered to pay the difference between the prJ.ce of whAt she received and what she thought she was glven, but her offer was rejected and the store manager chose to cal.I. the police. 1.3. These statements and actlons by the store manager and the butcher were accompanled by an approximate fifteen minute search thr.ough the store in an effort to find the alleged switched merchandise, during whlch time the plaintiff was made to stand at the front of the store, being subjected to n restriction upon her freedom and the accusatory tones, /lct ione and accusations of the various store employees who were involved and, further, in front of all the store patrons In the store or coming lnto the store during that time. 14. The plllintiff's humtliation was heightened by the store manager taking the plaintiff to the hack ofOce /lnd f.orcing her t.O await the arrival of the pollce after whlch she was escorted from the store and m/lde to sit in a police car for approximately ten minutes in the open view of the public while the pollce - 3 - f,)fflcer obtain information from the storn personnEll to write II repol:"t. 15. Defendant's butcher. either. mistakenly placed tho wrong lanal on the platnti ff' s purchase and attempted to place the blame of hts el:"ror upon the plaintiff, or the defendant's butcher purposely, and with malicious intent, placed t.he wrong label on tt)e plainttEE's plJrchase with the aim of subjecting her to this humiliating experience, 16. Defendant's Store Manager aggravated this insulting and embarrassing experience of t.he plaintiff by call Ing the r,emoyne Police Department <Ind having the plaintiff placed under arrest for the crime of theft by deception, 17. The plaintiff has never been quilty of the crt,me chal:"ged by the defendant, IInd the words of the defendant were and /lre untrue, and were known by the defendant to be untrue when uttered and published. 18. Aecnuse of tho nature of the defendant's operatl.ons, the defendant has 1\ posl.tion and standing in the community thAt would give credtt to the utteranoes And charges mnde by thel.r Store MAnager and or other empLoyees, Acting within the Bcope of their employment, and so a 1 t 0 f the store pl\ trons and other people who witnessed the plaintiff being held in the store and subsequently placed into a police car would Mlsume that the plaintiff has committed 1\ crime. 19. fly reason of the above, the plaintl.ff has been greatly hurt and In1ured In her good name, fame, roputation, IInd hilS beon brought into dlsqrllco and dlElrepute Among her neighbors snd her - 4 - , . clientele, who, since tho apellkinq and puhlici\tion of the false, flcandaloufl, i\nrl defAmatory words, linn the placing of the plaintiff. under IIft'est, have come to dl.strust plaintiff and may refuse to aflsociato with her or patronize her business 1'If1 a result. 20. liable to Further, the plalntlff has prosecution and punishment been subjected and made for the crime of theft by decaptiorl. 21. I\s a direct ",nd proximate result of the conduct of defendant Karn'a Grocery Store, plaintiff suff.ered severe emotional distress, pain, anguish, humiliatlon, IInd embarrassment and various physical injuries reeultinq from the emotional distress including, but not limited to, headaches, sleeplessness, and nervousness. 22. Solely as a result of the aforesaid l.njuries, plaintiff has been And in the future may be prevented from attending to her usual and customary occupati',)n and dutiea, to her financial detriment and loss. WHP,REFORF., plalntiff demands judgment agl'linst defendants for I'In amount in excess of $100,000. Respectfully AUbml.tted, pf! 9 J- 17110 - 5 - , ' r,oan C. r.ong, I TN THR COURT OF COMMON pr,P-AR plaintl.tf. , I CUMAP.R~I\ND COUNTY, I pF.NNSyr,VI\NT 1\ I VB. I civil Action r.aw r Karns pr ime and Fancy Food I No. 95 - 403 Stores, r Defendant. I Vl'lRIFICATION I, Loan C. r,ong, plaintiff in the above caption matt"r.. do verify that the facts set forth in this Amended Complaint are true and correct to the best of my personal knowledge and I understand that any false statements therein are made subject to the penaltl.es of Section 4904 of the pennsylvania crimes Code (lB Pa, C.S. Section 4904), relating. to unsworn falsification to author.i~ies. /. [)a te I J. 0 I ( 6- --- tl) I 1\.,1 l,.,.;.~ I~ ' (..;;:> /t/ c.~ boan c. ~on9, Plaintiff , " , ,I 1 . ' I, I I, " '. , , " ! ,I "1' I " , , '. , ;i , 'I , , , " , " I' kA , >- '1" Je .,,~ ''OIl .. ~t:'1" (, ~ z. ," ',. ,-;6d~ ~: 01. ":t' r;l~r~.-' , ,'j~;;'! ,..1," Ill) , - "i' + /h~ , '" ...hJ"JWi I, 'J (, \ I.~' @~ t-':a:'l.. ...ij -Li. It:l " , , I ., II , i " , , " " , " , " , 'J'i I II , , ., \' ','1 , , I" " ,I , , ~ " ,i " " , " 'I . , " " I . , . , . , . , II, I 'i " " , , ,I I' " ., , ' , " , , ,. '.. , , (, , , ,j' . lR i;;r.: ., , E ..', . ," hIe, IUZ' ~ It ,')U .. l,,:r.,',._) ")1- . , !:::I , ~II~~ "., .r. ':l";:',lj...r LO ';:a:l.': ~ -, ~'" .,'. II, I, " I' I , III " , " , , , I'j, '" " II" I , I I "II I , " 'I " " " , , , , '1 , " . " I 'I ., " " ,. 1\1 \ , , , , " , , " , I I ., , .' , " I, " \ , il ~ " , , , , " . - " , , ~ .. . .. '" , 'I " , , 0 , " .... , ',"') , ,n ,I 'I "1 ti~ .... , " , " , , " , '11 Ii , " , " , " \ , , 1'1 " " " , " I " , ,i , , 1'1 I, , " f. , L.OAN C. L.ONG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t : 915.4()3 CIVIL TERM V. KARNS P~IME AND FANCY FOOD STORES, DefendMt ~ AND NOW, ~ 7 ,1995, after careful conllderatlon of the partlel' briefs and oral arguments, the preliminary objection for a more speclnc pleading II IIl'IInted and Plaintiff Is given twenty days to amend the Complaint. The prelimInary objection In the nature of a demurrer Is denied. By the Court, J. .Robert Karrlem Abdullah~ Esquire 21539 North 6th Street Harrllburg, PA 17110 For the Plaintiff ". 'LU/<.t 1;1.'" ,., ~-. - ,.~'lo ~.,I.,t' , Tim J. Harrington, Jr" Elqulre 3:211 North Front Street Harrllburg, PA 17110 For the Defendant fII1"\ . , " I' ., , 'I; " Ii " , " I' .', , , , I 1'1 " ,I i " " " ,I " :'1 " I !, ! 'I , \. , :/ l , " , , I eI, I " , , " , " '!'l , "I , " i1: o..C) ~ f. ..::r \1 to ./> ~1 " I' :l ":1;, '.1 f I,; ~'l ~,-.. '.. ~& ': l' . II r\~ 'l.,. (;i;.j (., I" I. 1'- 1""- '''In "'l' f~~ I ., r!..; Ill: u"",' f... I'-,(;j .~ \.' ~tjl~- C q tJ It) .., <J> ~.. ,01 " , "i 1,1 , " I" ., i., I " II q!; ,. I \, ... ' t5-40~ CIVIL TlaM multiple CIUI.. 0' acllon In a lingle count, Oe'endantlllo filed I prellmlnlry objection In the nature of a demurrer to the portion 0' Plalntlffa amended complaint which Is bllld upon communication of alanderoua material to the police department. We address th..e preliminary obJectlona, De'endant 8sllrtl that Plaintiffs complaint lacks specificity becauII It do.. not lit 'orth the exact worda spoken by any employee 0' the de'endant, nor dOli It specifically Identify any employee other than the store manager, Thomas MaI..lc. The complaint Is devoid 0' any specific In'ormatlon relating to the Identity 0' persons to whom the allegedly slanderous statements were published or communicated, We sustain this obJection, and give Plaintiff twenty days to amend the complaint to state a cause 0' action In concise and summary 'onn In accordance with Pa, R, Olv, P. 8 1019 (a). A complaint 'or defamation mUlt, on Its 'ace, Identify Ipeclflcally what allegedly de'amatory Itatements were made and to whom they were made, ~ ~79 Pa, Super. 1 &0, 549 A.2d 950, appeal denied, 558 A,2d 5~2, 1521 Pa. 630 (1988). In an action 'or slander the complaint Is not sufficient If It do.. not contain the substance of the apoken worda, 11rJ.Jt.J.I.W1l 281 Pa. Super. 1521, 422 A.2d 591 (1980). While the actionable worda need not be stated With exactitude. they must be atated with particularity. 1d. Plalntlff'a complaint Is defective for 'allure to specify the words used In aubstance and for 2 . ... , 95~.03 CIVIL TRaM fallure to Identify any per.ons to whom the alleged statemente were made. The remedy for poor pleading I. to amend the complaint. 279 Pa, Super. 313, 421 A.2d 215 (1980). We understood Plalntlffs coun..1 to state at oral argument that Plalntlff was not making a claim for anything more than defamation. However, the amended complaint contains allegations suggesting to the defendant that Plaintiff Is attempting to plead actions for false Imprisonment and malicious prosecution a8 well. If that Is true, Plaintiff may amend the complalnt to cure eefendant's preliminary objection to multiple caus.. of action being filed In a "ngle count. If a transaction or occurrence gives rise to more than one cause of action against the same person, they shall be Joined In separate counts In the action agaln.t any such person. Pa, R. Clv. P. 8 1020 (d)(1). Each claim mu.t be presented as a self.sufflclent count which mu.t Include a statement of the fact. relating to the partloular claim an a demand for relief which relat.. to It. Where Joinder of cau..s of action Is permissive, each separate count mu.t .tate any special damages relating to It and must Include a demand for relief, 3 Standard Pa, Practice 2d 817:2 at 661 (1994), If Plaintiff Is claiming more than defamation, we direct her to break out the separate causes of action In the complaint with a .peclnc heading on each 3 I. , .' . ~ 9~-403 CIVIL TaRN cault, Where a party violates the requirement that each cause of aotlon be pleaded In a separate count, leave to amend should be allowed In the abllnce of prejudice to the opposing party, Finally, Plaintiff's allegations Include the communication of slanderous materlalto the pollee department. It Is not clear from Plaintiff's complaint whether these statements were made solely to the police. Statements made solely to law enforcement officials In which accusation of a crime Is made, and which are made for the purpose of Inducing those officials to bring criminal charges against the accused, are deemed absolutely privileged. ~ .s.mo.rm 403 Pa, Super. 71, 688 A,2d 36 (1991), Thus, to the extent that Plaintiff's complaint for defamation Is based on statements of the police, the cause of action cannot stand, If Plaintiff cannot amend the complaint to name specific Individuals other than the police to whom the defamatory statementa were made, the defendant's preliminary objection In the nature of a demurrer may be sustained. Plaintiff has twenty days to amend the complaint to properly state 8 cause of action. I ". Loan C. Long, ~lalntltf , vs. I I I I I I r I I IN THE COUNT OF COMMON CUMBERI,AND COUNTY, PENNSYINANIA PI,EAS civil Action Law Karns Prime and Fancy Food Storlls, No. 95 - 403 Defendant. SBCONP ~BNDBD COMPL~INT 1. "'laintiff is [,oan C. I.ong, an lnd I vidua 1 who ourrent:ly resides at 2539 North 6th street, Second Floor, Harrisburg, Pennsylvania 17110. 2. Defendant, Karns prlme and Fancy Food Stores (Karns) is a corporation which operates a cha In of grocery stores, one of which l.s located at 1200 Market Street" r,emoyne, in the West Shore Plaza, Cumberland county, Pennsylvaniar Karns ha. corporate ofHces at 675 Silver Sprl.ngs Road, Mechanlcsburg, Pennsylvania. 3. The store manager of the Karns Grocery Store located in the West Shore Plaza is Tom Maleslc. 4. The plaintiff is currently a good, true, honest, and virtuous citizen of the City of Harrisburg, and has at all limes abided by and conducted hersftlf in accordance with the 13WS .of Pennsylvania, and durlnq her entire Ufe has remftined free from and unsuspected of any manner of lllrceny Ilnd any other crimes. The plftintlff was known ftnd respected as a person of good name, credit, and reputation, by reason of which she gained the love, good-will, and esteem of all her neighbors and diverse other good people of this state. 5. For many years, plaintiff has been engaged In and - 1 - carried on the trade and business of jewelry sales and repairs by mQans of which she has earned a livelihood. 6/ p},aintiff formerly owned IInd operatod the "House of Treasures", d jewelry and oriental carpet store located in strawberry squ~re, Harrisburg, and later located at 21 North 4th Street, Harrisburg. 7. Currently/ the plaintiff owns and operates "LoAnn's Jewelry Hut" a jewelry sales and repair shop currently located at 2539 Nor.th 6th Street, Harrisburg. a. The nature of the plaintiff's business is such that her reputation and her credibility among her clientele and potential customers is an esaentLal element of her abi Uty to pursue her business and earn a living. 9. On January 20, 199'3, plaintiff entered the defendant's store located in the West Shore Pla za / in r,emoyne, Cumber land County, and ordered two meat itemo from the meat counter which consisted of five pounds of shrimp and a few chicken breasts. 10. The plaintiff was given two meat items from the butcher consisting of five pounds of shrimp anr,! a fsw chicken breallt, however, after payJ,ng for her purchases and exiting the IItore, the store manager brought plaintiff bAck into the store. 11. The defendant, by and through their Store Manager, and other employees, agents, and or servants, intending to deprive the plaintiff of her good name, credit, and reputat:lon and to bring her into disrepute among her neighbors, and her bUllineu clientele, and also intending to subject plaintiff to prosecution and pun ishment for the crime of reta it theft, did, in the - 2 - presenoe and hellring of the plaint\.ff and many othet:' persons, aocuse the plaintiff of t:'flplacl.ng a label on the l;Jag of shrimp that she put:'chased with a label ft:'om a five pound bag of chicken legs that the plaintiff never ordered and nevet:' possessed. 12. Aftet:' accusing the plaintiff of switching the labels, and suggesting that the plaintiff had committed a theft, the defendant's stot:'e managet:' and/or the defendant's butcher, John B. Den:, !laid, in front of all of the store patrons and othel:' st.ol:'e employees, that the switChing of the labels ~'as theft and that the police should be called and plaintiff placed undel:' al:'reet. 13. The store man4ger, a long wi th all of the other employees, including John B. Oert:' , Elaine Beachler, Jay B. Waldt:'on, the employees who wet:'e working tho cash registet:'s, and many noon time patt:'ons obset:'ving, the names of whom the plaintiff does not have ava ilable, opened the pla intiff I s pocketbook and seat:'ched for allegedly stolon items, but found nothing. 14. In het:' embart:assment, the plaintiff offered to pay the difterence betwaen the price of what she received and what she thought she was given, but her offet:' was t:'ejected and the store manager chose to call the police. 15. These sta tements and act ions by the store manager and the butchet:' were accompanied by an appt:'oximate fifteen minute seat:'ch thl:'ough the st,ore, dut:'ing which time the plaintiff was made to stand at the front of the stot:'e in ft:'ont of all of the people who entet:'ed ot:' exit.ed the atore, as well as all of the stot:'e employees, being SUbjected to the accusatory tones, actions and insinuations of the vat:'ious stot:'e employees who wet:'e involved - 3 - in the searqh for allegedly stolen food items, the result of the search was that plaintiff was humiliatingly accused ot switching the label ot the shrimp she purchased with a label which allegedly was on a t ive pound bag of chicken leg qUo1rters that the store employees claimed wore found in tho dairy section. 16. The plaintiff's humiliation was heightened by th~ store manager taking the plaIntiff, in front of all. of the onlookers, to the back office IInd forcing her to await the arrival ot the police attor which she was escorted from the store, in the plain view of all of the store employees and store patrons, the names of all of whom the plaintiff does not have, and made to sit in a police car for approximately ten minutes in the open view of the public while the police officer obtain information from the store personnel to write a report. 17. The plaintiff has never been guilty of the crime charged by the defendant, and the words ot the defendant were and are untrue, and were known by the defendan~ to be untrue when uttered and published. 18. Because of the nature of the defendant's operations, the defendant has a position and standing in the community that woul.d gIve credence to the utterances ane! charges made by their Store Manager and or other employees, acting within the scope of their employment, and so a 11 of. the store patrons and other' people who witneued the plaintiff being held in the store and subsequently placed into a police car woul.d assume that the plaintiff had committed a crime. t 9. By reason of the above, the pia inti ff. has been greatly - 4 - hurt and injured in her good name, fame, reputation, and has been br:ought into disgrace and disrepute among her neighbors and her clientele, who, since the speaking and publication of the talse, scandalous, and defamatory words, and the placing of the plaintiff under arr:est, have come to distrust plaintiff and may refuse to aseociate with her or patronize her business as a result. 20. As a direct and proximate result of the conduct of defendant Kar:n's Grocery Store, pldntiff suffer.ed severe emotional distress, pain, anguish, humiliation, and embarrassment and various physical injuries resulting fr:om the emotional distress including, but not limited to, headaches, sleeplessness, and nervousness. 21. Solely as a r:esult of. the aforesaid injuries, plaintiff has been and in the future may be prevented from attending to her: usual and customar:y occupation and duties, to her financial detriment and loss. WHEREFORE, plaintiff demands judgment against defendants for an amount in excess of $100,000. Respectfully Submitted, ", 171.10 - 5 - l.oan C. Long, r IN TilE COURT OF COMMON PI.EAR Plaintiff, I CUMBERl.AND COUNTY, I PF.NNSVl.VANIA I vs. I Civil Action l.aw I Karns Pr ime and Fancy Food r No. 95 - 403 Stores, I Defendant. r VERIFICATION I, Loan C, l.ong. plaintiff In the above caption matter, do verify that the facts set forth in this Second Amended Complaint are true and correct to the best of my personal knowle~ge and I understand that:, any false statements therein are made subject to the penalties of Section 4904 of the Pennsylvania Crimes Code (18 Pa, C.S. section 4904), relating to unsworn falsification to author i Hes. Datel December 27, 1995 >l)~ I.. '~.lC- Loan C. Long, Plaintiff ,.11 , , , " , I,olln C. Long, r IN THE COURT OF COMMON PI,EAB Phintiff, I CUMBF.RI,AND COUNTY, I PENNSYlNANIA I vs. I Civil Action (,aw I Karns Prime and Fancy Food I No. 95 - 403 Stores, I Defendant. I f!!TIrICATR or SERVICR 1/ Robert Karriem Abdullah, Esquire, do hereby certify that on the 27th day of December / 1995/ I served a true and correct copy of the enclosed Second Amended Complaint upon the per80n(8) llnd in the manner indicated belowl By First Class Mail directed tOI i Tim J. Harrington, Jr., Esquire Law Offices of Harrington, Kauffman. Shilling 100 Pine Street Harrisburg, PA 17101 1 " 17110 , " , , , " I I fr; N ';.. {t, (IJ I..; " " ,::) , : ,.' ~1" ' . I ~ 'il , .J 1- r'- ... 'I;"~ I " fir' m '"~I 1.'.1 ,I, r,:!,'" t' ' . ',1\, \ " I' !,' 1.:111_ Lt. \"'l :.i () ~'I U I' I, , , I , ,I l'i'l : ' I, " , , , ' 1<, ,. I.~ : ~ ,. " I I . , 1" , , 'I, ) , \,' "i',' I' , " ), ~,I,\ I I. I' I , " " 5. M<< rlUOlllble inv.ltlptlon, Defendant hu lnIuftIoIent knowledp 01 inA'mnIdoft IIpOII which to tonn , bell.f u to the truth 0' the alleptlona or thI. pII'IIfIph olthe c:ompWnt IIId 1henIor. neither Idmlt. 110I denIea the 11IM but demand. Itrkt ptoOt thereof. 6. After rNlOlllbl.lnv.ltiptlon, Defendant hu inluftldent knowledp 01 inftlrmatIon IIpOII which to form , bell.f u to the truth 0' the IIItp110na 0' thI. pII'IIfIph olthe c:ompWnt IIId therefore neither Idmlt. 110I denIea the 11IM but demand. Itrlc:t ptoOt thnoI. 7. . After reuonable Inv.ltiptlon, Defendlnt baa illlUmdent Imowlldp 01 Inf'ormttioIlllpOll which to form , bell.f u to the tNth of the IIleptlona of thl. panpaph or the c:ompWnt IIId thenfOll neither admit. nor denI.. the 11IM but demand. Itrict proof'thnoI. I, Aft. rNIOIIIbI.lnv.ltlptlon, Defendant hu inlUmclent knowledp 01 Inf'ormatIon IIpOII which to form , belief u to the tNth of the a1leptlona of thI. pII'IIfIph or the complaint and t.hertfore neither Idmlt. 110I denI.. the 11IM but demand. Itrict propf thnoI. 9. Dthndant admit. that pIaIntlft'enterld It.1tOII on 11l1l111')' 20, 1995 and that Ihe ordered approximately flv. (5) pound. of hlb IhrImp and a110 chlckan I.. querterl, the II&ter IIIIOWItInt to ....10. Detendant denle. the remainlna aIleptlona ofpanaraph 9. 10, Defendant admit. that p1a1ntlft'obtaIned flve (5) pound. o'hIh Ihrimp and the aftnIaid Ita quarten Itom the penonneI at the meat counter, Defendant admit. that pIaIntlft' wtnt throuah the checkout line IIld paid the amount lilted, It that time, on the price .... OIl the pod.1he brouaht to the checkout counter, went out the &ont doon and Into the parldlllloc. Detendant denIea that Mr, Malt11c broual\t the p1e1ntift'bIck Into the Itore and ,vera to the CClIlthry that Mr. MaIeaIc uked p1e1ntlft'lo return to 1M Itore IIld Ihe voluntarily did 10. II. The a1lept1ona let forth In IhI. parqraph of the complaint.... conduIIona otlaw to wIlIcII no rtIpOI\IIl. rtqulrecl under the Penn.y1vlnI, Rul.. 0' CIvil ProcediIn. To the ...... that Illy oIlUCh aIIept1on1 are taken to be flctualln ~, they .... denied, It I. apecIf\cIIly denied thM any........ made by Defendant'. employ... were hurd by third pIItieI andIOI IIlIdentoocI to be IppIIed to the plelntitr. To the contrary, detend&nt IV'" that pIaIntUr, upon blft>rma&Ioft and beIlet, trwr.red the libel on the aft>reIeId pac"'" of chicken let qllll1... to the ftve pound bel oft.. Ihrimp, Further, no empIoyte o,Detendant did, at the time and place lII..ed "ICCUII" the pIaIntift' of ehanalllI the libel., thouah Det'endant'. empIOYlel did, It I ..... time that day, Inform the InvOItlptllll police officer of their beII.fthat p1a1ntift'had done 10. 12, Defendant denI.. the a1leptlonl of parearaph 12, U ltIted, but aver. that the police wtn called on the belief that p1e1ntlft'had trllllferred the libel. II aforeaeld, 13. Defendant denI.. the aIleptiQnI contained In thl. par....aph, 14, Defendant hu InIlImclent knowledp or Information upon which to lbnn. belief II to PIaIn&Itr. motivation to oft'er to pay the COITICt price for the Ihrimp aft.. It had been detIrmInId that the libel thereon WII not proper, and l\arther, deniM that p1a1ntift' mad.1Uch offer It the time a11epd, 15. Defendant IdmIt. that llI&rch WIIlIIIde and that an unIabeIled 1*1.. or chick", WIt fbund III the dairy IICtlon, the proper charp for which wu found to be IclelltIcaI to the IIllOUJII on the label affilllCl to the pack.,. oflhrimp, and that It wu the bellefofDetendant'. empIoyIeI that the label on the chicken hid been .wltched to the Ihrimp pac"''' and that I criminal dIarp wu liter lodpd lllinlt the p1a1ntift': The remainder of the a1leptiona in thI. . pII1IIl1pb .... denied, 16, Detendant admit. that plalntlft'wlI ellCOfted tom the atore to. police vehicle and that IntomIation wu obtained tom certain of II. emplo)'MI by the mpondin. police oftlc:en, Defendant baa Il\IlIftlclent knowledae or Information, after 1'IIIOIIIb1. inveatlptlon, with which to form I beIW II to the rtmalnlna lIIeptlona 0' till. panpaph and theretbre neither admit. /101 .... the ..... but cIemIndt Itrict proof thertot. 17. 1M lllepllona lit I'orth In thl. parIIl'aph of the complaint are concIueIoIII of law to wIlIdt no ....,....1. required under the pllll)lylvanla Itulte 0' Civil Procedure, To the IlltInt that any of IUCh .......Iona are taken to be fIactuaIln 1lItW'I, they .... denied, Further, DeIendant lvera thI& plalntlft'wu round auIIty of retail theft II I reault o,the incident r.onipIaIned ofby DIJtrict IUItIce CherIea Clement and, upon appeal to Common PI... Court, by ludae Hoft'w, which....... Judament I.. upclIllnl'ormatlon IIld bell.f, now on appeal to the Superior Court. II. M<< l'MIOftIbIIlnvlltlptlon, Defendant hu inIlImclent knowledp or IIItormatIon upon which to Ibnn I bell.fu to the tNth of the a1leptlonl ofthl. parearaph of the complaint IIId therefore neither Idmlt. 110I denl.. the IIIllI but demand. Itrict proo' thnoI. 19. The aII_onalet forth in thla Plfearlph of the complaint.... concIuJIOnl oflaw to which Ill) reaponIIl. requlred under the PlMlylV1nl1 Rul.. of Civil Procedure. To the extent that any of IIUCh ....Iona are taken to be lictualln neture, they .... denied, 20, The allaptlonalet forth In IhI. Plfearaph of the complaint.... concIuaIonl of law to which Ill) rtIpOI\IIl. rtqulred under the PlMlylvlnll Rul.. of Civil Procedure, To the extent that lilY of IUCh lIIeptionllrt taken to be t'actualln neture, they .... denied, 21 , The alleaatlona let forth In till. parqraph of the complaint.... conclulione of law to which IK) rtIpOIlIIl. requlredl'~::"" the penn.y1vlnl' Rul.. of CIvil Procedure, To the Illtlnt thI& any of IUCh 11I...._ are taken to be ractualln nature, they .... denied, WHltREFOlU!, Defendant denI.. that PlelntifJ'l. entitled to JudjpMnt epIn1t the Detendant In the amount apeclfted, or to any IUm of money whatlOlVll'. or to Interelt or COlt. IIIlI praye &hit Judpnent be enterId In o.tIndant'. taVOI and ........ the Pleintift' and tor her coett and ... _ tor IUCh other reIW II the Court deenIa 1IpJ)I'l)priIte, DlllENDAHT DEMANDS TRIAL BY IUIlY. NEW MATI'IR 22, Defendant repeat. and r.......I..ww... to panarapha one throuah twtllltyoOlll otPlllntUl'. compIalnt u thouah l\aIly let forth, 2J, Plalnalll'. complaint tWl. to NltO I cauM of action upon which relllt may be 1fIIIled. 2<4., The a1lepd defamatory ltItement. pleaded by the Plalntlft'ln her complaint ....In tact true IIld theretore no CIUM of action will Ii. lpinlt the Defendant, 25, The alIepd defamatory ltItement. p1e1dec1 by the P1a1ntlft'ln her complaint wert not lMde with actual malice, within the meanllII of <42 PI,C.S,A .13..... 26, The alIepd defimatory ItltllllOnt. pleaded by the Plalntlft'ln her complaint ~ not MII''''y 01 careleuly made, nor made wllIl\lIly, wantonly or with conacloua ell.........., w1tNn the meanlna 0"'2 PI.C.S,A '1344, 27, The I1lepd defamatory ltItement. pleaded by the Plalntlft'In her complaint .... proteCted by I qualifted andIOI conditional privllep under wIlIch the Dctendant I. Immune ton\ IUIt. 21. The,e wu jultlftcatlon tor the Nltement. a1le.-d1y made, within the ....... of <42 PI,C,S,A '13<42, 29, PIaIntIft'i. . limited purpote public ftaure In rept'd to the aII...tlona Mil'ortllln her Complaint. 30, Plelndft'wu Involved In I JlI'bIIo c:ontroveny In rtprd to the ""w lit fbnII In her CompIIInt. 31 , The a11epd del'unltory 1ItItemInt. ....in tact mat... of opinion which .... not 1dIonIbIe. 32. The 1tItImInt. all,," to be detlmatory .... not actIonIbIe under hMayIvania law. 33. The a11epd del'unltory ttlttnllllt. p1e1dec1 by the PIaIntift'ln her compIIIna .... protected by I privllep under which the Defendant i.lmmune tom ault, 34. All otthe aIlepdly dlaparlllna and/or defUnatory communlcatlOlll all"" In the complaint WIn INde mort than one year bet'ort the ftlllll of the complaint In thI. matter, and are thenlore bamd by the appIlcllM ....ut. ofllmltltlOlll, 42 Pa,C,S.A. '5523, IIttlna forth I IImitatIoft period olOlll year, AINlrMtI\.v v. WIUlama. 514 A.2d 1015, 136 PI,Cmwlth, 715, (pI,Cmwlth, 1990) eppeal dlIIIIed 602 A,2d 161, 529 P.. 652. 35, The Ictlona of defendant were not wllIM, wanton, mallcloulOl outr..,ou. conduct deeIaned to damIp the pIeIntift' and therefore no claim will II., 36, Plalntlft'f'aIIed to mitl.... her damIpa, 37, Defendant I'IItI'VII the riaht to challenp any award of dellY dIlllIpIln thI. cut, 31, Defendant dtmanda that appropriate hearInp be conducted In thl. cut prior to any award 0' cWay damIpa, 39, Rule 231 of the Penneylvlnla Rul.. of CIvil Procedure, on It. f'act, and II appIlecI I. violative of the Due Proc:tu IIld Equal Protection clau... of the Fourteenth Amendment to the COftltituUon olthe United St..... Section 1913 offill. 42 of the United Stat. Code and ArtIcIt I, SecltIona 1,6, IIIIld 26 and Article V, Section 10(0) o,the Pewy\VIIIIa COIIItItutlon and Impoeu a chIIIInt e<<ect on the IXIrcl.. by Defendant 0' It. COIIItItutlonal riaht.. 40. lWwldInt fIIIrV.. the riaht to ftIe IlICb additional clef..... aftlrmetlve detenMe, crouoIaIme, CClUIItarClUIlII andIOI third party cIeImI u may be appropriat. upon completion 0' their 1n~1."~ and d1acovuy In thl. matter. 41. There wu no publication of the all... defUnatory III\IIIIiI within the IIIIIIIina 0'42 Pa.C,S.A, '1342, I", neither communication to a third party nor, alternatively, en undentIndIIIt by that third party,lhny, of the nature or meanlna of any ltItement 01 It. appJlclllon to the pIaIntIlf. WHElEFORE, Detendant. deny that Pluntlft'l. entitled to judament ....nIt them In a IUIIIIn IXCoIII ot'lloo,OOO,OO, 01 to any IIUln ofmoney whatlOlVer. Defendant pray. that thIt lIIIttIr be dIemItMd, that judamInt be enterecIln It. l'avor and ....nIt the PlalntIIr, IncIudInt I'MIOIIIbIe COIl.1Ild attorney.' ,... and for IlICh ocher relief u the Court deeIlII appropriate. Delendant demand. trial by jury, RelpectfWly IlIbmItted, LAW OFFICES OF HAJUUNOTON, KAUFFMAN .t SHlUINO , . " , , " \ 'I " " 1'1, I \ ('I '-I' ,I , , " 1\, 'I , " " 10 " tl il , ~. ...., ~, ):, IN " ,I , ,I i.-' ,,) I, {~ . ~ ~ "'i ~~>! ,l. I : I '~ l. j ~~~ , I " , I , 'I I, I' 'I .J.. (0':,1 .\ ~ 1- , :'::i "r', , " " ' , ~} .l J hi"" C'''~ ;II ,I" (;:, ' I ." ; i',~l , ,\ , " :I,~ I ....: , d p, \.'" " (J ~....) " 1,1 q' " , \ , , I, " , , i'I-I" , ' I 1 " 1 I I,' 1 , " ! :1': '" I , " .., ... Loan C. Long, I IN 'l'flF. COUIl'1' OF COMMON PLEAB p1a ll,t i ft I I CUMllf:rU,ANO COUNTY, I Pf:NNAYI,VANTA I vs. I Civil Action I,aw I Karns prime and Fancy Food I No. 95 - 403 Store. , I Defendant. I R~PLY TO NEW MATTER IN DEFENDANT'S ANSWBR TO PLAINTIFF'S S8COND ~ENDIlD COMPr.AINT 1. Paragraphs 1 through 21 of plaintiff's Second Amended Complaint are incorporated herein by reference. 2. Par<lgt'ilph 22 of doF.endflnt' B Now Mattor does not require a response. 3. Paragraph 23 of defendant's New Matter is a conclusion of law to which no response is required under the pennsylvania Ru1elll of civil Procedure. 4. paragraph 24 of defendant's New Ma tter is denied. 5. paragraph 25 of defendant's New Matter is denied. 6. paragraph 26 of defendant's New Matter is denied. 7. paragraph 27 of defendant's New Matter is denied. 8. Paragraph 28 of defendant's New Ma tter is denied. 9. Paragraph 29 of defendant's New Ma tter is denied. 10. Paragraph 30 of defendant's New Matter is denied. 11. Paragraph 31 of defendant's New Matter is denied. 12. Paragraph 32 of defendant's New Matter is a conclusion of law to which no response is required under the Pennsylvania Rules of C i v it Procedure. 13. Paragraph 33 of defendant's New Matter is denied. 14. Paragraph 34 oF. defendant:' s New Ma tter is denied. 15. Paragraph 35 of defendant's New Matter is denied. - 1 - , 16. paragraph 36 of defendant'H New Matter is denied. 17. paragraph 37 of defendant's New Matter is an assertion to WhiCh no response is required under the Pennsylvania Rules of Civil Pro'~edute. To the extent that II reply is required, it is d.en ted. 16. paragraph 36 of defendant's New Matter is an assertion to which no response is required under the Pennsytvllnia Rules of Civil Procedure. To the extent that a reply is required, it is denied. 19. parllgraph 39 of defendant's New Matter iH a conclusion of law to whiCh no response is requir.ed under the Pennsylvania Rules of Civil Procedure. To the extent that a reply is required, it is denied. 20. Pllragraph 40 of defendant's New Matter is an assertion to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a reply i.s required, it is denied. 21. paragraph 41 of defendant's New Matter is denied. Wherefore, plaintiff demands judgment against the defendants for c. amount in excess of $tOll, 000. Respectfully submitted, ~,d1L-, C~(~:;~~^bdU~ tah Attorney At r.aw 1.0. No. 5533 I 2539 North ~th street "arri.~burg, Pennsylvania 17110 (717) 234 - 0677 - 2 - . r.oan C. loong, I IN TilE COURT OF COMMON pr,EAS Plaintiff , I CUMBERLAND COUNTY, I Pf:NNSYlNANIA I VB. I Ci vi t I\ction Law I Karn. Prime and FanQY Food I No. 95 - 403 Stores, I Defendant. I V!RIJ'ICATION Datel February 3, 1996 Lo l!)-q c... ~;V A.. Loan C. Long, Plaintiff I .,' I' '1'1 , " ",I i" , Loan C. I,ong, I IN TilE COURT Of' COMMON PLEI\S Pia int i tf, I CUMIIERI,AND COUNTY, I PENNSYI,yl\NII\ I VS. I civll I\ction Law I Karnllj Prime and Fancy Food I No. 95 - 403 Stores, I Defendant. I CBRTlrICATH or BHRVICB I, Robert Karrinm Abdullah, F.squlre, do hereby certify that To served II true Ilnd correct coPy of the nncloRed Reply to New Matter in Defendant's Answer to Pllllntiff's Second Amended Complaint upon the peraon(s) and In the manner indicated belowl By First ClasR Mail directed tOI Tli~ .,. Ilarrinqt.on, Jr., F.squire r,aw Of.flces of Harrington, Kauffman & Shilling 100 pil\IJ Rtreot Harrisburg, PA 17101 , , " 'I C~h Attorney I\t r,aw To .0. No. 55334 2~39 North 6th Street Harrisburg, Pennsylvania (717) 234 - 0677 17110 I 1 , ' I,OMI C. l,onll, I'l/llntlff, IN THE COURT OF COMMON CUMllERI,AND COUNTY, PflNNSYlNANIA PLEAS I)llfent1ant. . I '. I I I I I I VOI.UNTARY NONSUIT VII. Civll Actlon Law , Mdrns Prlme ~nd Fanoy rood Stor.., No. 95 - 403 AND NOW, thls 29th day of July, 1996, comes plaintiff, I,oan C. 1.(\1l'l' by alld through her attorney, Robllrt Karriem Abdullah and fll.. thi. voluntary nonsuit and withdraws her complaint in this matter. 'l'j Respectfully Submitted, J .~~~/~ Robert karriem Abdullah Attorney At Law 1.0. No. 55334 25i9 North 6th Street Harrisburg, Pennsylvania 17110 (717) 2i4 - 0677 'I I' ; I' , I. . 1 I , 1 I.; , I , f Loan C, Long, I IN TilE COURT OF COMMON PI,EAS l'laintiff, I CUMB~RLAND COUNTY, I PENNSnVANIA I vs. I Civil Action l,aw I Karns Prime and Fancy Food I No. 95 - 403 Stores, I Defendant. I C~RTlrIC^TB OF SBRVICE I, Robert Karriem Abdullah, Esquire, do hereby certify that on the 29th day of July 1996, I sorved a true and correct copy of the enclosed Voluntary Nonsuit upon the person( s) and in the manner indicated belowl By First Class Mail directed tOI Tim J. Ilarrington, Jr., Esquire Law Offices of Ilarrington, Kauffman & Shilling . 100 Pine Street Ilarrisburg, PA 17101 J> ~~ (Z .~,.._- . VL RO. ert :a r em A~U .-a '---,-. Attorney At Law 1.0. No. 55334 2539 North 6th Street Ilarrisburg, pennsylvania 17110 (717) 234 - 0677 , ' , 1 'I I, 'I, I :' , I I, I ' . .