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HomeMy WebLinkAbout95-00756 J I ,..g ~ v ~' IV ~ .y.< ' ;"N>' f'> :iK' :~t\:k,.. . .f "'p. id I ....9 If) r- .. ~ GEORGE F. DOUGLAS, III, ESQUIRE ATTORNEY I,D. #61886 DOUGLAS, DOUGLAS & DOUGLAS 27 W. High St. P.O. Box 26l Carlisle, Pa. l70l3 Telephone: 717-243-1790 Attorney for Plaintiff KENDRA L. REESE, A MINOR BY HER PARENT AND NATURAL GUARDIAN, ELL~N REESE . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION LAW No. C)5- '7$~ . . : : VS. RITE-AID OF PENNSYLVANIA, INC. JURY TRIAL DEMANDED NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within Twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing'in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose rlloney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House 1 Court House Square Carlisle, Pa. l70l3 717-240-6200 DOU~~~, DOUGLA~~& DOUv:^S By J:j~..~~r ( t-tmJCQ/Q1- 1'1 George F.' Douglas, Iff Attorney for Plaintiff COMPLAINT l. The plaintiff, KENDRA L. REESE, is a minor, aged 2, with a date of birth of February 23, 1992. and she resides with her parent and natural guardian, Ellen Reese, at 319 3rd St.,Apt. 2, West Fairview, Cumberland County, Penna. 2. The defendant, Rite-Aid of Pennsylvania, Inc., is a corporation having a place of business in the Summerdale Plaza, Enola, Pa. 3. On September 27,1994, the plaintiff, Ellen Reese came into the Rite-Aid drug store with her daughter, Kendra L. Reese. 4. On the day of September 27, 1994, Ellen Reese entered the Summerdale Plaza Rite-aid Drug Store to have a prescription filled. At this time, Ellen Reese was told it would take thirty minutes to fill her prescription. 5. Ellen Reese decided to shop in the defendant's store until her prescription was ready. 6. Ellen Reese went to get a shopping cart, and she examined the carts, but could not find one with either a child's safety seat or a strap to keep the child restrained. 7. Ellen Reese placed the minor plaintiff in an available shopping cart and began to shop. B. When Ellen Reese turned away from the said shopping cart to look at some merchandise, Kendra Reese fell out of the said shopping cart and landed on her head resulting in a fractured skull. 9. The minor plaintiff's fractured skull was caused by the negligence of the defendant in the following respects: , a. In failing to have a shopping cart available with a child's safety seat or safety straps which are available in most shopping centers. lO. Ellen Reese returned to the prescription counter with Kendra Reese still crying. Ellen immediately took Kendra to the Holy Spirit Hospital Emergency Room, where they took an x-ray and a CAT scan, which revealed the fractured skull. ll. underwent future. As a result of the fractured skull, the minor plaintiff pain and suffering and will continue to do so in the l2. As a result of the aforesaid fractured skull, the minor plaintiff sustained a partial disability. '. ~rnEREFORE, the plaintiff claims of the defendant an amount in excess of the sum requiring compulsory referral to arbitration under the local rules of court. DOU~S' DOUGLAS & DOUGLAS , .' (~., ~) -; By Q ~>\~ " t ,( ,~()).O itJVj Geo ge F. nouglas, lIT Attorney for Plaintiff I."" ~,i J 1:; '" f -rt Q.c:] i~ p () '1 <l ~~ "'? ~ f'J ~ iD t'6 ...- , . . ) Q'\/) ,.., :11 !..~:: it 6 ~ ~ , . -' .. ~ ... . . " - . CERTIFICATE OF SERVICE I, Stephen E. Geduldlg, of the law firm of Thomas, Thomas & Hafer, do hereby certifY that on this day I served a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy In the United states Mall, at Harrisburg, pennsylvania, addressed as follows: Ceorge P. Douglas, III, Esquire DOUCLAS, DOUCLAS & DOUCLAS 27 W. HIgh street P.O. Box 261 Carlisle, PA 17103 By: Stephen E. Geduldlg, Esquire I,D. No. 43530 305 North Front street P.O, BOX 999 Harrisburg, PA 1710B-0999 (717) 23707119 ' Attorneys for Defendant, Rlte'Ald of pennsylvania, Inc. Dated: February 22, 1995 . !....J '. . '. " . ~..... ".'" ....:.... ..' , ."lo-:".=-:-:--::'- "':::::;::::::--:-.':. '" .,' V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 95 - 756 CIVIL TERM KENDRA L. REESE, A Minor, by : Her Parent and Natural Guardian,: ELLEN REESE RITE-AID OF PENNSYLVANIA, INC. JURY TRIAL DEMANDED ORDER OF COURT FOR HEARING AND NOW, this day of April, 1997, a hearing on the within Petition for Leave to Compromise a Minor's Action is set for 1997, at .M., in Courtroom No. -' of the Cumberland County Courthouse, Carlisle, Pennsylvania, By the Court, J, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO, 95 - 756 CIVIL TERM KENDRA L. REESE, A Minor, by : Her Parent and Natural Guardian,: ELLEN REESE RITE-AID OF PENNSYLVANIA, INC. JURY TRIAL DEMANDED ORDER AND NOW, this 2-'/.':.1 dayof ~~I . 1997, upon consideration of the within Petition for L~ave to Compromise a Minor's Action, it is ordered and directed that the settlement of the above-captioned actiC'n in the amount of One Thousand Five Hundred ($1,500.00) is hereby approved. IT IS FURTHER ORDERED AND DIRECfED that the settlement proceeds shaH be distributed as foHows: The sum of $448.67 to be paid to the Department of Public Welfare in satisfaction of its lien; The sum of $118.20 to be paid to Douglas, Douglas & Douglas for reimbursement of advanced costs; The proceeds of the minor child in the amount of $933.13 are to be deposited in a federaHy-insured savings account or certificate of deposit, marked "Not to be witlrdrawn until age 18 or furtlrer Order of a COllrl," Kendra L. Reese was born on February 23, 1992, AH sums set forth above constitute damages on account of personal injuries, arising from the occurrence, within the meaning of 9 104(a)(2) of the Internal Revenue Code of 1986, as amended. IT IS FURTHER ORDERED that the institution in which said funds are deposited is hereby granted permission to use such income from said funds that is necessary to pay income tax which may become due and payable as a result of the said funds being on deposit in their institution. THE GUARDIAN shall provide a certificate to the Prothonotary setting forth the place of deposit, account number, and compliance with the above provision. By the Court, J. KENDRA L. REESE, A Minor, by Her Parent and Natural Guardian,: ELLEN REESE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 95 - 756 CIVIL TERM V. RITE-AID OF PENNSYLVANIA, INC. JURY TRIAL DEMANDED PETITION FOR LEAVE TO COMPROMISE A MINOR'S ACflON TO THE HONORABLE, THE JUDGES OF SAID COURT: Petitioner, Ellen Reese, Parent and Guardian of Kendra L, Reese, a minor, by and through her attorney, William P. Douglas, respectfully represents that: 1. She is the natural parent and guardian of the minor, Kendra L. Reese, who is five years of age (date of birth 2/23/92), and resides at 901 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 2, The minor plaintiff sustained the following injuries when, on September 27, 1994, she fell from a shopping cart at the Summerdale Plaza Rite-Aid: minor skull fracture. She was treated and released from the Emergency Room at Holy Spirit Hospital the same day, and had two follow- up visits with her physician, Vanitha Abraham, M,D. 3. The minor plaintiff's medical bills have been paid in full by the Commonwealth of Pennsylvania, Department of Public Welfare, which consents to this settlement and agrees to accept the sum of $448.67 in full sa tisfaction of its lien, 4. The minor plaintiff suffers no scarring or residual health problems as a result of the injuries she received in this accident. 5. Liability in connection with said accident has been disputed. 6, For the purpose of avoiding the expenses and uncertainty of litigation, the parties agreed upon a settlement and compromise in full discharge of the claim of petitioner, Ellen Reese, parent and guardian of Kendra L. Reese, minor plaintiff, in the sum of $1,500.00. A copy of the Release in this case is attached hereto as Exhibit "A". 7. Your petitioner approves the proposed settlement because she considers it fair and reasonable, in that she believes that it adequately compensates the minor for the injuries she sustained, and she does further approve the proposed distribution contained in the Order attached hereto. 8, Your petitioner finds reasonable the following expenses incurred by our attorney on our behalf: HCC Medical Records $ Prothonotary, filing complaint Sheriff, service of complaint 43,74 45.50 .2ll.2Q 118.20 $ WHEREFORE, your petitioner prays this Honorable Court to approve the above-mentioned settlement. Respectfully submitted, DOUGLAS, DOUGLAS & DOUGLAS April 22, 1997 By William P. Douglas, Esquire A ttorney for Peti tioner ,~. ,'I- -' I, " ~ ," 'J ".:. ,- .....-. --:--~.~ ~ -[-": ' .'..."..,..... ..."".', It'" .H""D (i) exhIbit A KENDRA L. REESE, A MINOR BY HER PARENT AND NATURAL GUARDIAN, ELLEN REESE, Plaintiffs : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-756 CIVIL v. : JURY TRIAL DEMANDED RITE-AID OF PENNSYLVANIA, INC" Defendant RELEASE AND INDEMNIFICATION I, ELLEN REESE, as Parent and Natural Guardian of KENDRA L. REESE, a minor, for and In consideration ofthe sum of One Thousand Five Hundred ($1,500,001 Dollars to be paid and distributed pursuant to the attached petitIon for Approval of settlement, paid to ELLEN REESE, by or on behalf of KENDRA L. REESE, do hereby, for KENDRA L. REESE, a minor at the time of the below-described Incident, myself, my heirs, executors, administrators, successors or assigns, remise, release, Quit claim and forever discharge the same RITE-AID OF PENNSYLVANIA, INC., their heirs, executors, administrators, successors or assigns, that I, ELLEN REESE, by or on behalf of KENDRA L. REESE, a minor, and as Parent and Natural Guardian of KENDRA L. REESE, a minor, mayor might have against the said RITE-AID OF PENNSYLVANIA, INC., or their heirs, executors, administrators, successors or assigns, or whIch In any manner have arisen or might arise as a result of that certain accident which occurred on the premises of Rite Aid Store 13611, at or about September 27, 1994, cumberland county, pennsylvania, which Is the subject of the above lawsuIt. . '" __.... ...._,._.__. . ~~.M'. " I" - -.,... ,I> " .~ -,", ......,~4,.....;.,-::.1l'-'t~- ~~ ~'. . .. . . , ,"'. . , "", '.', ~ ' ' I further certify, state, acknowledge, warrant, and declare that each and every person, attorney, carrier, entity or association which claims to have a lien on the proceeds of this settlement arising out of this Incident, lawsuit, or litigation, Is aware of this Release and Its terms and We understand that said released parties hereunder are relying expressly upon this unconditional express warranty In making payment hereunder, I, ELLEN REESE, as Parent and Natural Guardian of KENDRA L. REESE, a minor, understand that the said RITE.AID OF PENNSYLVANIA, INC., by reason of agreeing to thIs compromised payment, neither admit nor deny liability of any sort and that the same RITE- AID OF PENNSYLVANIA, INC. made no promise or Inducement to do or omIt to do any act or thing not herein set forth and I further understand that this Release Is made as a compromise to avoid expense and terminate all controversy and/or claim of whatsoever nature, know or unknown, Including any future problems which may result to the said KENDRA L. REESE, a minor, which In any way Is growing or connected with the above. mentioned accident, casualty or event. I, ELLEN REESE, as Parent and Natural Guardian of KENDRA L. REESE, a minor, hereby agree to dismiss with prejudice or otherwise terminate of record, the above.noted action heretofore Instituted on behalf of KENDRA L. REESE, a minor, against RITE-AID OF PENNSYLVANIA, INC., In the Court of common Pleas of Cumberland county, pennsylvania, I, ELLEN REESE, as parent and Natural Guardian of KENDRA L. REESE, a minor, do hereby expressly stipulate and agree, In consideration of the aforesaId payment, to Indemnify and hold forever harmless the said RITE.AID OF PENNSYLVANIA, INC., and their successors, assigns, heirs, executors and administrators, or the like, against loss from any and all further claims, demand and actions In law or In equity that may hereafter at any .2. COMMONWEALTH OF ({~~Ibl, I V,UI/ t; COUNTY OF BAI:IPHfN- ClLl'l\..b t( I (lA. J On thIS':W~.tday of (~t , 199J. before me personally appeared ELLEN REESE. known to me to be the person whose name Is subscribed to In the within Release and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~.fuCLb. '':&Lp Nor. RY PUBLIC SEAL NOIARIAl SEAL JANET M, lAY NOTARY PUBLIC CARI.1SlE BORO.. CUMBERLAND COUNTY My COMMISSION EXPIRES JUNE 26. 1999 .au ,ur ",.,", .'QUIPtfl In PILI II "'_nUN "'\"O~.' HI 'I" INUOlilll "'''HI'' 'wl"rr no, 1'1." '.Ollt iiI "VIti '" _ro' 0_ " Jlln',,,,, III alH III I N'! III n AG"'NIf ,~Uo D()t){sI.AS DOUGI.^~i [. DOUGlA!:' ,".,.."". '\: ~( no tll",n, CUll" tHoU 1111 wnlllH IS A "Wt ANn ,Oluntt eM. or lHe OIlIGINAL'lllUJ I'" IIU~ "tIlQN. IIf., .~, ":,11111 <', "1 I ~.'" ., '..>.-- "flOIHU. , ' , ~'l I' I! , . 1 " I . 'I ", ,\ '1 1 ,\ II) .,1011141 , ~.q.,.' -........~ (Q . ~ fi; (.-:, .- ~ .., (,- I,.; , IUr; i ." -1 ()'t. J'~ r" ..... 1~ .' I:".' 91 .. '. ; :~j p' ~ '.J .:;",) jlt\ (".J G:!' , !.": [': 'h~ l~~ ~ I' CL ..~ I~L l'.. r- .:j 0 t"J\ ~_J f:: .. . . . DOUlH,AS, IIUUGJ,AS & 1I0Um,AS 17 W. II11JII ST. 1'011 161 CARLISU; I'A 17013 THLI;PIIONE 717.143.1790 WILLIAM 1'. DOUGLAS. ESQ, Supreme Cuull I,D,H 37926 x GEORGE F. DOUGLAS. III. ESQ, Supreme Cuurt I.D.H 61886 KENDRA L. REESE, A Hinor, by her Parent and Natural Guardian, ELLEN REESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY PENNSYLVANIA PLAINTIFF 1995 - 756 CIVIL TERM va RITE-AID OF PENNSYLVANIA, INC. , CIVIL ACTION LAW DEFENDANT To: Lawrence E. Welker, Prothonotary PRAECIPE Please mark the docket in this case "settled and discontinued." Date: Hay 1, 1997 by Attorney for Ule ,-- 1.:: C'_ i: .-.. - " ,'. ~.~i l~. : .. c.: G:~ : [~~ ~: , :1~ .' . .. t1.. "': , LJ " ) " KENDRA L. REESE, A Minor, by : Her Parent and Natural Guardian,: ELLEN REESE IN THE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. NO. 95 - 756 CIVIL TERM RITE-AID OF PENNSYLVANIA, INC. JURY TRIAL DEMANDED PRAECIPE OF PRoor OF DEPOSIT Attached are copies of the deposit information with respect to the proceeds paid to the minor child. Dated: August 5,1997 DOUGLAS, DOUGLAS & DOUGLAS By . \ \ Attorney for Plaintiff 'In NON.NEGOTIABlE I NON TRANSFERADlE DAUPIDN DEPOSIT BANK AND TRUST COMPANY Member FDIC DEPDSITDR(S) KENDRA L REESE 1,9,J:.l.tA118 NO, 8140892998 IU~&)l~IU_. $1 1,000.00 I ADDRESS 901 BRIDGE ST NEW CUMBERLAND PA 17070 HAS DEPOSITED IN THIS BANK ISSUE TERM OF MATURITY INITIAL 'NTEREST PAYABLE o MAil CHECK DATE CERnFICA TE DATE INTEREST RATE o MONTHLY o SEMI.ANNUALLY llII CAPITALIZED 08/01/97 60 MONTHS 08/01/02 6.080 o OUARTERlY 0 ANNUAllY o CREDIT ACCT,NO. AT MATURITY D IlNCU MATlJIITY CDlT1~CA" BRANCH TYPE REDEMPTION AMOUNT 1m ,WTOMAnCAU.Y I\ENlWAlUCER11'ICATI 016 860 AUTHORIZE SIGNATURE CHANGES TO CERTIFICATE OF DEPOSIT INFORMATION AT RENEWAL TYPE ll!!M INTEREST RATE DATE CHANGED NEW MATURITY DATE DEPOSIT AMOUNT WITHDRAWAL AMOUNT .. NEW BALANCE CUSTOMER SIGNATURE EMPLOYEE I BRANCH NUMBER !lli TERM INTEREST RATE DATE CHANGED NEW MATURITY DATE DEPOSIT AMOUNT WITHDRAWAL AMOUNT .. NEW BALANCE CUSTOMER SIGNATURE EMPLOYEE I BRANCH NUMBER TYPE TERM INTEREST RATE DATE CHANGED NEW MATURITY DATE DEPOSIT AMOUNT WITHDRAWAL AMOUNT" NEW BALANCE CUSTOMER SIGNATURE EMPLOYEE I BRANCH NUMBER .. Substantial Panalty for Early Withdrawal ,'.(1)111' R'V"9O Patricia Stimmell 08/01/97 '- ~ I , , i I I ....r- -- - , I r~'