HomeMy WebLinkAbout96-01541
)
~
J
~
.~
J
-
~
! ~ ,)
~,
0-
J
J~
I
i
I
!
\~ !
'-l !
i
i
i
~ i
~ I
J
,
I
1
!
I
I
~
)
./
r
I
i
!
i
!
9. The Muscle Make Over Program was designed by an employee
of Alpha Racquetball , Fitness Club. The Program was suppose to
build lean muscle tissue by lifting as much weight as possible
until one reaches a point of "failure," at which time weight is
increased.
10. The Muscle Make Over Program also came with a diet
program providing for approximately 1200 calories per day. This
caloric intake was too low for plaintiff, Lisa A. Miner, and left
her feeling weak.
"
11. During the month of April, Plaintiff, Lisa A. Miner, went
to Alpha Racquetball & Fitness Club for the Muscle Make Over
Program for six weeks, three times a week, for a total of eighteen
sessions.
12. On May 4, 1994, while doing leg extensions with 100 Ibs.,
Plaintiff, Lisa A. Miner, experienced terrible pain in both knees.
When Plaintiff, Lisa A. Miner, informed the instructor of the pain,
she was told to put ice on her knees when she got home.
13. On May 6, 1994, Plaintiff, Lisa A. Miner, had the same
instructor as on May 4.
She again told the instructor of her
terrible pain and the instructor responded by reducing the weight
on the leg extension machine from 100 Ibs. to 90 Ibs.
3
19. Plaintiff, Lisa A. Miner, was diagnosed with
Patellofemoral syndrome and went through a rigorous course of
conservative care in way of physical therapy, but experienced no
improvement in either of her knees.
20. On the advice of Dr. Ronald W. Lippe, M.D., Plaintiff,
Lisa A. Miner, had arthroscopy on her left knee. Both knees needed
arthroscopy, but Dr. Lippe could do only one knee at a time.
COUNT I
PLAINTIFF. LISA A. MINER v. DEFENDANT
21. Plaintiffs incorporate and make part of this Count
Paragraphs 1 through 20 of this Complaint as if fully set forth.
22. Defendant was negligent and/or careless in some or all of
the following particulars I
(a) In failing to conduct its services
responsible and professional manner
Plaintiff, Lisa A. Miner, was caused
seriously injured both knees;
In failing to properly design a safe Muscle
Make Over Program which would not cause knee
injuries like those experienced by Plaintiff,
Lisa A. Miner;
in
to
in a
that
have
(b)
(c) In failing to suspect a problem when Plaintiff,
Lisa A. Miner, continued to complain to her
5
instructor about the terrible pain in both of
her knees:
(d) In failing to properly instruct Plaintiff, Lisa
A. Miner, to discontinue lifting weights and to
see a doctor after she repeatedly informed her
instructors of the pain:
(e) In breaching its duty to formulate, adopt, and
enforce adequate rules and policies to ensure
quality personal training to Plaintiff, Lisa A.
Miner: and
(f) In failing to employ experienced employees
and/or in failing to adequately train employees
and/or in failing to have the instructors properly
certified.
23. As a result of the negligence of the Defendant,
Plaintiff, Lisa A. Miner, has sustained severe injuries, inClUding,
but not limited to crepitus on range of motion of the
patellofemoral joints in both of her knees: severe anterior knee
pain in both knees: violent illness due to the pain medication
given to her after arthroscopy: severe depression due to the
drastic change in her life: chronic severe knee pain in both knees,
even after arthroscopy on the left knee: possibility that future
surgery will be needed causing further pain; humiliation:
embarrassment: and as a result thereof, she has suffered and
6
probably will in the future continue to suffer pain and agony, to
her great detrlinent and loss.
24. As a result of the negligence of the Defendant,
Plaintiff, Lisa A. Miner, has been and probably will be in the
future hindered from attending to her daily duties, to her great
detriment, loss, humiliation, and embarrassment.
25. As a result of the negligence of the Defendant,
Plaintiff, Lisa A. Miner, has suffered a loss of life's pleasures,
and she will probably continue to suffer the same in the future to
her great detriment and loss.
26. As a result of the negligence of the Defendant,
Plaintiff, Lisa A. Miner, has undergone great physical pain,
discomfort and mental anguish, and she will continue to endure the
same for an indefinite period of time in the future, causing her
great physical and emotional detriment and loss.
27. Plaintiff, Lisa A. Miner, believes and, therefore avers
that her injuries are permanent in nature. Plaintiff will continue
to have marked crepitus on range of motion of both knees and
anterior knee pain despite routine care, due to the injuries
sustained at Alpha Racquetball & Fitness Club. Plaintiff must,
7
to have marked crepitus on range of motion of both knees and
anterior knee pain despite routine care, due to the injuries
sustained at Alpha Racquetball & Fitness Club. Plaintiff must,
therefore, continue to live in chronic pain as a result of
Defendant's negligence.
28. As a result of Defendant's negligence, Plaintiff, Lisa A.
Miner, has been forced to incur medical expenses. Further,
Plaintiff, Lisa A. Miner, will be forced to incur future medical
expenses associated with her injury.
WHEREFORE, Plaintiff, Lisa A. Miner, seeks damages from
Defendant, Old Gettysburg Leisure Corp., d/b/a Alpha Racquetball &
Fitness Club, and Cocoa Enterprises, Inc., d/b/a Alpha Racquetball
& Fitness Club, in an amount in excess of twenty-five thousand
dollars ($25,000.00), plus interest, court costs, attorneys' fees
and such other relief as this Court deems just and proper and
further demands trial by jury.
COUNT II
PLAINTIFF. CHANCE MINER v. DEFENDANT
29. Plaintiffs incorporate and make part of this Count
Paragraphs 1 through 28 of this Complaint as if fully set forth.
8
30. As a result of the negligent conduct of Defendant,
Plaintiff, Chance Miner, has suffered a loss of consortium,
society, and comfort from his wife, Plaintiff, Lisa A. Miner.
NHBRBPORB, Plaintiff, Chance Miner, seeks damages from
Defendant, Old Gettysburg Leisure Corp., d/bl Alpha Racquetball'
Fitness Club, and Cocoa Enterprises, Inc., d/b/a Alpha Racquetball
, Fitness ClUb, in an amount in excoss of twenty-five thousand
dollars ($25,000.00), plus interest, court costs, attorney.' fees
and such other relief as this Court deems just and proper and
further demands trial by jury.
tJ0jq~
Respectfully submitted,
IBnR
Date I
BYI ..,. /
Eric J. w~, Esquire
Attorney I.D. No. 18046
319 Market Street
P.O. Box 1177
HarriSburg, PA 17108-1177
Attorney for Plaintiffs
9
lAPP, FRATICELLI , ULRICH
BY' FREDERICK W. ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburg, PA 1711~
(717) 541-8990
Attorney 1.0. No. 44855
LISA A. MINER and
CHANCE MINER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
OLD GETTYSBURG LEISURE CORP.,
d/b/a ALPHA RACQUETBALL ,
FITNESS CLUB, and COCOA
ENTERPRISES, INC., d/b/a
ALPHA RACQUETBALL , FITNESS
CLUB,
NO. 96-1541
JURY TRIAL DEMANDED
Defendants
ANSWER WITH NBW MATTER O.
DB'BNDA!I'l'. OLD GIlTTYSBURG LBISURB CORP..
d/b/a ALPHA RACOUBTBALL , 'ITNBSS CLUB.
and COCOA BNTIlRPRISBS. INC.. d/b/a
ALPHA RACOUBTBALL , 'ITNESS CLUB TO
PLAINTI~'S' COMPLAINT
1.
Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
~.
Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
3.
Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
4. Admitted in part and denied in part. Defendant admits
that Old Gettysburg Leisure Corp. is a Pennsylvania corporation
and does business as Alpha Racquetball & Fitness Club and that
said place of business is located at 4732 Old Gettysburg Road,
Mechanicsburq, Cumberland County, Pennsylvania. However,
Defendant denies the portion of this averment concerninq Cocoa
Enterprises, Inc., as said entity is a separate Pennsylvania
corporation and does business separate from the Defendant.
5. Ad~itted in part and denied in part. The Detendant
admits that it was doinq business as a fitness club and oftered
services in personal training. As to whether Detendant
"portrayed itself" as an expert in personal training and exercise
physiology, after reasonable investigation, that portion of this
averment is denied as the Defendant is without SUfficient
knowledqe or information to form a belief as to the truth of this
portion of the averment.
6. Denied. This averment constitutes a statement or
conclusion ot law to which no responsive pleading is required
under the Pennsylvania RUles of Civil Procedure.
7. Admitted in part and denied in part. Defendant admits
that some of its employees are not certified by AAAI or ISMA.
However, some of the employees of the Defendant are certified by
AAAI. Defendant denies, however, that AAAI is the national
certified agency; to the contrary, AAAI is a national certified
aqency.
8. Admitted.
9. Denied. The Defendant denies that an employee of
Defendant "designed" the Muscle Make Over Program. To the
contrary, the Muscle Make Over Program was "designed" by someone
other than the Defendant or its employees. The Program, however,
2
was implemented by the Detendant. Furthermore, the Mus~le Make
Over Program was not designed tor an individ~al to "litt as much
weight as possible."
10. Admitted in part and denied in part. The Muscle Make
Over Program lasted tor six (6) weeks and the individual
participation was tor a schedule of three (3) times a week, thus
equalling eighteen (18) sessions. As to whether the Plaintitt
participated in the Muscle Make Over Program tor the entire six
(6) weeks, three (3) times a week, and tor eighteen (18)
sessions, atter reasonable investigation, the Detendant is
without sufticient knowledge or intormation to torm a belief as
to the truth ot this portion ot the averment and accordingly
denies the same.
11. Denied. Atter reasonable investigation, Detendant i.
without sufticient knowledge or information to torm a belief as
to the truth of this averment and accordingly denies the same.
12. Denied. Atter reasonable investigation, Defendant is
without sufticient knowledge or intormation to form a belief as
to the truth of this averment and accordingly denies the same.
13. Denied. Atter reasonable investigation, Defendant is
without sufficient knowledge or information to form a beliet as
to the truth of this averment and accordingly denies the same.
14. Denied. Atter reasonable investigation, Defendant is
without sufficient knowledge or intormation to form a beliet as
to the truth ot this averment and accordingly denies the same.
15. Denied. Atter reasonable investigation, Defendant is
3
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
16. Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
17. Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
18. Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
19. Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
20. Denied.
After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of this averment and accordingly denies the same.
COUNT I
PLAINTIPP. LISA A. KINER v. DEPEND~
21. The Defendant incorporates its responses to paragraphs
1 through 20 above as if more fully set forth herein.
22. (a-f) This averment and its subparagraphs constitute
statements or conclusions of law to which no responsive pleading
is required under Pennsylvania Rules of Civil Procedure. To the
extent this averment and its subparagraphs could in any way be
deemed factual, after reasonable investigation, the Defendant is
without sufficient knowledge or information to form a belief as
4
-
to the truth ot this averment and its subparagraphs and
accordingly deni4s the same.
23. Denied. Atter reasonable investigation, the Detendant
is without sutticient knowledge or intormation to torm a belief
as to the truth ot this averment and accordingly denies the aame.
24. Denied. Atter reasonable investigation, the Detendant
is without sutticient knowledge or intormation to torm a beliet
as to the truth ot this averment and accordingly denies the same.
25. Denied. Atter reasonable investigation, the Detendant
is without sutticient knowledge or intormation to torm a beliet
as to the truth ot this averment and accordingly denies the same.
26. Denied. Atter reasonable investigation, the Detendant
is without sutficient knowledge or information to torm a belief
as to the truth ot this averment and accordingly denies the same.
27. Denied. Atter reasonable investigation, the Detendant
is without sutticiQnt knowledge or information to torm a beliet
as to the truth of this averment and accordingly denies the same.
28. Denied. Atter reasonable investigation, the Defendant
is without sutticient knowledge or information to torm a beliet
as to the truth ot this averment and accordingly denies the same.
COUJIT II
PLAINTIFF, CHANCB HINBR v. DEFBNDANT
29. The Detendant incorporates its responses to paragraphs
1 through 28 above as if more fully set forth herein.
30. Denied. This averment constitutes a statement or
conclusion of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure.
5
WHEREFORE, Defendant, Old Gettysburg Leisure Corp.,
d/b/a Alpha Racquetball , Fitness Club, and Cocoa Enterprises,
Inc., d/b/a Alpha Racquetball, respectfully request This
Honorable Court enter judgment in its favor and against the
plaintiffs, together with such other relief as being just and
appropriate.
... HATTBR PURSUANT TO PA.R.C.P. aULB 1030. 42 PA.C.S.A.
31. The cause of action and any recovery of the Plaintiffs
against Defendant is barred or substantially reduced pursuant to
the terms of the Pennsylvania Comparative Negligence Act, 42
Pa.C.B.A. 57102, which is incorporated herein by reference.
32. The Plaintiffs' claims are barred by reason of the
Plaintiff, Lisa A. Miner'S, negligence, which cause negligence
was greater than the total negligence, if any, of Defendant.
33. The Plaintiff, Lisa A. Miner'S, claims are barred by
reason of her conscious and knowing assumption of the risk of
harm allegedly caused by the Defendant's conduct.
34. The Defendant committed no acts which could be
construed as negligence or in breach of any duty owed to the
Plaintiffs, therefore, the Plaintiffs' Complaint fails to state
any claim against Defendant upon which relief may be granted.
35. Plaintiff, Lisa A. Miner'S, injuries and damages as
alleged may have been caused by individuals, entities, or
activities, over the Defendant was not responsible.
36. To the extent alleged in the Plaintiffs' Complaint, the
,
exercise program and activities referred to the Plaintiff, Lisa
A. Miner, were reasonable and under the circumstances required
the Plaintiff to exercise some of her own jUdgment in determining
the amount of activity she should engage.
37. The Plaintiff, Lisa A. Miner's, injuries were not
proximately caused in any manner by the advice or regimen
provided to the Plaintiff.
38. The Defendant did not breach any duty owed to the
Plaintiff, if any such duty was owed, and cannot be held
responsible for any such breach of a duty.
WHEREFORE, the Defendant, Old Gettysburg Lsisure Corp.,
d/b/a Alpha Racquetball , Fitness Club, and Cocoa Enterprises,
Inc., d/b/a Alpha Racquetball, respectfully requests Your
Honorable Court to enter jUdgment in its favor and against the
Plaintiff, together with such other relief as deemed just and
appropriate.
Respectfully sUbmitted,
RAPP, J'RATICELLI , ULRICH
-- ,/ /
BY :;~.) /.. (. {....
FREDERICK W. ULRICH, ESQUIRE
(Attorn~y for Defendant)
7
..... ra&21CILLl . ULRICK
BY: FREDERICK W. ULRICH, ESQUIRE
'40n Flank Drive, Sui~e 900
Harrisburq, PA 17112
(717) 541-8990
At~crney I.D. No. 44855
LISA A. MINER and .
.
CHANCE MINSR, .
.
Plaintifta .
.
.
.
v.
.
.
OLD GETTYSBURG LEISURE CORP., .
.
d/b/a ALPHA RACQUETBALL , .
.
FITNESS CLUB, and COCOA :
ENTERPRISES, INC., d/b/a .
.
ALPHA RACQUETBALL , FITNESS .
.
CLUB,
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-1541
JURY TRIAL DEMANDED
CKaTJ.IC1TB O' .laVJc.
.,
I, FREDERICK W. ULRICH, ESQUIRE, attorney for
Defendants, hereby certifies that Defendants' Expert
Interroqatories Directed to Plaintiff. in the above-captioned
matter was served upon Eric J. Wiener, Esquire, Handler' Wiener,
319 Market Street, Post Office Box 1171, Harrisburq, Pennsylvania
17108-1177, by placinq same into the qeneral delivery mail on
this \1)1;:.. day of October, 1997.
Respectfully submitted,
RA'P. FRATICILLI . ULRICK
~'-"-'.r--..' ,
) /{ '//
BY: _ t... v
FREDERICK W. ULRICH, ESQUIRE
(Attorney for Defendants)
.
--~-"- ---' .>.
'- tf. " ..
i:-: C':
, (.;~
I.:
, ,
. '.
I
Y
L.
.,
I '- . l;-
e.
t.t.- r- ~.J
I.....~ C".
.....
n~
...t"
.,
I,LJr
C)-
Ll.
~J
C <,
l
L
"
r-.
. "
, ;
,
"
.
-.~) 1
, 'J
0
"
l.j
..
.\
I
I
1
I
1
I
OLD GETTYSBURG LEISURE CORP., I
d/b/a ALPHA RACQUETBALL , I
rITNESS CLUB, and COCOA I
ENTERPRISES, INC., d/b/a .
ALPHA RACQUETBALL 'FITNESS I
CLUB, I
1
LISA A MINER AND
CHANCE MINER,
Plaintitta
IN THE COURT Of' COMMON :?LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 96-1541
Defendants
JURY TRIAL DEMANDED
RBPL:f TO NEW MA'rTBR
AND NOW come the Plaintiffs, by and through their attorneys,
Handler & Wiener, and reply to new matter as follows.
31. The averments of Paragraph 31 are conclusions of law to
which no response is necessary. However, if a response is deemed
necessary, said averments are denied and proof demanded at trial
thereof.
32. The averments of Paragraph 32 are conclusions of law to
Which no response is necessary. However, if a response is deemed
necessary, said averments are denied and proof demanded at trial
thereof.
33. The averments of Paragraph 33 are conclusions of law to
Which no response is necessary. However, if a response is deemed
necessary, said averments are denied and proof demanded at trial
thereof.
34. The averments of Paragraph 34 are denied. In the
Complaint, Paragraphs 1 through 30 are incorporated herein by
reference thereto. To the contrary, Defendant and/or its agents
were negligent, and their negligence was a substantial factor in
the injury to Plaintiffs.
35. The averments of Paragraph 35 are conclusions of law to
which no response is necessary. However, if a response is deemed
necessary, said averments are denied and proof demanded at trial
thereof.
36. The averments of Paragraph 36 are denied. The exercise
program was not reasonable and it is averred that Plaintiff did
exercise judgment. However, Plaintiff was guided by Defendant
and/or Defendant's agents and employees.
LISA A. MllfBR and , I. THB COURT OP COMMON PLEAS OP
CHAHCB MINBR, , CUMBBRLAND COUNTY, PBHNSYLVAHIA
Plalntiffs ,
,
v. , CIVIL ACTION _ LAN
1
OLD GETTYSBURG LBISURB CORP., , NO. 96-1541
d/b/a ALPHA RACQUBTBALL " ,
PITNBSS CLUB, and COCOA 1 JURY TRIAL DEMANDBD
BlTBRPRISES, INC., d/b/a I
ALPHA RACQUBTBALL "PITNESS 1
CLUB, I
Defenelants 1
CBRTIPICATB OP SBRVICB
I HEREBY CERTIFY that I have served a true and correct copy of
the Complaint filed on June 19, 1996, in the above matter upon
oounsel of record on the 21st day of June, 1996, by plaoing the
same in the U.S. first. class mail, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows,
Frederiok w. Ulrich, Esq.
Rapp, Fraticelli , Ulrich
6400 Flank Drive, Suite 900
Harrisburg, PA 17112
HANDLER AHD WIENER,
By ra. ~kuj
--- - ,..... "---
RAP', rRATICILLI , ULRICH
BY' FREDERICK W. ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburg, PA 17112
(717) 541-8990
Attorney 1.0. No. 44855
LISA A. MINER and
CHANCE MINER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,
,
I
,
,
OLD GETTYSBURG LEISURE CORP., I
d/b/a ALPHA RACQUETBALL' ,
FITNESS CLUB, and COCOA ,
ENTERPRISES, INC., d/b/a I
ALPHA RACQUETBALL 'FITNESS ,
CLUB,
Plaintiffs
v.
CIVIL ACTION - LAW
NO. 96-1541
JURY TRIAL DEMANDED
Defendants I
CIRTI~ICATR or .IRVICR
I, FREDERICK W. ULRICH, ESQUIRE, attorney for
Defendants, hereby certifies that Defendants' First Set of
Interrogatories and Request for Production of Documents addressed
to Plaintiffs in the above-captioned matter was served upon Eric
J. Wiener, Esquire, Handler' Wiener, 319 Market Street, Post
Office Box 1177, Harrisburg, Pennsylvania 17108-1177, by placing
same into the general delivery mail on this \S~day of August,
1996.
.
,i
I
I
I
!
I
"
I
Respectfully submitted,
RA", rRATICILLI , ULRICH
'\r (,.
BY' ( I __.____
FREDERICK W. ULRICH, ESQUIRE
(Attorney for Defendants)
t
,
i
I
"
t'
(,
~ -" .,..
c;,
~ :it ,~,; ;;i
wQ
~~., or. ).?
.. ....
fO' 6- ~1:3
- ""
0 ..:> "..t:n
~ "1.'"
lf1 ~:~: C~ ,8~
i- ;&:i ::~
u.. u:> :::l
0 en U
LISA A. MINER. and CHANCE MINER.
her husband
1712 Letchworth Road
Camp Hill, PA 17011
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
I. ('I JI
NO, 'i(" - / ,j-lf-I . uk~ V l/q.",-
CIVIL ACTION, LAW
OLD GETTYSBURG LEISURE CORPORATION
d/b/a/ ALPHA RACQUETBALL & FITNESS CLUB :
4732 Old Gettysburg Road
Mechanicsburg, PA 17055
and
COCOA ENTERPRISES INC., d/b/a
ALPHA RACQUETBALL & FITNESS CLUB and
COCOA COURT CLUB
1 Dartmouth Court,
Mechanicsb'Jrg, PA 17055
Defendants JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY
Please issue a Writ of Summons for Sheriff's service upon the Defendants above-
named, Old Gettysburg Leisure Corporation d/b/a Alpha Racquetball & Fitness Club and Cocoa
Enterprises, Inc. d/b/a Alpha Racquetball & Fitness Club and Cocoa Court Club.
HANDLER and WIENER
Date: 3/J 7/9-6
~
By V
Eric J, Wiener, E uire
319 Market Street
P,O. Box 1177
Harrisburg. PA 17108-1177
(7171234-8031
Attorneys for Plaintiff
1118046
(. t~,
.~
,..:, ~ ...j
l,.'"_ '" \C,
,-,
Lt'
. /0'...) '.'") ~ '"
I.... ,- ,..,...,
I, ,~
" '-...:::r- ..-:')
I -
r', ,
ll' , .......,
l"-
I.._ -~ <:) '-' .;,J
I --
I ........
L
~ - \
~-::J... ';.)
"""-:-<- "'"
<::; -----.)
-
a:
w
z
w. 8
~ ~ ~;:: 51
· ~ ~ - IS
~OV1:C~
EZ5 L~
oc(d~~
! a: scq~
W!Lie
oJ '" ~
o .
z
c(
J:
.
.
. .
Commonwealth of Pennsylvania
County of Cumberland
Lisa A. and Chance Miner
1712 Letchworth Rd.
Camp Hill PA 17011
v.
Old Gettysburg Leisure Corp. d/b/a
Alpha Racquetball & Fitness Club
4732 Old Gettysburg Rd.
Mechanicsburg PA 17055
and
Cocoa Enterprises, Inc. d/b/a
Alpha Racquetball & Fitness Club
Cocoa Court Club
I Dartmouth court
Mechanlcsburg PA 17055
and
No, -____~~_:!_~tU~.!y_!L'!'~~!'!______ 19.___
Court of Common PI....
In .._ ..5:!X!! -!'.C:~.!9_1)._:._!-.~~_.__.____u_._
Old Gettysbu~t Leisure Corp. d/b/a Alpha Racquetball & fitness
To ...C:l-.1l9.JilnQ__f;9_~9_<!_J.;D_t*:...lll"_:j,=tt:=h__:tnc. d/b/ a Alpha Racquetball &
Fitness Club and Cocoa Court Club:
You are hereby notified that
Lisa A. and Chance Miner
.------------------------------------------------------------------------------------------------
the Plaintiffs h,,'oIE!commenced an action in ..~-~~.~~~.~--:.~~~~:.-~:~-:?~--:.~.~~.___..u..___
against yeu which you are required to deCem] or a deCault judgment may be entered against you.
(SEAL)
Lawrence E. Welker
Date ..___~'!E'_S!t__~_c:~__________._ 19.2.~
._._._---_._-_._---p~~~~~-_.__.__.._.__.._.
" ----'<h""--A----.,t-!b;.?"""I____
) Deputy f (j
II/Jill , ~g. 1f{4(, iJ' )
III III
III . III
QlUQI
C C C
............
..... ....
c.r.. .r..
J M III I I
'0 o <4Q1<4,Q
C U III :J E
III ~....~~
.0 QI~M~U I I
~ CIl Mille-III I . ...
:J :J,Q .0.... , * I
QI .c CIl....QI....'" .S
Eo< .... QI.... QI ::l I )1 . ~
'OM QI :J C :J 0 III, I
~ C QI ..:l O'tLl O'U I J ..:l U!1~;ij II
.... 1II.c U U I
.> - 0111I1011I10 I
.... M . Mlli: Olli: 0 I
U I QI M :J U U I C
,
I C QI ,Q III 0 III 0 , 0
... .... c CIl.cU.cU 1 .... lTf~ r
... :c.... >'0. 0. I .... r
In :c ....~'tI...'tI I U I
, I;~~. ~
... I . ....<C<C , <
I <QI QI 10 10 I r
\Q U t'l III III I ~I I
en 10 C .........0,.0 I I
:i I CIlIII 'tI.o:J.o::l , I
'... .c ~........~ .........-1 , ....
I ..:lU O'OU'tIU , U r
.
...., rRATJCILLI , ULRICH
BY: FREDERICK W. ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburq, PA 17112
(717) 541-8990
Attorney 1.0. No. 44855
LISA A. MINER and
CHANCE MINER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v. CIVIL ACTION - LAW
OLD GETTYSBURG LEISURE CORP., I
d/b/a ALPHA RACQUETBALL' : NO. 96-1541
FITNESS CLUB, and COCOA
ENTERPRISES, INC., d/b/a
ALPHA RACQUETBALL , FITNESS JURY TRIAL DEMANDED
CLUB,
Defendants
IJlTRY 01' APPDRAN~lI
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, Old
Gettysburq Leisure Corp., d/b/a Alpha Racquetball' Fitness Club,
and Cocoa Enterprises, Inc., d/b/a Alpha Racquetball , Fitness
Club, in the above"captioned case.
Please note our demand for trial by jury.
Respectfully SUbmitted,
RAPP, rRATICILLI , ULRICH
-)).---........,.
BY: .~ (
FREDERICK W. ULRICH, ESQUIRE
(Attorney for Defendants, Old
Gettysburg Leisure Corp. and
Cocoa Enterprises, Inc., d/b/a
Alpha Racquetball , Fitness
Club)
RAPP, rRATICILLI , ULRICH
BY: FREDERICK W. ULRICH, ESQUIRE
6400 Flank Drive, Suite 900
Harrisburq, PA 17112
(717) 541-8990
Attorney 1.0. No. 44855
LISA A. MINER and . IN THE COURT OF COMMON PLEAS OF
.
CI'.ANCE MINER, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs .
.
.
.
v. CIVIL AC'rION - LAW
.
.
OLD GETTYSBURG LEISURE CORP., .
.
d/b/a ALPHA RACQUETBALl. , NO. 96-1541
FITNESS CLUB, and COCOA
ENTERPRISES, INC., d/b/a .
.
ALPHA RACQUETBALL , FITNESS JURY TRIAL DEMANDED
CLUB,
Defendants .
.
RUL. TO I'lL. COKPLAIN'l'
PURSUANT TO PA.R.C.P.. RUL. 10371.1. 42 P..C.S.A.
AND NOW, this .:!.3,L4l day of -/hIL, ' 1996,
upon Praecipe of the Defendants, Old Gettysburq Leisure Corp. and
Cocoa Enterprises, Inc., d/b/a Alpha Racquetball' Fitness Club, a
Rule is hereby issued upon Plaintiffs, Lisa A. Miner and Chance
Miner, to file a Complaint within twenty (20) days after the
service of this Rule.
PR'J~~NOT&Y Inca...._ ~7j
i'r. r-
~~; ,':
~c: (,; ?)
)'
~- -- :~
~b v_ .',
l-:'i
, :.-
" ' 1)1
" J ~~;
~i,' ('"".'
- ,lri)
F - " '0..
~L t.n ::i
\..) (i. V