The URL can be used to link to this page

Home My WebLink About96-02781 '1', :,;1 ,r . ~A.ifNU. 7~~t tr :K.f.r . " ,';f,,...,,..,.f.. , . ... 1lCIIIw&:;~;' ITIIIIT , ' , 11\ CUM "' IlAIIIIIIIU... ~I"O' " "':'. --I','-;<,:,II"'<:''r;.:'r-::'':lj;''-illf''I~r, : , ", " '"I''' '),:.'{' liilllll,~", , II . 11'1 .r:1" I) II \ , r I ", Il~ ,Id i)-} ,.'ft.. 1 '.. ",1",,'1\ '\1') 'i . ' " '_' '~\....,IC:',!1:\:r):I.~ 'I 'j" ."""\".-"....,','.."~,.r" '~l'_,.,,,,i)'! ,..lr,'.,.).':~.'tA',j.i.~.';,.:-. '!~ ,.':1'." ,1.,.,-"_';','.'-/.' I I" , 1':-""'II";.k1,il'.., I, :':;,.'; .~;I;('I"'::'.)."?;r~: , . I 'L ,'t-, -' "',~' \ '.I?J:..: I' ".,' 1 \.,',.1 ",'::':;;"':')(,i,:t.:8~:Jl: ", I '" QUINCE EDDENS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA, v. YE OLDE ALE HOIJSE, INC., Defendant. NO. .6-2781 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPI; TO SETTLE AND DISCONTI~lJE TO THE PROTHONOTARY OF SAID COURT: Plaase mark the above-captioned action settled, ended and discontinued, with prejudice. THOMAS, THOMAS & HAFER, LLP -. If; /!C41 J r y B, Rettig, Esqulr(/ I, . #19616 ' 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639 Attorneys for Plaintiff Date: 101';1 q 8 1 I~ ..::t o- N r.- 0," "' :';.~ ~ ( ,...., C; :c: (":~ ',. rL ~ "~l~J .....- {" ~ ~1~2 &: I ~' >- rh~ 000: '."!JCL, :E: ~ t; ,.. a CJ'I I' , . " , I, ,,, ", , , , , '. E' - (.:; .t: - .-. .,.~~ " ~"C? ::)~ r' 1_... r.ih "- ,-~~ ~'~ I., ~l, tJ.: .:'. 9" , ..' (':: ...... ':' , , elll 'j' ~<} 1.11(.;: - ..J ...., , . .~ Ei:': ~, "]/\J .. ~~ r,!/tL. . [, ,..., ~'.) C ('oi' Q " " I, ~ <'I ~ ~ ,,", ~o N ..~) .:f ~~ ()..; !l.~ ::c 0;;: @~': "- "l~ "J!' ." <.0 ol;"i:n g: I ''OJ'':''' O~p,) :;,. fj)1~ ~ (;J V!..:J.. :z.: a ~ :;; , , ,I ", " or, J.,,,.y B, R.tffg. E.qul" IDINTI"C<TIDNNo" 'self ~OI Nonh'ttJM S,,., ',0, .. '" Httrllbur,.'A , UO',OIl' t717} U,.lIJ' Artom.y. '0' ",.lnUIf QUINCE EDDENS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. v, YE OLOE ALE HOUSE,INC" Defendant. NO, t6-2781 CIVIL TERM CIVIL ACTION - LAW 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 allorney and fihng in writing with the Court your defenses or objecl1ons to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and aJ'udgment may be entered against you by the Court without further notice for any money claime in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO 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. Cumberland County Court AdmInistrator 4th fo'I" Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 , '. ., , , .. I,. , \ " As a result, Plaintiff suffered bruises and contusions to his wrist, forearm and a fracture of his right hand, On or about March 13. 1996, Plaimiff sought treatment at Community General Hospital where the fracture of his right hand was diagnosed, 6. As a result of the aforementioned incident. Plaintiff's right foreann was placed in a cast and he underwent follow-up treatment, 7, Defendant owed Plaintiff, a business invitee, a heightened duty of care to provide a safe and hazard free business premise, 8. Plaintiff was caused to fall as a direct and proximate result of the Defendant's negligence. careless and reckless conduct, which consisted of the following; (a) failing to provide railings for pedestrians to hold onto while entering Defendant's premises when it knew. or in the exercise of reasonable care should have known, that patrons, including the Plaintiff, would be exposed to an unreasonable risk of hann while attempting to enter its premises during inclement weather; (b) failing to reasonably inspect the parking lot area and entrance way to the premises for ice or slippery conditions; (c) failing to clear the premises of accumulations of ice when Defendant knew, or should have known, that the area was icy and slippery; (d) failing to warn patrons of the dangerous nature of the ice covered parking area; and (e) failing to assure that the entryways to Defendant's premises were safe and adequate for their intended use by business invitees, 2 9. . As a direct and proximate result of the negligence of the Defendant as stated above, the Plaintiff was caused to fall and &ustained personal injuries, including, but not limited to, a fracture of the right hand, 10, Plaintiff was caused to undergo treatment for his injuries and incurred medical bil1s and special damages as a result thereof. 11. As a further result of Defendant's negligence, Plaintiff has suffered and continues to suffer pain and suffering. 12, At the time of this accident, Plaintiff was engaged in the business of, ~ lllill, selling string musical instruments to the general public. 13, As a result of the injuries 10 Plaintiff's right hand, he was unab Ie to demonstrate the characteristics of the string instruments that he offered for sale and, thus, suffered a loss of earnings. 14. As a further result of Defendant's negligence, Plaintiff may incur future lost eamings and an impainnent of his earning capacity, WHEREFORE, Plaintiff requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in an amount in eXI:ess of $25,000,00, plus costs, interest and I ,I I. '\'.:; a :;1 , \~{!.l "(tl, " " ::W,'I,\ , ',.)>\ ), ,t',_\j'i~:(t~ , ,Ii ,ii'(!'~~~' I, ""'"\' . I -j;\! ,"'I "jolJi,'}t , r-'~~ ,f'.'l~; ,I,)r' ,'''.' CM~TE'" aJlWCI' ,. JI",,,r I. /I.ma. 'SQU'/I'. h_by ..,I/fo( 11I., I h....orved. 1N..ntI ..".., ..py.' III. "".."",,, C"",,,,,,,,, "" tho frIIIo.."", penonl., by ""''''"..m. ", III. United St.,., m.H. "'"'''' _/d. .n III. 2111I d,y.f S",,""'bw, 1IH: r. 0Ide Ale Hf/U" 1002 c.ntele "". MHhenlc./HnfI.'A 17011 ~:'-< ," , , " , , , I' , " ", I" .j " 1 , I ~ lJ) r-: '" tti ., M ""', :'):i . ~ :c ...);t f.. "- ."):;1 f' '5': " Q) h' ,(! ...1, CtI;1.l .... il~ ~, t,) ) Q .... ~ '" d C1' . ""' ~ ~) ~ :J,..,':'::(:-IIJI.MJ"IIO'llnll..\l l""IIHf\ojl.l~"'I'-"" 10 ~:.'nl'O ON ~llrJj I~l^~)" IW';" ';vl'; ,.~ :: ~ , ...... ~i ~~ ~ ~ "" <IJ ..... ..... ~ ~ ] j IX ,~ ~ ~ E ~ Id. . ~.J 8 ~ 2: ou~ Iii z" ~ ~.d i +.J ~ III 0 Ul u~. o I ~ I- << Ul ~ Wi n , 0 f . . ~ i ~ ~ ~ S ~ " ~ f ~ ~ " << o > ," IN THI COURT or COMMON PLBAS or C~IRLAND COUNTY, PINNSYLVANIA QUINCI BDDBNS, I Plaintiff, I q(., I No. ~.:I781 CIVIL TZRM v. I I CIVIL ACTION - LAW YB OLD! ALB ROUSI, INC, , I Dehndant. I JURY TRIAL DBMANDID ANSWZR.M:m.. NEW MATTER AND NOW, comes Defendant, Ye Olde Ale House, Inc" by and through its attorney, Steven M, Hovis, Esquire, and the law firm of STOCK AND LEADER, and files this Answer and New Matter,' 1, Admitted, 2, Admitted, 3 , Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 3 of Plaintiff's Complaint, If relevant, strict proof thereof is demanded at trial, 4, Denied, After .reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 4 of Plaintiff's Complaint. If relevant, strict proof thereof is demanded at trial. By way of further answer, Defendant specifically denies that the front entrance to its restaurant was ice covered on or about March 9, 1996, 5, Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 5 of Plaintiff's Complaint, If relevant, strict proof thereof is demanded at trial. 6, Denied, After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 6 of Plaintiff's Complaint, If. relevant, strict proof thereof is demanded at trial. 7, Denied, The avermp.nts contained in Paragraph 7 of Plaintiff's Complaint constitute conclusions of law which are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, 8, Denied. The averments contained in Paragraph 8 of Plaintif f' s Complaint constitute conclusicllS of law which are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, By way of further answer, Defendant specifically denies that. (a) it failed to provide a safe entrance to its premises; (b) it failed to reasonably inspect the parking lot area and entrance; (c) it failed to clear the premises of accumulations of ice; (d) it failed to warn patrons of any alleged dangerous conditions including the nature of ice covered parking area; and (e) it failed to ensure that the entrance ways to Defendant's restaurant were safe and adequate for the intended use by the bUfi",iness invitees. 9, Denied. After reasonable investigation, Defendant is without information suf.ficient to form a belief. as to the truth of 2 the averments contained in Paragraph 9 of Plaintiff's Complaint, If relevant, strict proof thereof is demanded at trial. By way of further answer the remaining averments contained in Paragraph 9 constitute conclusions of law which are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, 10. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief aa to the truth of the averments contained in Paragraph 10 of Plaintiff's Complaint, If relevant, strict proof thereof is demanded at trial, 11. Denied, After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 11 of Plaintiff's Complaint, If relevant, strict proof thereof is demanded at trial, 12. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 12 of Plaintiff's Complaint. If relevant, strict proof thereof is demanded at trial. 13, Denied. After reasonable investIgation, Defendant is without information sufficient to form a belief as to the truth of the averments contained in Paragraph 13 of Plaintiff's Complaint. If relevant, strict proof thereof is demanded at trial. 14. Denied, The averments contained in Paragraph 14 of Plaintiff's Complaint constitute conclusions of law which are deemed denied pursuant to the Pennsylvania Rules of Civil Procedure, By way of further answer, after reasonable investigation Defendant is without information sufficient to form 3 CBRTI.ICATB 0. SBRVICB AND NOW, TO WIT, this 171!- day of (T)~ , 1996, I, Steven M, Hovis, Eaq" of the firm of STOCK AND LEADER, hereby certify that I have served the within Answer and New Matter by , depositing same in the United States mail, postage prepaid, at York, Pennsylvania, addressed as follows: Jeffrey B, Rettig 305 North Front Street P , 0 , Box 999 Harrisburg, PA 17108-0999 STOCK AND LEADER 35 South Duke Street p, 0, Box 5167 York, PA 17405-5167 Tel. (717) 846-9800 ..?:::::- IE BY: 6-1 ~ t , Steven M, ovis Supreme Court I,D. #59009 Attorney for Defendant 5 " " ~ I: a :::d to..... ,,' r:J::. ~ B c ,?;? t' I'- " , I '0 ~ ~. I. I../) ,.., vi ~ I ~ ~ ~ ~ \.J r:t.. , . ", . , I I J I . lJ:l g~~Q) m ~ 0 .... .E! ..... ~~; ~ I ~ +-is J Ol en.... II ~ 'r-i ~ ...-4 - OJ OJ '~ &~~~~~ cj .~ I ..... ~~~ . f~2: I Q) ~! 00 ~ .... I .... ~~! ~~.r N ~ I =;11 I ~ ... I , I ~~ 51 ... III ....0 I . Q.I 0 ...... ..., M f'1-t . " ' . I . ',. '1 Iii II" I' Ii', ,;'1 I' "I' :11 Iii' ,I " , , , i' " iil " , , . ',T:I '" "\'1 " , 'I I" " , I I :! \\ I": ::1 , 'i 1,'1 I l,,' " I,ll I' I " '1' " I I /, ',' , i , , I , i \ , " I ,', ii. ,I j; j I, II 1,:", ','1. , 1" ": ", , I " ., .! j ;,', /, \"jl!:';11 Ii"'" hi, ,',IF 1,I'i, '\', ! 1,1 '1'1 1,,1 1;\ 11",'1','11 " " "I"'l,AI ~.~ ~r.~~' , ~~;;........ ,;":';~1~1"''''''''''''''''''<., ~ ~ ( , " I, :! I"~ .' 1,1' ,i~ ~ ~ 1~ C);/A.-a ~J~ I I ,i' ! '! 1 ~ t , , " , " rHp ,~ , / ~ \ ,I I