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Home My WebLink About00-07549 _,.,~ '~k _I.~~ LI; " '.,[ -,-'. ,,^ '", " ~,'-, ~;Ji ~t!Y~rM'- . f JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. S. :lOM b-() - 7 S'I 9 Ct:ni T.t..- GREAT WALL CillNESE RESTAURANT Defendants CIVIL ACTION-LAW o C) c. ...,~~" 9_~ n-Cl~' - '-) -" :,.,_ ;;-:: :';:! "'-~ . . -: ;:--. NOTICE TO DEFEND ~,~ '.:/ '-'--;0-',,__' .," ,---" YOU HAVE BEEN SUED IN COURT. If you wish to defend against t1ie~ai~) set forth in the following pages, you must take action within twenty (20) days afteiihis ::J. _~ Complaint and Notice have been served, by entering a written appearance personaIfy or'-' ~; by an 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 erttered against you by the Court without further notice for any money claimed in the COmplaint or for any other claim or relief requested. You may lose property or other rights important to you. YOU SHOULD TAKE TillS 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 Lawyer Referral Court Administrator Cumberland County Courthouse Carlisle, Pa. 17013 (717) 240-6200 ~ ..~ _...1", -,I I:....., '. ~_ _ ,"",", "''''" ___~.,~---,k'_,,-'''"._' - \<, lifj,', . f JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA vs. No. S ~ 6-0, 70'/9 ~'h- GREA T WALL CillNESE RESTAURANT Defendant CIVIL ACTION-LAW COMPLAINT AND NOW, comes the Plaintiff Jarrette Taylor, by and through her attorney, Robert A. Berry, Esq. and files this Complaint against the Defendant, Great Wall Chinese Restaurant and in support thereof states as follows: 1. Plaintiff, Jarrette Taylor, is an adult individual residing at 207 Conodoguinet Avenue, Apartment 2, Camp Hill, Cumberland County. Pennsylvania. 2. Defendant, Great Wall Chinese Restaurant, is a business operating and doing business at 6520 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania. 3. On November 4, 1998 at about 1:38 p. m. EST Plaintiff walked into Defendant's Camp Hill location to retrieve a take out order. 4. On November 4, 1998 Plaintiff was lawfully on the Defendant's premises. 5. On the aforesaid date, Defendant by its agents, servant, workman or employee, in furtherance of its interests in the business, was in the process of serving food buffet style. 6. On the aforesaid date and time, Defendant by its agent, servant, workman or employee directed Plaintiff to the buffet as Defendant had negligently -~'~ ~ 1;',:1 " " :-t--,,-, '-- .. ~ - - ,l -', ___"', "'__"'~ ,j\;li:'" . , failed to prepare Plaintiffs take out order. 7. On the aforesaid date and time, the floors ofthe Defendant's premises around the buffet had accumulated food which were permitted to remain in a slippery and dangerous condition, of which condition Defendant had or should have had, proper notice. 8. On the aforesaid date and time the Plaintiff was directed to approach the buffet area as Defendant did not have her take out order prepared. 9. On the aforesaid date and time Plaintiff while in the act of traversing to the buffet area, as directed, could not avoid the accumulation of food, causing her to slip and fall to the floor, sustaining injuries as more fully set forth hereinafter. 10. The negligence of the Defendant consisted of: (a) Failing to maintain the premises in a manner, which was safe for the patrons of the premises; (b) Failing to warn the Plaintiff of a hazardous condition of which Defendant knew, or by the exercise of reasonable care, should have known; (c) Failing to exercise due and reasonable care to protect the Plaintiff against a dangerous and hazardous condition known to or by the exercise of reasonable care, discoverable by the Defendant; (d) Failing to prepare the take out order called in to the Defendant's restaurant prior to Plaintiffs arrival at the premises; (e) Otherwise failing to act with due care to protect Plaintiff and all ,"".....~~ .~~ r , . ~..il> '.,', ,-," ,'d' -' I.;",;u. other lawful patrons. II. Solely by reason of the negligence and carelessness of the Defendant, its agent, servant, workman or employee, Plaintiff suffered injuries to her left shoulder, neck and right hand and to the nerves, tendons and tissues thereof, more specifically, without limitation, a cervical musculoligamentous sprain, lumbo sacral sprain, post traumatic headache and a sprain of the wrist. 12. As a result of the foregoing injury sustained sole as a direct result of Defendant's negligence, Plaintiff has suffered and will continue to suffer indefinitely, pain, discomfort and inconvenience. 13. As a result of the foregoing injury sustained solely as a direct result of Defendant's negligence, Plaintiff has suffered and will continue to suffer mental pain and anguish attendant to the trauma of the incident and the subsequent medical or therapeutic treatment and the diminished quality of life. 14. The Plaintiffs injuries have prevented and will indefmitely prevent her from the pursuit of various activities she previously enjoyed, depriving her of a significant part of her enjoyment of the quality oflife. WHEREFORE, Plaintiff, Jarrette Taylor, demands judgment against the Defendant in an amount in excess of Twenty Thousand Dollars ($20,000.00), together with the cost of snit and attorney fees, said amount not being in excess of ~'., C'_'';''I "..i.'. < , ," '^ "'~~ '.'-"1:; ....."..... j ,. - ,. ( the threshold amount for compulsory arbitration. Respectfully submitted, ROBERT A BERRY, ESQ. P. O. Box 929 Harrisburg, Pa. 17108-0929 #39197 RABerrv99@iuno,com (717) 232-6768 Attorney for Plaintiff .1 -- ...._.;.,_ ~'liIlill ;..g,a" ...1)-", _" 'I I, , VERIFICATION I 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 the statements made herein are subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. .'~ .. -- -'" -'-'--' - "~ .,;"" ~ .l:, .~., ''''''''''''~~~~~~li",~!j~;r"....M.<1i~~-f1''!fjjMU;lUil l,' r~ ~ ~ \oJ ... c ..J ~ >,~ "W :.-...:.0. '~ ~ 'i_""""'>-O<<"'"~-"<'o~,'1.-,' C'l ~;; l::; f~:_; rJ;l i2' L_,-' ::;"-0")' c./) ,~:" -< ~c> -..:.",j~_.' ~-r- Z :;;! ~~.:) C.i :::::J :--j --1 ~1 (): ~'I , , ,_. ~'n '-1_~ ."-;"('") ;_~-- -:-i i" '1 ~~J :).~ -<. c..) :::> '::J - -,I ~ ~ ~ .. ~ 4 -c; ~ ~ <> d ~ ~ ~ ~ . . '~. ~ ~ 11 -~, .J" ~.,;"" SHERIFF'S RETURN - REGULAR CASE NO: 2000-07549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR JARRETTE VS GREAT WALL CHINESE RESTAURANT WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GREAT WALL CHINESE RESTAURANT the DEFENDANT , at 0010:25 HOURS, on the 2nd day of November, 2000 at 3608 MARKET ST CAMP HILL, PA 17011 by handing to MEIKE WIJAYA (PART OWNER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: ~~~~) R. Thomas Kline 11/06/2000 ROBERT A. BERRY me this )ltL-- day of By, ~_~ < I _ eputy ri f Sworn and Subscribed to before tL......".Ju., J-gv{) A.D. (~'fj'--- a Yvt,gfl,~ ~ , rothonotary , "'- Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg,PA 17108-1268 (717) 234-4161 Attorney LD. #32085 JARRETTE TAYLOR plaintiff v. GREAT WALL CHINESE RESTAURANT Defendants Y<--"-"-,,,,,' --.-',", ~' '. Atturney fin' Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-7549 Civil Term CIVIL ACTION-LAW :,:fi~~mEFOR~y\fjE!RPR.R&~EI ".".,..,..,. ,. ,-,-.,-.,-'.'-'.-,.,-,-.-,....-,.,-,....-,'.,.,-.',....-,..'.-,.,.-,..-..,'.-,-,'.-,-.-.-,-.-.-.-.'..,'.'.....-...'.'...'.....'.....................'.....'.....'.....'.....',....',..............,....'.'.........'.....'.....'......................'......,....',.............'..,..'..,'....,........,..'..,..w.',.....,..'... TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ..........H.,..'....,..,.....,,"',....,..........,' ...,.............,....................,.....,... .,..,.............,..........,..,.....,..,..,..... ...,.....,..........,..,.............,.....,......, ....,..,.,',.',...,......,.....,....',...,.'...'.....'.-.....-...',....'.-...',..'.-,-.'.'.....-.-.'.',., .................,................,........... ....,...,.........."',,,..........,..,-.--....-,. ..,..,.,.,..,........,..,..,..,........,.... ......,.....--.......,.--....".,----.,-...., .............,..'......"................."..,. '....'..'......"...,....,...,'.."...,..'..,.....,'....,'.',....... ',....,...',..'.-.."..-.'..'.-.-.'.-...'N.'.-..--- Please enter the appearance of Thomas E. Brenner, Esquire, of Goldberg, Katzman & Shipman, P .C. as CO\UlSel on behalf of Defendants Great Wall Chinese Restaurant Res~ ubmitted, Date: uh 1{~ \ By: 55035.1 Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. #32085 Attorney fOr Defendants Great Wall Chinese Restaurant .,-. ~~ ol_~ '-'-- . -- ~- ^ ,; ~" <-~ - ~ < - ---,~;, "'" ,- - mi(: - CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert Berry, Esquire P.O. Box 929 Harrisburg, PA 17108-0929 G TZMAN & SHIPMAN, P.C -'-~ Date: II { 1"/00 renner, Esquire Attorney for Defendants O~. "'^,;;.-' "\', ,., ~,'''' "", -,,'-"~-'-< ,. .111I. I iii "'"--",~,,;..-, '--' .,^,' -.,,' -il'"'' >C_ "" ' ~,,_ _,<c--.:~_, __,',7, ,__ --,:"', ',;.' 0- .-",,- , ._, " .- ~ I ~' c.... r.::) , ~ ;'~'j ~-; C:'J .- ~--., --U r'~- ,- Qj ;-'; /,~-- ~/- >'_J (J' - -<.'- - \.:. , " .. !, ' 'i-:" C " y C-.- \.0 -- , ..:.-.- ::::;-1 :< r ~' ,- ~rJ --<: - " " --., ~~ t , I' '-"""_CF"= '.',-"'. : -,",.-,,-; "-1 ",-..p--, >_",~__ ~ ' '. '" ~:'r--' _'. = __,""'_,,,,- , .. ,'J:-.~! Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawbeny Square, P.O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney J.D. #32085 Attorney for Defendants JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-7549 Civil Term GREAT WALL CillNESE RESTAURANT Defendant CIVIL ACTION-LAW NOTICE TO PLEAD To: Plaintiff and her counsel, Robert Berry, Esquire P.O. Box 929 , Harrisburg, P A 17108-0929 You are hereby notified to plead to the within New Matter of Defendant within twenty (20) days of receipt hereof GOLDBERG, KATZMAN & SHIPMAN, P.c. Dated: # t/ By , Thomas E. Brenner, Esquire I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Defendant .. . ~ "'--'''-'' ~'.' -<I ,-~ ''" '~',' ' , ','",--,-,",- '" - ~ Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawbeny Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney I.D. #32085 Attorney for Defendant JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-7549 Civil Term GREAT WALL CillNESE RESTAURANT Defendant CIVIL ACTION-LAW ANSWER WITH NEW MATTER AND NOW, comes the Defendant, by its attorneys, Goldberg, Katzman & Shipman, P. C. who state: 1. Admitted. 2. Denied as stated. The Great Wall Chinese Restaurant is a fictitious name for a restaurant owned by Wijaya LLC. The business address for the restaurant is 3608 Market Street, Hampden Township, Cumberland County, Pennsylvania. 3. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029 (e). 4. Admitted. 5. Admitted. 6. Denied. It is denied that the Defendant was negligent with regard to processing an order prior to Ms. Taylor's fall. 7. Denied. Defendant has no knowledge of any food on the floor in the area of the buffet. .' , ~'~. -'.-iol~"-~,',,,_"I",,"'~~"" -:--,'_:';;'___"_ C'.~ ,,- O'-iH 8. Denied as stated. It is admitted that Plaintiff was referred to the buffet. 9. Denied. This paragraph is denied pursuant to Pa.RC.P. 1029 (e). 10. Denied. This paragraph is denied pursuant to Pa.RC.P. 1029 (e). Subparagraph 1 O( e), as a general averment of negligence, has been stricken pursuant to a Stipulation of Counsel. 11. Denied. It is specifically denied that Defendant was negligent or careless. The remainder of the paragraph is denied pursuant to P\l.RC.P. 1029 (e). 12_ Denied. It is specifically denied tHat Defendant was negligent or careless. The remainder of the paragraph is denied pursuant to Pa.RC.P. 1029 (e). 13. Denied, It is specifically denied that Defendant was negligent or careless. The remainder of the paragraph is denied pursuant to PaR C.P. 1 029 (e). 14. Denied. This paragraph is denied pursuant to Pa.RC.P. 1029 (e). NEW MATTER 15. Plaintiff's lnJunes, if any, arose from her c@mparative negligence under the circumstances. 16. Plaintiff's injuries, if any, arose under assumption of risk under the circumstances. 17. Plaintiff's injuries, if any, arose from events unrelated to the Great Wall Chinese Restaurant. ..", .,__. '0 ,,_ _ "', " ,,^k ':',';' ~"~ " '.l'. '^ ,1.;1,,_ '. ~<', WHEREFORE, Defendant Great Wall Chinese Restaurant requests that the Plaintiff's Complaint be dismissed with prejudice. Date: -H- By: 55697.1 ~ Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney LD. #32085 Attorney for Defendant Great Wall Chinese Restaurant r.,_~,_~ " ,--~ ,. ".",-,..,,- '_I'.. ""~ ,,- "",~ """"'"~" ~ - ~ s. '''wi;.;;,,-"''';,. VERIFICATION I, ME-lkL WlJA'(A , hereby acknowledge that Great Wall Chinese Restaurant is a Defendant in this action and that I am authorized to make this verification on its behalf; that 1 have read the foregoing document, that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. c.s. S 4904, relating to unsworn falsification to authorities. ~~~it Name: \If\.nt<.r W\.\f\'fA Title: be..,; \ ~~M,:~t,r Date: 0[- \1- 0\ ,-, . ,..' '"'y' ,",;.,", h. .,"'1 l-~ -",--,' ,'-d' ~,-..".,-,- . ' ,-- "_''''''ff;' , ~ . liilK. CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person( s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Robert Berry, Esquire P.O. Box 929 Harrisburg, PA 17108-0929 GOLD TZMAN & SHIPMAN, P.C BY: Date: (!~31f) I Thomas E. renner, Esquire Attorney for Defendant .-, I^~" --'~I---'--" -"---~ ,.~"-,.,, -- .,-,^.,~" .'y~-~-,""-,--,,, ,_F,'>,' 'k- tb Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SIDPMAN, P.C. 320 Market Street, Strawbeny Square, P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney l.D. #32085 Attom<ry for Defendant JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAIiID COUNTY, PENNSYL V ANlA v. No. 00-7549 Civil Term GREAT WALL CillNESE RESTAURANT Defendant CIVIL ACTION-LAW STIPULATION , AND NOW, come the parties, by their attorneys who st~te: 1, Paragraph 10 (e) of the Complaint sets forth an liverment of general negligence and the parties agree to delete same from the Compl~t consistent: with the decision of our Supreme Court in Connor v, AlIelilienv General Hospital. 5011 Pa. 306, 4151 A.2d 600 (1983). GOLDBERG, KATZMAN & SHIPMAN, P.C BY~ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant By: Robert A. Berry, Esquire Attorney lD. No. 39197 P.O. Box 929 Harrisburg, PA 17108-0929 (717) 232-6768 Attorneys for Plaintiff Date: 1[;&/01 55954.1 ..-'d ;'-r. -, "-1r'~~ .. " "< ~ ,~ ;-., ~. ,,'~ ~ " iiJiifn " ~ '"--"" ,,~,-" v ,"~ o^~' _, '~,' <:) ~ -oCJ:! OJ [)J 2:c~:_ ~~~:~" C::C 3>''-1 -7,~, 5'-' C z =< ., ",0 .,~ Q ~-~ ;::';<:.r.o :;J;; w (;:) --0 '-',.-, , ",~ :.:~~ r"~, _,; 6~ .-l ?J:.i -< ~.J;:;~ - ., VI '0 , ,- ~, d " , I JARRETTE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. No. 00-7549 Civil Term GREAT WAll CillNESE RESTAURANT, CIVIL ACTION-LAW ANSWER TO NEW MATTER AND NOW, comes the Plaintiff by and through her attorney Robert A. Berry Esquire ands files this Answer To Defendant's New matter and in support thereof states as follows: 15. Denied. It is specifically denied that Plaintiff was negligent. 16. Denied. It is specifically denied that Plaintiff assumed the risk in placing a take out order, with no intention of approaching the buffet on the date in question. 17. Denied. It is specifically denied that the injuries suffered are unrelated to the slip and fall which occurred at the Great Wall Chinese Restaurant. Wherefore, Plaintiff demands judgment against the Defendant in an amount in excess ofTen Thousand Dollars ($10,000.00) together with the costs of suit and attorney fees, said amount not being in excess of the threshold amount for compulsory arbitration. .-]~-! o :~J d 1..0.. ~ 1;- '~""""","~;Mn:.. . Date: 2-9-00 Respectfully submitt~, ~-~ , P. O. Box 929 , Harrisburg, Pa. 171 0~-0929 (717) 232-6768 #39197 Attorney For Plaintiff RABerry99@juno.~ Ji!l~ ~~. " ) :..; ~ .~ -. , -;,. 41;iJ VERIFI~ATION I, Robert A. Berry, Esquire, attorney for Plaintiff, Jarrette Taylor do hereby certify that the facts stated in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief as those facts were related to me by the Plaintiff. I understand that any false statements herein are made subject to the penalties of 18 Pa. C. S. A. ~ 4904, relating to unsworn falsification to authorities. Robert A. Berry, Esq. P. O. Box 929 Harrisburg, Pa. 17108-0929 (717) 232-6768 #39197 RABerry99@juno.com Attorney For Appellant ~L I ~~~';;ii CERTIFICATE OF SERVICE I, Robert A. Berry, Esquire, do hereby certifY that I served a true and correct copy of Plaintiff's Answer to New Matter on February B, 2001by depositing a copy of same in the United States mail, priority mail, postage pre-paid, at Los Angeles, California and addressed as follows: Thomas E. Brenner, Esquire Goldberg, Katzman, & Shipman 320 Market Street P. O. Box 1268 Harrisburg, Pa. 171 08-1268 Robert A. Berry, Esq. P. O. Box 929 Harrisburg, Pa. 17108-0929 (717) 232-6768 #39197 RABerry99@juno.com Attorney For Appellant , ' _r m-ifJ:ilJ~k-" ~~j~$~MWl",!i\"."1tlilir,;'t&m~.I~~,m;,,<>'i:;""'''';;;~~i!J;'\<''''Jik.fBi::J!~'~~i~l[i_...~~"~-^ _".h "^. "~,_< ~~ ,'~ ,'h'"_" '.,' ",",__ " ,'--"-, - >..d.-. <. -,"" ""'"~ . .'r_', ,~ l-~::;1,;..-!i!llillO~j-~ ~-'..L~'.'!iillilLLti "....... "" ~ ~ (::,i l! -" ;2: ,-'i .._~ nl Z :J=' 2..: .. j'i ~.' (-C' ." j{L; r;: l~:_ >,..~ -:J ~:~~ ~j~ ~2 ]'-,) 0 ~-n Z -~'i =< UJ 5.; .C:- -< -,~" . .,----. . -I ~-,. ~'. ",''''''.'~','",''-'",~'~ "'~--"-",.",-,~,,, ,-"'~;'--",,,,_, '-"~,'--, ''''~~L.; ~ -.,.. "" Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. #32085 Attorney for Defendants JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 00-7549 Civil Term GREAT WALL CillNESE RESTAURANT Defendants CIVIL ACTION-LAW PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and Discontinued. Respectfully submitted, Date: 10-1. 'Z> --Or By: Robert Berry, Esquire ,,"-~ " ~. '" ,0;,-"" .. ,'~. "li;("'d' . iillliilll1dl' <<".~ ~, ,- ,'"" ... """ ,-, ~. ',<- ,. (") C C~J C 'j s: (-:':) -om ~ , - ~ C Olf1'l .--4 7"T'1 #"---... t"V " . " 7;- , S'l ~.~':. P0 ,- -.~;'2 ::;::c: r'D ~ - " j:>c' -.-:'_ -r~ ~,':J.. .'-,";:~) ?-t5 :::- ;:jrn Pc ..,A -? ""', ::::, JJ -< c:> -< . ~'.- f, _i.'~~ I.., 1- _ . ,. , ~. OCT 09 '01 01'llPM G.K.5.,P.C. P.3 .. --- Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHlPlVIAN, P,C. 320 Markct Street, Strawbmy Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 Attorney 1.0. #32085 Attorney for D.jialldtmfB JARRETTE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. No. 00..7549 Civil Term GREAT WALL CHINESE RESTAURA1'lT Defendants CIVIL ACTION-LAW RELEASE K~OW ALL MEN BY THl!:SE PRESENTS: That I, Jarrette Fudd-Taylor, for the sole consideration of Twenty-seven Thousand ($2,700,00) Dollars, to me in hand paid by Great Wall Chinese Restaurant and Erie Insurance Exchange, (hereinafter" p AYERS"), the receipt whereofis hereby acknowledged, have released and discharged, and by these presents do for myself, my heirs, executors, administrators, and assigns release and forever discharge the said Payers, their insurers and all other persons, finns and oorporll.tions, both known and unknown, of and from any and all claims, demands, damages, actions, causes of action, or suits at law or in equity, ofwhatsQever kind or nature, for or because ohny matter or thing done, omitted or suffered to be done by anyone prior to and including the date hereof on account of all injuries to person and/or property re3ulting, or to result,from an I' "I 1-,- "'''~\i'""t,,_! ~ .... OCT 09 '01 01:12PM G.K.5.,P.C. , ..p:;r'-...------.. >., ---... accident which occurred on pr about the 4'" day of November, 1998, at the Great Wall Chinese Restaurant in Pennsylvania, 1 understand that said Payers, by reason of agreeing to this compromise payment, neither admit nor deny liability of any sort and said Payers have made no agreement or promise to do or omit to do any act or thing not berein set forth. 1 further understand that this Release is made as a compromise to avoid expense and to terminate all controversy and/or claims for injuries or damllges of whatsoever nature, known or unknown, including future developments thereof, in any way growing out of or connected with said Bccident. I admit that no representation offact or opinion has been made by the said Payers or anyone on their behalf to induce this compromise with respect to the extent, nature or permanency of the injuries or as to the likelihood offuture complications or recovery therefrom and that the .wn paid has been paid solely by way of compromise of a disputed claim and that in determining said sum there has been taken into consideration the fact that serious or unexpected eonsequences might result from the present injuries and/or damages, known or unknown, from said incident and it is therefore specifically agreed that this Release shall be a COMPLETE BAR to all claims or suits for injuries or damages of whatsoever nature resulting or to result from said incident IN WITNESS WHEREOF, we have hereunto set our hands this~day of O~I~ .2001.