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HomeMy WebLinkAbout97-00668 J ~ ~ ~~ ~ ~ ~ "" ~ ~ ~' ~ "- ~ '.... , c.." ~ ...j ~I ~. with an address of 66 lonesome Road, Newville, Cumberland County, Pennsylvania 17241; 5, On January 10, 1997, the Defendant Ryan and other minor children hosted a drinking party at the Heckendorn residence located at 66 lonesome Road, Newville, Pennsylvania; 6, The purpose of such party was to consume alcohol and become intoxicated; 7, At this time the Defendant Ryan had alcohol in the residence located at 66 lonesome Road, Newville, Pennsylvania to include but not limited to Wild Turkey and Vodka; 8. 9. Defendant Ryan had obtained the alcohol at sometime prior to this party; The home is owned by Debra l. Heckendorn, the minor's natural parent and guardian; 10. Prior to January 10,1 997, Defendant Ryan had hosted other drinking parties where alcohol and illegal drugs were available at the home located at 66 lonesome Road, Newville, Pennsylvania and was known to the Defendant's mother; 11, At or about 7: 15 p.m. Plaintiff Philip l. Wolfe arrived at the home of Ryan and Debra Heckendorn; 12. Upon information and belief Debra Heckendorn gave permission for Ryan to host the alcoholic beverage party on January 10, 1997 and other dates in 1996; 13. Prior to such date, January 10, 1997, Defendant Debra l. Heckendorn had knowledge that Ryan had been hosting illegal drinking parties, consuming alcohol and - 2 - ~ , .? controlled substance at the home located at 66 lonesome Road, Newville, Pennsylvania; 14, At or about 7: 15 p,m, on January 10, 1997 Philip and Brock Hanson and a girl only known as Amanda arrived at the Heckendorn residence located at 66 lonesome Road, Newville, Pennsylvania, At that time Philip was sober and an invited guest at the Heckendorn home; 15, Defendant Ryan offered, encourages and condoned the group to consume alcohol and use illegal drugs; 16, Ryan offered for consumption, large quantities of alcohol to Philip, as such, allowed Philip to become intoxicated at the Heckendorn residence, COUNT I PHILIP WOlFE V. RYAN HECKENDORN 17, Paragraphs 1 through 16 are incorporated as if set forth fully herein, 1 B. Defendant Ryan had a duty to Philip to host a party in a reasonable and safe manner. 19, Defendant Ryan breached such duties by allowing alcohol to be offered for consumption and encouraging Philip to drink alcohol and consume a controlled substance. 20. Due to such actions, Plaintiff Philip suffered physical harm and continues to incur damages due to Ryan's action. - 3 - WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter judgement for Plaintiff against Defendant, for all damages incurred by Plaintiff, plus costs, attorneys fees and punitive damages, Such ,1mount is greater than the amount requiring compulsory arbitration. COUNT II PHILIP WOlFE V, DEBRA l. HECKENDORN 21. Paragraphs 1 through 16 are incorporated as if set forth fully herein. 22. Defendant Debra L. Heckendorn, as parent and guardian of Ryan Heckendorn owes a duty to insure that Ryan acts in a reasonable manner, By failing to control Ryan, Debra Heckendorn breached such duty, 23, Debra Heckendorn knew or reasonably should have known that Ryan had illegal parties at the residence located at 66 lonesome Road, Newville, Pennsylvania, offering among other things alcohol and controlled substance for other minors in the past. 24, Debra Heckendorn knew or reasonably should have known that Ryan possessed illegal drugs at the home and that Ryan had a propensity to use illegal drugs. Due to Debra Heckendorn breach of duty, Plaintiff suffered physical harm and continues to incur damages due to Debra Heckendorn's actions. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter judgement for Plaintiff against Defendant, for all damages incurred by Plaintiff, plus costs, .4. ~ !:. VERI FICA liON I, Martha Wolfe, parent and natural guardi,lI1 of Philip L. Wolfe, a minor, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa, C.S, Section 4904, relating to unsworn falsification to authorities. .:I ~./f 'I Date: !.:. I' /'/,' ./ / (~a,L, {/ ~-f/~ Martha Wolfe / - 6 - Pennsylvania 17241; 5, On january 10, 1997, the Defendant Ryan and other minor children hosted a drinking party at the Heckendorn residence located at 66 lonesome Road, Newville, Pennsylvania; 6, The purpose of such party was to consume alcohol <lIld become intoxicated; 7, At this time the Defendant Ryan had alcohol in the residence located at 66 lonesome Road, Newville, Pennsylvania to include but not limited to Wild Turkey and Vodka; 8. Defendant Ryan had oblained the alcohol at sometime prior to this party; 9, The home is owned by Kevin and Debra Heckendorn, Ihe minor's natural parents and guardians; 10. Prior to january 10,1 997, Defendant Ryan had hosted other drinking parties where alcohol and illegal drugs were available atlhe home located at 66 lonesome Road, Newville, Pennsylvania and was known to the Defendant's parents; 11. At or about 7: 15 p.m, Plaintiff Philip l. Wolfe arrived at the home of Ryan, Kevin and Debra Heckendorn; 12. Upon information and belief Kevin and Debra Heckendorn gave permission for Ryan to host the alcoholic beverage party on january 10, 1997 and other dates in 1996; 13. Prior to such date, January 10, 1997, Defendants Kevin and Debra Heckendorn had knowledge that Ryan had been hosting illegal drinking parties, consuming - 2 . alcohol and controlled substance at the home located at 66 Lonesome Road, Newville, Pennsylvania; 14, At or about 7: 15 p.m, on January 10, 1997 Philip and Brock Hanson and a girl only known as Amanda arrived at the Heckendorn residence located at 66 Lonesome Road, Newville, Pennsylvania. At that time Philip was sober and an invited guest at the Heckendorn home; 15, Defendant Ryan offered, encourages and condoned the group to consume alcohol and use illegal drugs; 16, Ryan offered for consumption, large quantities of alcohol to Philip, as such, allowed Philip to become intoxicated at the Heckendorn residence. COUNT I PHILIP WOLFE V. RYAN HECKENDORN 17. Paragraphs 1 through 16 are incorporated as if set forth fully herein, 18, Defendant Ryan had a duty to Philip to host a party in a reasonable and safe manner. 19, Defendant Ryan breached such duties by allowing alcohol to be offered for consumption and encouraging Philip to drink alcohol and consume a controlled substance, 20. Due to such actions, Plaintiff Philip suffered physical harm and continues to incur damages due to Ryan's action, - 3 - WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter judgement for Plaintiff against Defendant, for all damages incurred by Plaintiff, plus costs, attorneys fees and punitive damages, Such amount is greater than the amount requiring compulsory arbitration. COUNT II PHILIP WOLFE V. KEVIN and DEBRA HECKENDORN 21. Paragraphs 1 through 16 are incorporated as if set forth fully herein, 22, Defendants Kevin and Debra Heckendorn, as parents and guardians of Ryan Heckendorn owes a duty to insure that Ryan acts in a reasonable manner. By failing to control Ryan, Kevin and Debra Heckendorn breached such duty. 23, Kevin and Debra Heckendorn knew or reasonably should have known that Ryan had illegal parties at the residence located at 66 Lonesome Road, Newville, Pennsylvania, offering among other things alcohol and controlled substance for other minors in the past. 24. Kevin and Debra Heckendorn knew or reasonably should have known that Ryan possessed illegal drugs at the home and that Ryan had a propensity to use illegal drugs, Due to Kevin and Debra Heckendorn's breach of duty, Plaintiff suffered physical harm and continues to incur damages due to Kevin and Debra Heckendorn's actions, WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter judgement for Plaintiff against Defendant, for all damages incurred by Plaintiff, plus costs, - 4 - PHIL/I' L. WOLFE, II minor, by MARTHA B. WOLFE, his parentllnd naturlll gUllrdilln. in his own right, Plaintiffs IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 97-668 CIVIL TERM RYAN HECKENDORN, a minor. KEVIN HECKENDORN IInd DEBRA L. HECKENDORN, his pllrenls IInd gUllrdillns of RYAN HECKENDORN, Defendants NOTICE TO I'LEAD TO: Philip L. Wolfe and Martha B. Wolfe and Austin F. Grogan. Esquire. their lI11orney: You are hereby notified to file a wrillen response to the enclosed Preliminary Objections to Amended Complainl within twenly (20) days from service hereof or II jUdgmenl may be enlered against you, McNEES. WALLACE & NURICK 17108-1166 Allorneys for Defendants Dated: May 8, 1997 I'HlLlI' L. WOLFE, a minor, hy MART/fA B. WOLFE, his parcnt and natuml guurdiun, in his own righi, I'luinli"';; IN TIlE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY, I'ENNSYL VANIA v. NO. 97.668 CIVIL TERM RYAN HECKENDORN, uminor, KEVIN HECKENDORN and DEBRA L. HECKENDORN, his purcnts und guurdiuns of RYAN HECKENDORN, Dclendunts PRELIMINARY OB,IECTIONS TO AMENDED COMPLAINT I. I'luintiffs Amcnded Compluinl in Ihe ubove mUlier wus liled on or ubout April 8. 1997 und served on or ubout Muy 2, 1997. 2. The Amended Compluint ullcges that I'luintiff I'hilip L. Wolte, u minor, got drunk III the home of Delendunt Ryun Heckendorn, also u minor, and that Plaintiff "suffered physical harm and continucs 10 incur damages" thereby. 3, Plaintiff fails 10 expluin why voluntary intoxication constitutes "physical harm" or why temporary intoxication conslilutes either physical harm or ongoing damage; therefore, Ihe Amcnded Complaint fails to slale u claim upon which relicI' can be granted, inasmuch as it fails to set lorth any viablc avcrment of damuges. 4. In addition or in the alternalive. the Amended Complaint alleges that only Defendant Ryan Heckendorn, u minor, served alcohol to I'laintiff. a minor; as a matter of law, u minor who serves aleohollounother minor cannot be held liuble to the minor served, for , ' , 1 ~ _ ~ __ ...-, "" , . . :, - , . - \ ~ ~ .'4f'~ _ . .... ",- ~ }~~t.;:.~:h:~ ,,~ i. ~ '. ' ,', ,'.. ", " r.' ':,..... '. " .,. - ~.. .. ::~~~Wi}~.:~{:- < '~-' .--"."", -'. ~ "~~:- > :--~. ,;,' ~ . MCNEE., WALLACE. NURICK 100 "INK eTNll:T :.; , .:; ; ~ "~ ' ',i. ~~;~~ " ~~:,;~: P. O. .01 I". " HA,nU..U"G. "A 1710f '.:,.'.1- ",. 1 'y.: .J', PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typcwr-itten ilnd subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within rutter far- the next lu:"gurent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stilted in full) PHILIP L. WOLFE, a minor by MARTHA B. WOLFE, his parent and natural guardian in his awn right (Plaintiff) (' , .:.J ,', '. -' 'II - I r " C~ " J ...1 ','-, , . :_~l .. , , ., ,tl" I " I (., ". vs. RYAN HECKENDORN, a minor, KEVIN and DEBRA L. HECKENDORN, his parents and guardians of RYAN HECKENDORN (Defendant) No. 668 Civil 1997 1. State matter to be argued (i.e., plaintiff's rrction far new trial. defendant's demurrer to complaint. etc.): Preliminary Objections to Amended Complaint 2. Identify counsel who will argue case: (a) far plaintiff: Address: Austin F. Grogan, 24 North 32nd Street, Camp Hill, PA 17011 (b) for defendant: Address: Debra P. Fourlas of McNees, Wallace & Nurick, P.O. Box 1166, Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argurent. 4. Argunent Court Date: 6/25/97 [Bted: 5/22/97 " ~I., Attorney far Defendants ".,/ , ....- // /" / l~ .l~"""'''--''''