HomeMy WebLinkAbout01-2992 FX
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. ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC"
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 01-2992 Civil Term
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 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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone (717) 249-6166
~HENNING /
DATE: wltYfv
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Attorneys for Plaintiff
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EMH/complaints/intentional tortlhykes.wpd
ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO, 01-2992 Civil Term
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Angela Hykes, by and through her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and makes
this Complaint against the Defendants, Williams Grove Amusement, Inc. and Williams
Grove, Inc., d/b/a Williams Grove Amusement Park, as follows:
1. Plaintiff, Angela Hykes, is an adult individual who resides at 200 North
Locust Street, Shiremanstown, Cumberland County, PA 17011.
2. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park are corporations organized and existing under
the laws of Pennsylvania and have their registered address at One Park Avenue,
Mechanicsburg, Cumberland County, PA 17055.
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3. At all times material hereto, Defendants, Williams Grove Amusement, Inc.
and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, acted or failed to act
through their agents, servants and/or employees, acting for, or on behalf of, Defendants
under Defendants' control, and within the course and scope of their authority and/or
employment with Defendants.
4. At all times material hereto, Defendants, Williams Grove Amusement,
Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, owned and
operated an amusement park under the name of Williams Grove Amusement Park,
located at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055.
5. On or about August 7, 1999, Plaintiff, who was 15 years old at the time,
reported to work at Williams Grove Amusement Park. Plaintiff was instructed by the
office to get a cash box and report to the ticket window to sell tickets.
6. While working her shift, Plaintiff, Angela Hykes, was instructed to do
conflicting tasks by Mr. and Mrs. Hughes, the owners of Williams Grove Amusement
Park.
7. During her shift, Plaintiff, Angela Hykes, was relieved by Nicole, another
employee of Williams Grove, so Angela could take a break. Plaintiff informed Nicole
that she was quitting.
8. While the Plaintiff, Angela Hykes, was walking to the pay phone to call
her mother to pick her up, two employees of Williams Grove Amusement Park
approached Plaintiff and indicated that they heard she was quitting.
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9. Defendants' employees instructed Plaintiff, Angela Hykes, that she had
to come to the office and have the monies in the cash box assigned to her counted
before she could leave.
10. Plaintiff, Angela Hykes, was taken to the office while an employee of
Defendants went to retrieve her cash box at the ticket window.
11. The cash boxes are kept in a drawer at the ticket window, where any
employee has access to them.
12. Employee(s) of the Defendants took the cash box back to the office. The
employees then took the cash box into another room at the office to count the money
out of sight of Plaintiff, Angela Hykes. Plaintiff, Angela Hykes, was then informed that a
sum of money was missing from the cash box.
13. Plaintiff, Angela Hykes, told Defendants' employees that she did not take
the money.
14. Plaintiff, Angela Hykes, was then placed in a room in the office area. The
employees told Ms. Hykes to stay in the room and not come out. The door was closed.
15. Plaintiff, Angela Hykes, was accused several times that she took the
money and the Police were going to be called. She was required to remain in the room
and was told to sit and think about what she had allegedly done.
16. After Plaintiff, Angela Hykes, was in the room for approximately 30 to
60 minutes, Defendants' owner, Mrs. Hughes, instructed two female employees to enter
the room and search Plaintiff Angela Hykes' person and possessions.
17. Defendants' female employees first searched Plaintiff, Angela Hykes',
backpack.
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18. Next, Defendants's female employees strip-searched Plaintiff, Angela
Hykes, requiring Plaintiff to remove her pants, blouse, and bra and remain unclothed
while they searched her articles of clothing.
19. Plaintiff, Angel Hykes, stayed in the office for a total of approximately one
to two hours and, possibly, as long as three hours. She sat and cried. She did not try
to leave because she was scared. She could not call her parents because no
telephones were available.
20. As a direct and proximate result of the actions of the Defendants,
Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, the Plaintiff, Angela Hykes, sustained injuries and indignities as set
forth more specifically below.
COUNT I - Respondeat Superior
21. Paragraphs 1-20 are incorporated herein as if set forth at length.
22. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park, Inc., are vicariously liable for the intentional
and/or negligent acts or omissions of their agents, servants and/or employees, pursuant
to the Doctrine of Respondeat Superior.
23. The occurrence of the aforementioned incident and the resulting injuries
to the Plaintiff, Angela Hykes, were caused directly and proximately by the negligence
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of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., in the following particulars:
(a) In failing to have policies and procedures in effect instructing employees
how to deal with suspected employee theft.
(b) In failing to properly hire and train its employees in how to deal with
suspected employee theft;
(c) In failing to have policies and procedures in effect against falsely
imprisoning minor employees;
(d) In failing to have policies and procedures in effect against strip-searching
minor employees.
24. As a direct and proximate result of the negligence and/or intentional acts
of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes, suffered severe
emotional distress, pain, anguish, humiliation and embarrassment and various physical
injuries resulting from the false imprisonment, emotional distress and assault and
battery .
25. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
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26. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes has suffered
discomfort and mental anguish, and will continue to endure the same for an indefinite
period of time in the future, to her great physical, emotional, and financial detriment and
loss.
27. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT II - False Imorisonment
28. Paragraphs 1-27 are incorporated herein as if set forth at length.
29. At the same time and place, employees of the Defendants falsely, publicly,
and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the
cash box.
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30. At such time, the Defendants' female employees by and through the
direction of the Defendant, forcibly seized, held and detained Plaintiff, Angela Hykes,
against her will and consent by:
(a) falsely and maliciously detaining and imprisoning the
Plaintiff for several hours by placing her in a room,
closing the door, telling her she could not leave, and
threatening to call the Police;
(b) compelling the Plaintiff to submit to a search of her
possessions by Defendants' female employees; and
(c) compelling the Plaintiff to submit to a strip-search by
Defendants' female employees before she could leave.
31. Plaintiff, Angela Hykes, did not steal any money from the cash box
assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendants'
employee(s) and requested to be released.
32. Plaintiffs mother was advised several days later by Defendants' owner,
Mrs. Hughes, that the money had actually been stolen by another employee and was
subsequently returned by that employee.
33. Defendants' employees refused to release Plaintiff, Angela Hykes, but
continued their forcible seizure, holding and detaining Plaintiff and threatening her with
prosecution for the alleged theft of money from the cash box. They did not allow her to
contact her parents or anyone else for assistance.
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34. Defendants' employees acted in the aforementioned manner without any
reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes, which is
contrary to the laws of the Commonwealth of Pennsylvania.
35. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
36. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
37. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
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COUNT In - Nealiaent Infliction of Emotional Distress
38. Paragraphs 1-37 are incorporated herein as if set forth at length.
39. The statements made by the Defendants were false, in so far as they
related to Plaintiff, Angela Hykes. First, she did not steal the money from the cash box
assigned to her. Second, she has never committed any crimes. Third, she has at all
times complied with the law.
40. As a direct and proximate result of the conduct of the Defendants, the
Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to
her great financial loss and damage.
41. As a direct and proximate result of the conduct of the Defendants, the
Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation
and embarrassment and various physical injuries resulting from the emotional distress.
42. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
43. As a direct and proximate result of the actions of the Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will
9
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continue to endure the same for an indefinite period of time in the future, to her great
physical, emotional. and financial detriment and loss.
44. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT IV - Intentional Infliction of Emotional Distress
45. Paragraphs 1-44 are incorporated herein as if set forth at length.
46. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park, by and through its agents, employees, and
representatives, intentionally and/or recklessly caused Plaintiff's severe emotional
distress by Defendants' extreme and outrageous conduct.
47. As a direct and proximate result of the conduct of the Defendants, by and
through its agents, employees and representatives, the Plaintiff, Angela Hykes,
suffered severe emotional distress, pain, anguish, humiliation and embarrassment and
various physical injuries resulting from the emotional distress.
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48. As a direct and proximate result of the conduct of the Defendants the
,
Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to
her great financial loss and damage.
49. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
50. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will
continue to endure the same for an indefinite period of time in the future, to her great
physical, emotional, and financial detriment and loss.
51. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
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COUNT V - Assault and Battery
52. Paragraphs 1-51 are incorporated herein as if set forth at length.
53. Employees of Defendants assaulted and battered the Plaintiff, Angela
Hykes, by strip-searching her.
54. As a direct and proximate result of the conduct of the Defendants, the
Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation
and embarrassment and various physical injuries resulting form the emotional distress.
55. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
56. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
57. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
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WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT VI - Gross Nealiaence/Outraaeous Conduct
58. Plaintiff incorporates and makes part of this Complaint paragraphs 1-57,
as if set forth at length.
59. The actions of Defendants, Williams Grove Amusement, Inc. and Williams
Grove, Inc., d/b/a Williams Grove Amusement Park, were outrageous and grossly
negligent, generally, and more specifically, as described below:
(a) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, falsely and
maliciously detaining and imprisoning Plaintiff;
(b) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's
possessions;
(c) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to
submit to strip-search; and,
(d) In otherwise acting with reckless indifference to the rights and safety of
Plaintiff, Angela Hykes.
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60, As a direct and proximate result of the conduct of the Defendants, the
Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation
and embarrassment and various physical injuries resulting from the emotional distress.
61. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
62. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
63. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
64. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are
permanent in nature.
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WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive
damages from Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand
and 00/100 dollars ($25,000.00).
Respectfully Submitted,
Date: ~ /1 fv
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VERI FICA TION
The undersigned hereby verifies that the statements in the foregoing
COMPLAINT are based upon information which has been furnished to counsel by me
and information which has been gathered by counsel in the preparation of this lawsuit.
The language of the above-named COMPLAINT is of counsel and not my own. I have
read the COMPLAINT and to the extent that it is based upon information which I have
given to counsel, it is true and correct to the best of my knowledge, information and
belief. To the extent that the contents of the COMPLAINT is that of counsel, I have
relied upon my counsel in making this verification. The undersigned also understands
that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d)
C.S. Section 4904, relating to unsworn falsification to authorities.
Date:
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on
the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,d/b/a
Williams Grove Amusement Park, by sending a copy of the same to them by United
States Mail, Certified mail, return receipt requested, in Harrisburg, Pennsylvania on
June 14, 2002.
By
re ory . ea her, Esq.
orney 1.0. #79456
P.O. Box 60337
Harrisburg, PA 17106
(717) 238-2000
DATE:
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ANGELA HYKES, a minor, by
and through her natural parent and
guardian, ALBERT HYKES
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 0 1- .;L 99~ Co:L ~Y.L
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue the Writ of Summons against the following Defendants and have the Sheriff
of Cumberland County serve the Writ:
o Williams Grove Amusement Inc.
1 Park Avenue
Mechanicsburg, P A 17055
Respectfully submitted,
Date: s- -{ tp-D(
reg M.
S me Court ID No. 79456
1300 Linglestown Road
P.O. Box 1177
Harrisburg, PAl 711 0-11 77
(717) 238-2000
Attorney for Plaintiffs
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Commonwealth of Pennsylvania
County of Cumberland
ANGELA HYKES, a minor by
and through her natural parent and
guaIdian, ALBERT HYKES
VS.
WILLIAMS GROVE AMUSEMENT, INC.,
.and WILLIAMS GROVE, INC. d/b/a
WILLIAMS GROVE AMUSEMENT PARK
1 Park Avenue
Mechanicsburg, PA 17055
Court of Common Pleas
No.
01-2992 Civil Term
19____
Civil Action - Law
In _____________________________________________
To _~J__J,.~~_~~~_~~~_~tL_J;.I.!c:~J__~~LWilliam Grove, Inc. d/b/a Williams Grove
Amusement Park
You are hereby notified tha t
Angela Hykes, a minor, by and through her natural parent and guaIdian, Albert Hykes
--------------------------------------------------------------------------------------------------
the Plaintiff haS commenced an action in ________~:!:'!'~J:._~c:!_:i,,~f!_~__J;.~~__________________u_______
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
.___________~!_:i,,~_~:__~~9_____________________
Prothonotary'
Ilate _____~y__~~~_~~_~~__________ 19____
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02992 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HYKES ANGELA ET AL
VS
WILLIAMS GROVE AMUSEMENT INC
CPL MICK BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
WILLIAMS GROVE AMUNSEMENT INC
the
DEFENDANT
, at 0840:00 HOURS, on the 23rd day of May
, 2001
at 1 PARK AVENUE
MECHANICSBURG, PA 17055
by handing to
MORGAN HUGHES OWNER
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
5.58
.00
10.00
.00
33.58
So Answ;:;;, /./
~~~"<-r'~t
R. Thomas Kline
me this ?JoG
day of
OS/24/2001
RANDLER HENNING & ROS~.RG
BY:~.
Deputy erif
Sworn and Subscribed to before
It.t~ . ~I
(it, 0 /2",1), ~~
r thonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02992 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HYKES ANGELA ET AL
VS
WILLIAMS GROVE AMUSEMENT INC
CPL MICK BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
WILLIAMS GROVE INC
the
DEFENDANT
, at 0840:00 HOURS, on the 23rd day of May
2001
at 1 PARK AVENUE
MECHANICSBURG, PA 17055
by handing to
MORGAN HUGHES
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10,00
.00
16.00
So Answers:
r~.~r-.~~f
R. Thomas Kline
OS/24/2001
HANDLER HENNING &
Sworn and Subscribed to before By:
me this
a::>
~o -
day of
~ cJ4.o1 A.D.
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Prothonotary I
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Tf"llJE COpy FROM RECORD
I'..limlmy wl1el'eof. lliefe unto Slltmy hand
t'!".. ,Ill ~ If said Court at. Carlkllll. PI.
'- ""~~~pof~:;y ~
Commonwealth of Pennsylvania
County of Cumberland
ANGELA HYKES, a minor by
and through her natural parent and
guardian, ALBERT HYKES
VS.
WILLIAMS GROVE AMUSEMENT, INC.,
and WILLIAMS GROVE, INC, d/b/a
WILLIAMS GROVE AMUSEMENT PARK
1 Park Avenue
Mechanicsburg. PA 17055
Court of Common Pleas
No.
01-2992 Civil Term
19____
Civil Action - Law
In _____________________________________________
To _~j..))A,~_<3!"Q'C~_~~~!L_J;.I2g~_'__i?!.l~LWilliam Grove, Inc. d/b/a Williams Grove
!\rTlUsenent Park
You are hereby notified that
Angela Hykes, a minor, by and through her natural parent and guardian, Albert Hykes
._----~-------------------------------------------------------------------------------------------
the Plaintiff haS commenced an action in ________CO~>:'~l:.J~<::!'_~~r:_.::___~~__n___________________n__
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
.___________~!'_~~_~~__~~9_____________________
Prothonotary
Date _____~!'__~~~_~.?_~~__________ IL__
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Deputy -~-.!'tL.
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ANGELA HYKES,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff.
v.
: CIVIL ACTION - LAW
WILLIAMS GROVE AMUSEMENT,
INC., and WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
: NO. 01-2992 Civil Term
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO: Prothonotary
Please enter the appearance ofDavidR. Breschi, Esquire, Melissa A. Swauger, Esquire, and
the law firm of Shumaker Williams, P.C., as counsel for Williams Grove Amusement, Inc., and
Williams Grove, Inc., d/b/a Williams Grove Amusement Park.
Dated:Gci; ~/?~
SHUMAKER WILLIAMS, P.C.
BY~~qJ,'
MelissaA. Swauger, LD. #82382
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
: 144579
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CERTIFICATE OF SERVICE
I, DavidR. Breschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that
I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on this date by
depositing a copy of the same in the possession of the United States Mail, first-class, postage
prepaid, addressed as follows:
Gregory M. Feather, Esquire
HANDLER, HENNING & ROSENBERG, LLP
1300 Linglestown Road
Harrisburg, PA 17110
Attorneys for Plaintiff
SHUMAKER WILLIAMS, P.C.
Dated: (j ~
1/7~
By
~/1~
David R. Breschi, I.D. #59001
MelissaA. Swauger, I.D. #82382
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewrlt1:en and sul:mitted in dupl.ic:ml)
TO TilE PROTHONOTARY OF CUMBERLAND COUNTY;
Please list the witIWI matter for t:IIe next Al:gaoent Court.
-----------------------------------------------------------------
---------
CAPTION or CASE
(ent>>e caption RUSt be stated in full)
ANGELA HYKES;
(Plaintiff)
vs.
WILLIAMS GROVE AMUSEMENT, INC. and
WILLIAMS GROVE, INc., d/b/a WILLIAMS
GROVE AMUSEMENT PARK,
( DefElldant)
. No. 01
Civil 2992
2002
1. State matter to be argued (i.e" plaintiff's IIDtiat for new trial, defendant's
d8tm:rer to COIplaint. etc.);
Defendants I Preliminary Obj ections to Plaintiff's Canplaint
2. Identify QOlJI1Se1 who will argue case;
(a) for plaintiff:
.lldaress :
David R. Breschi and Melissa A. Swauger
Shumaker Williams, P.C.
P.O. Box 88
lJarrisburg, PA 171 08
Gregory M. Feather
HANDLER, HENNING & ROSENBERG
P.O. Box 60337
Harrisburg, PA 1 71 06
3. I will notify all parties .in writing within two days that this case has
been listed for arganent.
(b) for defEllDimt::
AddJ:ess:
4. Arg\nent court Date; July 24, 2002
~~ Ct ~cw7Orc
Dtted: 7/5/02 Attorney for Defendants
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ANGELA HYKES, a minor, by
and through her natural parent
and guardian, ALBERT HYKES,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC" and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 01-2992 Civil Term
JURY TRIAL DEMANDED
PRAECIPE TO CHANGE CAPTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please change the above caption, docketed to No. 01-2992, to the following
caption:
ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - lAW
Plaintiff
v.
WilLIAMS GROVE
AMUSEMENT, INC., and
WilLIAMS GROVE, INC.,
d/b/a WilLIAMS GROVE
AMUSEMENT PARK
Defendants
NO, 01-2992 Civil Term
JURY TRIAL DEMANDED
Angela Hykes was a minor at the time litigation was initiated and, at this time, is
no longer a minor and the new caption reflects this change in status. Thank yo .
/
Gr. gory, . eaflier, Esq.
1 . 0 Linglestown Rd.,
. arrisburg, PA 17106
Tel. No.: 717-238-2000
Supreme Court ID No. 79456
Attorneys for Plaintiff
/
Date: 5114/~
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ANGELA HYKES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
WILLIAMS GROVE AMUSEMENT,
INC., and WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK,
: NO. 01-2992 Civil Term
Defendants
DEFENDANTS' PRELIMINARY OBJECTION
TO PLAINTIFF'S COMPLAINT
NOW COMES Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a
Williams Grove Amusement Park by its attorneys, Shumaker Williams, P.C., to make the following
Preliminary Objection, pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4), to the
Plaintiffs Complaint:
1. In Count I of Plaintiff's Complaint, she purports to state a cause of action for
"Respondeat Superior" and seeks damages in an amount in excess of $25,000.
2. In Count II of Plaintiff' s Complaint, she purports to state a cause of action for "False
Imprisomnent" and seeks damages in an amount in excess of $25,000.
3. In Count III of Plaintiff s Complaint, she purports to state a cause of action for
"Negligent Infliction of Emotional Distress" and seeks damages in an amount in excess of$25,000.
4. In Count IV of Plaintiff's Complaint, she purports to state a cause of action for
"Intentional Infliction of Emotional Distress" and seeks damages in an amount in excess of$25,000.
5. In Count V of Plaintiffs Complaint, she purports to state a cause of action for
"Assault and Battery" and seeks damages in an amount in excess of $25,000.
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.
.
6. In Count VI of Plaintiff s Complaint, she purports to state a cause of action for "Gross
Negligence/Outrageous Conduct" and seeks compensatory and punitive damages in an amount in
excess of$25,000.
7. Essentially, Plaintiff s claims in Counts I through VI are premised on an investigation
that Defendants conducted, including examination of Plaintiff, when they suspected that Plaintiff
stole money while selling tickets as an employee of Defendants.
8. Plaintiff claims that she was injured by this investigation.
9. Thus, Plaintiff alleges that she was injured by the negligent and/or intentional acts
of her employer, Defendants, and/or its employees.
10. Plaintiff has failed to state any valid cause of action in Counts I through VI because
the Pennsylvania Workmen's Compensation Act ("PWCA") provides the exclusive remedy against
an employer for injuries occurring within the course and scope of employment. 77 Pa.C.S.A.
~481(a).
11.
The legal immunity which is afforded to employers under the PWCA extends not only
to acts of negligence, but also to claims based on intentional, wanton, and willful misconduct.
12. Furthermore, as a result of the PWCA, an employer cannot be held directly or
vicariously liable to a plaintiff for any harm caused by the acts of its employees, regardless of
whether the conduct was intentional or negligent.
13. Accordingly, the PWCA bars Plaintiffs claims of "Respondeat Superior," "False
Imprisonment," "Negligent Infliction of Emotional Distress," "Intentional Infliction of Emotional
Distress," "Assault and Battery," and "Gross Negligence/Outrageous Conduct."
2
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.
.
.
WHEREFORE, Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc.
d/b/a Williams Grove Amusement Park respectfully request that, pursuant to Pennsylvania Rule of
Civil Procedure 1028(a)(4), this Honorable Court sustain its Preliminary Objection to Counts I
through VI on the basis that such Counts are legally insufficient.
Dated: X~)/?~
By wllL~
David R. Breschi, LD. #59001
Melissa A. Swauger, LD. #82382
P.O. Box 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendants
:144625
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CERTIFICATE OF SERVICE
I, David R. Brescm, Esquire, ofthe law frrm of Shumaker Williams, P .C., hereby certify that
I served a true and correct copy of the foregoing Defendants' Preliminary Objection to Plaintiff's
Complaint on this date by depositing a copy of the same in the possession of the United States Mail,
first-class, postage prepaid, addressed as follows:
Gregory M. Feather, Esquire
HANDLER, HENNING & ROSENBERG, LLP
P.O. Box 60337
Harrisburg, PA 17106
Dated:
J'J; " 1~
SHUMAKER WILLIAMS, P.C.
By~L;b2)
P.O. Box 88
Harrisburg, P A 17108
(717) 763-1121
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ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO, 01-2992 Civil Term
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that true and correct copies of the Plaintiff's First Set of Interrogatories
Directed Upon the Defendants, Williams Grove Amusements, Inc. and Williams Grove,
Inc. and of the Plaintiff's First Request for Production of Documents Directed Upon the
Defendants, Williams Grove Amusements, Inc. and Williams Grove, Inc. were served
on the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,d/b/a
Williams Grove Amusement Park, by sending a copy of the same to the owner of said
Defendant establishments, Morgan C. Hughes, Willow Grove, Inc., 1 Park Avenue,
Mechanicsburg, PA 17055 by United States Mail, in Harrisburg, Pennsylvania on July
10,2002.
./
DATE: -j/ro /0 L--
I ,
Attorneys for Plaintiff
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ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC"
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO, 01-2992 Civil Term
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 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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone (717) 249-6166
DATE: tf11(J'V
Attorneys for Plaintiff
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. JJW/complaints/hykes_amend_compl.wpd
ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK, and
NO, 01-2992 Civil Term
Defendants
JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Angela Hykes, by and through her attorneys,
HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and makes
this Amended Complaint against the Defendants, Williams Grove Amusement, Inc. and
Williams Grove, Inc., d/b/a Williams Grove Amusement Park, as follows:
1. Plaintiff, Angela Hykes, is an adult individual who resides at 200 North
Locust Street, Shiremanstown, Cumberland County, PA 17011.
2. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park are corporations organized and existing under
the laws of Pennsylvania and have their registered address at One Park Avenue,
Mechanicsburg, Cumberland County, PA 17055.
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3. Defendant Morgan C. Hughes is an adult individual who, at all time
material to this action, is the owner, agent, representative, employee and/or servant of
Defendant, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, at One Park Avenue, Mechanicsburg, Cumberland County,
PA 17055.
4. Defendant Ingrid Hughes is an adult individual who, at all time material to
this action, is the owner, agent, representative, employee and/or servant of Defendant,
Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, at One Park Avenue, Mechanicsburg, Cumberland County, PA
17055.
5. At all times material hereto, Defendants, Williams Grove Amusement, Inc.
and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, acted or failed to act
through their agents, servants and/or employees, acting for, or on behalf of, Defendants
under Defendants' control, and within the course and scope of their authority and/or
employment with Defendants.
6. At all times material hereto, Defendants, Williams Grove Amusement,
Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, owned and
operated an amusement park under the name of Williams Grove Amusement Park,
located at One Park Avenue, Mechanicsburg, Cumberland County, PA 17055.
7. On or about August 7,1999, Plaintiff, who was 15 years old at the time,
reported to work at Williams Grove Amusement Park. Plaintiff was instructed by the
office to get a cash box and report to the ticket window to sell tickets.
8. While working her shift, Plaintiff, Angela Hykes, was instructed to do
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conflicting tasks by Mr. and Mrs. Hughes, the owners of Williams Grove Amusement
Park.
9. During her shift, Plaintiff, Angela Hykes, was relieved by Nicole, another
employee of Williams Grove, so Angela could take a break. Plaintiff informed Nicole
that she had quit.
10. While the Plaintiff, Angela Hykes, was walking to the pay phone to call
her mother to pick her up, two employees of Williams Grove Amusement Park
approached Plaintiff and indicated that they heard she was quitting.
11. Defendants' employees instructed Plaintiff, Angela Hykes, that she had
to come to the office and have the monies in the cash box assigned to her counted
before she could leave.
12. Plaintiff, Angela Hykes, was taken to the office while an employee of
Defendants went to retrieve her cash box at the ticket window.
13. The cash boxes are kept in a drawer at the ticket window, where any
employee has access to them.
14. Employee(s) of the Defendants took the cash box back to the office. The
employees then took the cash box into another room at the office to count the money
out of sight of Plaintiff, Angela Hykes. Plaintiff, Angela Hykes, was then informed that a
sum of money was missing from the cash box.
15. Plaintiff, Angela Hykes, told Defendants' employees that she did not take
the money.
16. Plaintiff, Angela Hykes, was then placed in a room in the office area. The
employees told Ms. Hykes to stay in the room and not come out. The door was closed.
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17. Plaintiff, Angela Hykes, was accused several times that she took the
money and the Police were going to be called. She was required to remain in the room
and was told to sit and think about what she had allegedly done.
18. After Plaintiff, Angela Hykes, was in the room for approximately 30 to
60 minutes, Defendants' owner, Mrs. Hughes, instructed two female employees to enter
the room and search Plaintiff Angela Hykes' person and possessions.
19. Defendants' female employees first searched Plaintiff, Angela Hykes',
backpack.
20. Next, Defendants's female employees strip-searched Plaintiff, Angela
Hykes, requiring Plaintiff to remove her pants, blouse, and bra and remain unclothed
while they searched her articles of clothing.
21. Plaintiff, Angel Hykes, stayed in the office for a total of approximately one
to two hours and, possibly, as long as three hours. She sat and cried. She did not try
to leave because she was scared. She could not call her parents because no
telephones were available.
22. As a direct and proximate result of the actions of the Defendants,
Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, the Plaintiff, Angela Hykes, sustained injuries and indignities as set
forth more specifically below.
COUNT I - ResDondeat SUDerior
23. Paragraphs 1-22 are incorporated herein as if set forth at length.
24. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
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d/b/a Williams Grove Amusement Park, Inc., are vicariously liable for the intentional
and/or negligent acts or omissions of their agents, servants and/or employees. pursuant
to the Doctrine of Respondeat Superior.
25. The occurrence of the aforementioned incident and the resulting injuries
to the Plaintiff, Angela Hykes, were caused directly and proximately by the negligence
of the Defendants, Williams Grove Amusement. Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., in the following particulars:
(a) In failing to have policies and procedures in effect instructing employees
how to deal with suspected employee theft.
(b) In failing to properly hire and train its employees in how to deal with
suspected employee theft;
(c) In failing to have policies and procedures in effect against falsely
imprisoning minor employees;
(d) In failing to have policies and procedures in effect against strip-searching
minor employees.
26. As a direct and proximate result of the negligence and/or intentional acts
of the Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes, suffered severe
emotional distress, pain. anguish. humiliation and embarrassment and various physical
injuries resulting from the false imprisonment, emotional distress and assault and
battery.
27. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
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Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
28. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., the Plaintiff, Angela Hykes has suffered
discomfort and mental anguish, and will continue to endure the same for an indefinite
period of time in the future, to her great physical, emotional, and financial detriment and
loss.
29. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT II . False ImDrisonment
Anaela Hvkes v. Williams Grove Amusement. Inc.. and
Williams Grove. Inc.. d/b/a Williams Grove Amusement Park
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30. Paragraphs 1-29 are incorporated herein as if set forth at length.
31. At the same time and place, employees of the Defendants, Williams Grove
Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park,
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falsely, publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen
money from the cash box.
32. At such time, the Defendants', Williams Grove Amusement, Inc., and
Williams Grove, Inc., d/b/a Williams Grove Amusement Park's, female employees by
and through the direction of the Defendants, forcibly seized, held and detained Plaintiff,
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Angela Hykes, against her will and consent by:
(a) falsely and maliciously detaining and impfisoning the
Plaintiff for several hours by placing her in a room,
closing the door, telling her she could not leave, and
threatening to call the Police;
(b) compelling the Plaintiff to submit to a search of her
possessions by Defendants' female employees; and
(c) compelling the Plaintiff to submit to a strip-search by
Defendants' female employees before she could leave.
(d) In failing to have policies and procedures in effect against falsely
imprisoning minor employees;
33. Plaintiff, Angela Hykes, did not steal any money from the cash box
assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendants', Williams
Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park's, employee(s) and requested to be released.
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34. Plaintiff's mother was advised several days later by Defendants', Williams
Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park's owner, Mrs. Hughes, that the money had actually been stolen by another
employee and was subsequently returned by that employee.
35. Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park's, employees refused to release Plaintiff,
Angela Hykes, but continued their forcible seizure, holding and detaining Plaintiff and
threatening her with prosecution for the alleged theft of money from the cash box. They
did not allow her to contact her parents or anyone else for assistance.
36. Defendants', Williams Grove Amusement, Inc., and Williams Grove, Inc.,
d/b/a Williams Grove Amusement Park's, employees acted in the aforementioned
manner without any reasonable or probable cause to falsely imprison Plaintiff, Angela
Hykes, which is contrary to the laws of the Commonwealth of Pennsylvania.
37. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
,
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
38. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to
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endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
39. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT III - False ImDrisonment
Anaela Hvkes v. Moraan C. Huahes
40. Paragraphs 1-39 are incorporated herein as if set forth at length.
41. At the same time and place, Defendant, Morgan C. Hughes, falsely,
publicly, and maliciously accused the Plaintiff, Angela Hykes, of having stolen money
from the cash box for personal reasons, in that Plaintiff informed Defendant, Morgan C.
Hughes, that she had quit.
42. At such time, the Defendant, Morgan C. Hughes, ordered female
employees by and through his direction to, forcibly seize, hold and detain Plaintiff,
Angela Hykes, against her will and consent by:
(a) In falsely and maliciously detaining and imprisoning the Plaintiff,
Angela Hykes, for several hours for personal reasons, in that she
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informed Defendant, Morgan C. Hughes, that she had quit, by
placing her in a room, closing the door, telling her she could not
leave, and threatening to call the Police;
(b) In compelling the Plaintiff, Angela Hykes, for purely personal
reasons, in that she informed Defendant, Morgan C. Hughes, that
she had quit, to submit to a search of her possessions by
Defendants' female employees; and
(c) In compelling the Plaintiff, Angela Hykes, for purely personal
reasons, in that she informed Defendant, Morgan C. Hughes, that
she had quit, to submit to a strip-search as ordered by Defendant,
Morgan C. Hughes, before she could leave;
43. Plaintiff, Angela Hykes, did not steal any money from the cash box
assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendant, Morgan
C. Hughes, and requested to be released.
44. Plaintiff's mother was advised several days later by Defendants', Williams
Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park's owner, Mrs. Hughes, that the money had actually been stolen by another
employee and was subsequently returned by that employee.
45. Defendant, Morgan C. Hughes, refused to release Plaintiff, Angela Hykes,
but continued his forcible seizure, holding and detaining Plaintiff and threatening her
with prosecution for the alleged theft of money from the cash box. He did not allow her
to contact her parents or anyone else for assistance.
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46. Defendant, Morgan C. Hughes, acted in the aforementioned manner
without any reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes,
which is contrary to the laws of the Commonwealth of Pennsylvania.
47. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
48. As a direct and proximate result of Defendant, Morgan C. Hughes, the
Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to
endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
49. As a direct and proximate result of the actions of Defendant, Morgan C.
Hughes, Angela Hykes, has suffered a loss of life's pleasures and she will continue to
suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and
00/100 dollars ($25,000.00).
COUNT IV - False ImDrisonment
Anaela Hykes y. Inarid HUCJhes
50. Paragraphs 1-49 are incorporated herein as if set forth at length.
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51. At the same time and place, Defendant, Ingrid Hughes, falsely, publicly,
and maliciously accused the Plaintiff, Angela Hykes, of having stolen money from the
cash box for personal reasons, in that Plaintiff informed Defendant, Ingrid Hughes, that
she had quit.
52. At such time, the Defendant, Ingrid Hughes, ordered female employees by
and through his direction to, forcibly seize, hold and detain Plaintiff, Angela Hykes,
against her will and consent by:
(a) In falsely and maliciously detaining and imprisoning the Plaintiff,
Angela Hykes, for several hours for personal reasons, in that she
informed Defendant, Ingrid Hughes, that she had quit, by
placing her in a room, closing the door, telling her she could not
leave, and threatening to call the Police;
(b) In compelling the Plaintiff, Angela Hykes, for purely personal
reasons, in that she informed Defendant, Ingrid Hughes, that
she had quit, to submit to a search of her possessions by
Defendants' female employees; and
(c) In compelling the Plaintiff, Angela Hykes, for purely personal
reasons, in that she informed Defendant, Ingrid Hughes, that
she had quit, to submit to a strip-search as ordered by Defendant,
Ingrid Hughes, before she could leave;
53. Plaintiff, Angela Hykes, did not steal any money from the cash box
assigned to her. Plaintiff, Angela Hykes, repeatedly stated this to Defendant, Ingrid
Hughes, and requested to be released.
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54. Plaintiff's mother was advised several days later by Defendants', Williams
Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park's owner, Defendant, Ingrid Hughes, that the money had actually been stolen by
another employee and was subsequently returned by that employee.
55. Defendant, Ingrid Hughes, refused to release Plaintiff, Angela Hykes,
but continued his forcible seizure, holding and detaining Plaintiff and threatening her
with prosecution for the alleged theft of money from the cash box. He did not allow her
to contact her parents or anyone else for assistance.
56. Defendant, Ingrid Hughes, acted in the aforementioned manner without
any reasonable or probable cause to falsely imprison Plaintiff, Angela Hykes, which is
contrary to the laws of the Commonwealth of Pennsylvania.
57. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained
by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from
attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
58. As a direct and proximate result of Defendant, Ingrid Hughes, the
Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will continue to
endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
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59. As a direct and proximate result of the actions of Defendant, Ingrid
Hughes, Angela Hykes, has suffered a loss of life's pleasures and she will continue to
suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT V - Nealiaent Infliction of Emotional Distress
Angela Hvkes v. Williams Grove Amusement. Inc.. and
Williams Grove. Inc.. d/b/a Williams Grove Amusement Park
60. Paragraphs 1-59 are incorporated herein as if set forth at length.
61. The statements made by the Defendants, Williams Grove Amusement,
Inc., and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, were false, in so
far as they related to Plaintiff, Angela Hykes. First, she did not steal the money from
the cash box assigned to her. Second, she has never committed any crimes. Third,
she has at all times complied with the law.
62. As a direct and proximate result of the conduct of the Defendants,
Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, the Plaintiff, Angela Hykes, has been, and is, injured in her good
name and reputation, to her great financial loss and damage.
63. As a direct and proximate result of the conduct of the Defendants,
Williams Grove Amusement, Inc., and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
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anguish, humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
64. As a direct and proximate result of the conduct of the Defendants,
Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, Inc., and the resulting injuries and emotional trauma sustained by
and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from
attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
65. As a direct and proximate result of the actions of the Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and will
continue to endure the same for an indefinite period of time in the future, to her great
physical, emotional, and financial detriment and loss.
66. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
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COUNT VI - Nealiaent Infliction of Emotional Distress
Anaela Hykes v. Moraan C. Huahes
67. Paragraphs 1-66 are incorporated herein as if set forth at length.
68. The statements made by the Defendant, Morgan C. Hughes, were false,
in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money
from the cash box assigned to her. Second, she has never committed any crimes.
Third, she has at all times complied with the law.
69. As a direct and proximate result of the conduct of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and
reputation, to her great financial loss and damage.
70. As a direct and proximate result of the conduct of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
anguish, humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
71. As a direct and proximate result of the conduct of the Defendant, Morgan
C. Hughes, and the resulting injuries and emotional trauma sustained by and inflicted
upon her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from
performing the duties required by her usual occupation and from attending to her daily
duties and chores, to her great loss, humiliation, and embarrassment.
72. As a direct and proximate result of the actions of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish,
and will continue to endure the same for an indefinite period of time in the future, to her
great physical, emotional, and financial detriment and loss.
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73. As a direct and proximate result of the actions of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she
will continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and
00/100 dollars ($25,000.00).
COUNT VII - Nealigent Infliction of Emotional Distress
Anaela Hvkes v. Inarid Huahes
74. Paragraphs 1-73 are incorporated herein as if set forth at length.
75. The statements made by the Defendant, Ingrid Hughes, were false,
in so far as they related to Plaintiff, Angela Hykes. First, she did not steal the money
from the cash box assigned to her. Second, she has never committed any crimes.
Third, she has at all times complied with the law.
76. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and
reputation, to her great financial loss and damage.
77. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish,
humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
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78. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, and the resulting injuries and emotional trauma sustained by and inflicted upon
her, Plaintiff, Angela Hykes, has been, and will in the future be, hindered from
performing the duties required by her usual occupation and from attending to her daily
duties and chores, to her great loss, humiliation, and embarrassment.
79. As a direct and proximate result of the actions of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes has suffered discomfort and mental anguish, and
will continue to endure the same for an indefinite period of time in the future, to her
great physical, emotional, and financial detriment and loss.
80. As a direct and proximate result of the actions of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT VIII . Intentional Infliction of Emotional Distress
Anaela Hvkes v. Williams Grove Amusement. Inc.. and
Williams Grove. Inc.. d/b/a Williams Grove Amusement Park
81. Paragraphs 1-80 are incorporated herein as if set forth at length.
82. Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
18
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d/b/a Williams Grove Amusement Park, by and through its agents, employees, and
representatives, intentionally and/or recklessly caused Plaintiff's severe emotional
distress by Defendants' extreme and outrageous conduct.
83. As a direct and proximate result of the conduct of the Defendants, by and
through its agents, employees and representatives, the Plaintiff, Angela Hykes,
suffered severe emotional distress, pain, anguish, humiliation and embarrassment and
various physical injuries resulting from the emotional distress.
84. As a direct and proximate result of the conduct of the Defendants, the
Plaintiff, Angela Hykes, has been, and is, injured in her good name and reputation, to
her great financial loss and damage.
85. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
86. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and will
continue to endure the same for an indefinite period of time in the future, to her great
physical, emotional, and financial detriment and loss.
19
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87. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT IX -Intentional Infliction of Emotional Distress
Anaela Hykes v. Moraan C. Huahes
88. Paragraphs 1-87 are incorporated herein as if set forth at length.
89. Defendant, Morgan C. Hughes, intentionally and/or recklessly caused
Plaintiff's severe emotional distress by Defendant's extreme and outrageous conduct
directed at Plaintiff for purely personal reasons, in that she informed Defendant, Morgan
C. Hughes, that she had quit.
90. As a direct and proximate result of the conduct of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
anguish, humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
91. As a direct and proximate result of the conduct of the Defendant, Morgan
20
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C. Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and
reputation, to her great financial loss and damage.
92. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma
sustained by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
93. As a direct and proximate result of the actions of Defendant, Morgan C.
Hughes, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and
will continue to endure the same for an indefinite period of time in the future, to her
great physical, emotional, and financial detriment and loss.
94. As a direct and proximate result of the actions of Defendant, Morgan C.
Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and
00/100 dollars ($25,000.00).
COUNT X - Intentional Infliction of Emotional Distress
Anaela Hvkes v. Inarid Huahes
95. Paragraphs 1-94 are incorporated herein as if set forth at length.
96. Defendant, Ingrid Hughes, intentionally and/or recklessly caused
21
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Plaintiff's severe emotional distress by Defendant's extreme and outrageous conduct
directed at Plaintiff for purely personal reasons, in that she informed Defendant, Ingrid
Hughes, that she had quit.
97. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish,
humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
98. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has been, and is, injured in her good name and
reputation, to her great financial loss and damage.
99. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained
by, and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from
attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
100. As a direct and proximate result of the actions of Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has suffered discomfort and mental anguish, and
will continue to endure the same for an indefinite period of time in the future, to her
great physical, emotional, and financial detriment and loss.
101. As a direct and proximate result of the actions of Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
22
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WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT XI . Assault and Batterv
Anaela Hvkes v. Williams Grove Amusement. Inc.. and
Williams Grove. Inc.. d/b/a Williams Grove Amusement Park
102. Paragraphs 1-101 are incorporated herein as if set forth at length.
103. Employees of Defendants, Williams Grove Amusement, Inc. and Williams
Grove, Inc., d/b/a Williams Grove Amusement Park, assaulted and battered the
Plaintiff, Angela Hykes, by strip-searching her.
104. As a direct and proximate result of the conduct of the Defendants,
Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove
Amusement Park, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
anguish, humiliation and embarrassment and various physical injuries resulting form the
emotional distress.
105. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
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106. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
107. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a Williams
Grove Amusement Park, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT XII - Assault and Batterv
Anaela Hvkes v. Moraan C. Huahes
108. Paragraphs 1-107 are incorporated herein as if set forth at length.
109. As Defendant, Morgan C. Hughes, assaulted the Plaintiff, Angela Hykes,
by personally attacking Plaintiff, Angela Hykes, while she was a minor, repeatedly over
the course of her employment through the use of foul and otherwise abusive language
and by ordering a strip-searching her;
110. As a direct and proximate result of the conduct of the Defendant,
24
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Morgan C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress,
pain, anguish, humiliation and embarrassment and various physical injuries resulting
form the emotional distress.
111. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
112. As a direct and proximate result of Defendant, Morgan C. Hughes, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
113. As a direct and proximate result of the actions of Defendant, Morgan C.
Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Morgan C. Hughes, in an amount in excess of twenty-five thousand and
00/100 dollars ($25,000.00).
COUNT XII - Assault and Batterv
Anaela Hvkes v. Ingrid Huahes
25
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114. Paragraphs 1-113 are incorporated herein as if set forth at length.
115. As Defendant, Ingrid Hughes, assaulted the Plaintiff, Angela Hykes.
by personally attacking Plaintiff, Angela Hykes, while she was a minor, repeatedly over
the course of her employment through the use of abusive language and by ordering a
strip-searching her;
116. As a direct and proximate result of the conduct of the Defendant,
Ingrid Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
anguish, humiliation and embarrassment and various physical injuries resulting form the
emotional distress.
117. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained
by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from
attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
118. As a direct and proximate result of Defendant, Ingrid Hughes, the Plaintiff,
Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure
the same for an indefinite period of time in the future, to her great physical, emotional,
and financial detriment and loss.
119. As a direct and proximate result of the actions of Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
26
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WHEREFORE, Plaintiff, Angela Hykes, seeks damages from the
Defendant, Ingrid Hughes, in an amount in excess of twenty-five thousand and 00/100
dollars ($25,000.00).
COUNT XIII - Gross Negliaence/Outraaeous Conduct
Anaela Hvkes v. Williams Grove Amusement. Inc.. and
Williams Grove. Inc.. d/b/a Williams Grove Amusement Park
120. Plaintiff incorporates and makes part of this Complaint paragraphs 1-119,
as if set forth at length.
121. The actions of Defendants, Williams Grove Amusement, Inc. and Williams
Grove, Inc., d/b/a Williams Grove Amusement Park, were outrageous and grossly
negligent, generally, and more specifically, as described below:
(a) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, falsely and
maliciously detaining and imprisoning Plaintiff;
(b) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's
possessions;
(c) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to
submit to strip-search; and,
(d) In otherwise acting with reckless indifference to the rights and safety of
Plaintiff, Angela Hykes.
122. As a direct and proximate result of the conduct of the Defendants, the
27
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Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish, humiliation
and embarrassment and various physical injuries resulting from the emotional distress.
123. As a direct and proximate result of the negligence and/or intentional acts
of Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc., d/b/a
Williams Grove Amusement Park, Inc., and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
124. As a direct and proximate result of Defendants, Williams Grove
Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement Park, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
125. As a direct and proximate result of the actions of Defendants, Williams
Grove Amusement, Inc. and Williams Grove, Inc., d/b/a Williams Grove Amusement
Park, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
126. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are
permanent in nature.
WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive
damages from Defendants, Williams Grove Amusement, Inc. and Williams Grove, Inc.,
28
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d/b/a Williams Grove Amusement Park, in an amount in excess of twenty-five thousand
and 00/100 dollars ($25,000.00).
COUNT XIV. Gross Nealiaence/Outraaeous Conduct
Anaela Hvkes v. Morgan C. Huahes
127. Plaintiff incorporates and makes part of this Complaint paragraphs 1-126,
as if set forth at length.
128. The actions of Defendant, Morgan C. Hughes, were outrageous and
grossly negligent, generally, and more specifically, as described below:
(a) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, falsely and
maliciously detaining and imprisoning Plaintiff for purely personal reasons,
in that she informed Defendant, Morgan C. Hughes, that she had quit;
(b) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, searching Plaintiff's
possessions for purely personal reasons, in that she informed Defendant,
Morgan C. Hughes, that she had quit;
(c) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to
submit to strip-search for purely personal reasons, in that she informed
Defendant, Morgan C. Hughes, that she had quit; and,
29
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(d) In otherwise acting with reckless indifference for purely personal reasons,
in that Plaintiff, Angela Hykes, informed Defendant, Morgan C. Hughes,
that she had quit to the rights and safety of Plaintiff.
129. As a direct and proximate result of the conduct of the Defendant, Morgan
C. Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain,
anguish, humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
130. As a direct and proximate result of the negligence and/or intentional acts
of Defendant, Morgan C. Hughes, and the resulting injuries and emotional trauma
sustained by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the
future be, hindered from performing the duties required by her usual occupation and
from attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
131. As a direct and proximate result of Defendant, Morgan C. Hughes, the
Plaintiff, Angela Hykes has suffered discomfort, and mental anguish, and will continue
to endure the same for an indefinite period of time in the future, to her great physical,
emotional, and financial detriment and loss.
132. As a direct and proximate result of the actions of Defendant, Morgan C.
Hughes, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
133. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are
permanent in nature.
30
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WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory a'nd punitive
damages from Defendant, Morgan C. Hughes, in an amount in excess of twenty-five
thousand and 00/100 dollars ($25,000.00).
COUNT XV - Gross Nealiaence/Outraaeous Conduct
Anaela Hvkes v. Inarid Huahes
134. Plaintiff incorporates and makes part of this Complaint paragraphs 1-133,
as if set forth at length.
135. The actions of Defendant, Ingrid Hughes, were outrageous and
grossly negligent, generally, and more specifically, as described below:
(a) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, falsely and
maliciously detaining and imprisoning Plaintiff for purely personal reasons,
in that she informed Defendant, Ingrid Hughes, that she had quit;
(b) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes. searching Plaintiff's
possessions for purely personal reasons, in that she informed Defendant,
Ingrid Hughes, that she had quit;
(c) In willfully, wantonly, and with conscious disregard for the consequences
and the safety and health of Plaintiff, Angela Hykes, compelling Plaintiff to
submit to strip-search for purely personal reasons, in that she informed
Defendant, Ingrid Hughes, that she had quit; and,
31
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In otherwise acting with reckless indifference for purely personal reasons,
in that Plaintiff, Angela Hykes, informed Defendant, Ingrid Hughes, that
she had quit to the rights and safety of Plaintiff.
136. As a direct and proximate result of the conduct of the Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes, suffered severe emotional distress, pain, anguish,
humiliation and embarrassment and various physical injuries resulting from the
emotional distress.
137. As a direct and proximate result of the negligence and/or intentional acts
138. As a direct and proximate result of Defendant, Ingrid Hughes, the Plaintiff,
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of Defendant, Ingrid Hughes, and the resulting injuries and emotional trauma sustained
by and inflicted upon her, Plaintiff, Angela Hykes, has been, and will in the future be,
hindered from performing the duties required by her usual occupation and from
attending to her daily duties and chores, to her great loss, humiliation, and
embarrassment.
Angela Hykes has suffered discomfort, and mental anguish, and will continue to endure
the same for an indefinite period of time in the future, to her great physical, emotional,
and financial detriment and loss.
139. As a direct and proximate result of the actions of Defendant, Ingrid
Hughes, the Plaintiff, Angela Hykes has suffered a loss of life's pleasures and she will
continue to suffer the same in the future, to her great detriment and loss.
140. Plaintiff, Angela Hykes, believes and, therefore, avers that her injuries are
permanent in nature.
32
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WHEREFORE, Plaintiff, Angela Hykes, seeks compensatory and punitive
damages from Defendant, Ingrid Hughes, in an amount in excess of twenty-five
thousand and 00/100 dollars ($25,000.00).
Date: 1fs/07/
Respectfully Submitted,
33
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VERIFICATION
PURSUANT TO Pa. R.c.P. No. l024(c)
GREGORY M. FEATHER, ESQ. states that he is the attorney for the
party filing the foregoing document; that he makes this Amended Complaint as an
attorney and verifies that it is correct and accurate to the best of his knowledge,
information and belief and that this statement is made subject to the penalties of 18 Pa.
C.S.A., Section 4904 relating to unsworn falsification to authoritks~/-->
//
ER, ESQ.
DATE: fJ/J.S/cJ2-
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on
the Defendants, Williams Grove Amusement, Inc., and Williams Grove, Inc.,d/b/a
Williams Grove Amusement Park, by sending a copy of the same to their attorneys of
record, David R. Breschi, Esq., Shumaker Williams, P.C., P.O. Box 88, Harrisburg, PA
17108, by United States Mail, Certified mail, return receipt requested, in Harrisburg,
Pennsylvania on July,25, 2002.
regory M. Feather, Esq.
ttorney J.D. #79456
P.O. Box 60337
Harrisburg, PA 17106
(717) 238-2000
DATE: 7f~2--
Attorneys for Plaintiff
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Angela Hykes
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
Williams Grove Amusement, Inc. and Williams
Grove, Inc., d/b/a Williams Grove Amusement Park
: NO. 01-2992 CIVIL TERM
, ORDER OF COURT
AND NOW, July 24, 2002, by agreement of counsel, the above-captioned matter
is continued from the July 24, 2002 Argument Court list. Counsel is directed to relist the case
when ready.
By the Court,
~d R.~' Esquire
,-Melissa: A. Swauger, Esquire
For the Plaintiff
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~regory M. Feather, Esquire
For the Defendant
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ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 01-2992 Civil Term
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please replace the attorney-executed Verification to the Amended Complaint
that had been filed in this matter on July 25, 2002, with the attached Plaintiff-executed
Verification.
Thank you.
G,LLP
DATE: ,pi 1/
B
Gr
Att ney J.D. #79456
00 Unglestown Rd.
Harrisburg, PA 17110
(717) 238-2000
Attorneys for Plaintiff
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VERIFICATION
THE UNDERSIGNED hereby verifies that the statements in the foregoing document
are based on information that was gathered by counsel in preparation of this lawsuit. The
language of the above-named document is of counsel and not of my own. I have read the
said document and, to the extent that it is based on information that I gave to counsel, it is
true and correct to the best of my knowledge, information and belief. To the extent that the
contents of the said document is that of counsel, I have relied upon my counsel in preparing
this Verification.
THE UNDERSIGNED also understands that the statements therein are made subject
to the penalties of 18 Pa.R.C.P. 2252(d), relating to
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PRAECIPE FOR LISTING CASE FOR A
Ilbst be typewritten and subnitted in !!t.
TO THE PROTHONOTARY OF CUM8ERLMD COUNTY:
Please list the within matter for the Deld:
-----------------------------------------------------------------
CAPTION OF CASE
I entin caption must be stated in full)
ANGELA HYKES,
Plaintiff
(Pl.aiJ>ti.ff)
vs.
WILLIAMS GROVE AMUSEMENT, INC., and
WILLIAMS GROVE, INC., d/b/a WILLIAMS
GROVE AMUSEMENT PARK,
Defendants
( Defemant)
. No. 2992
Civil. Tenn
Ja 2001
1. State matter to be ~ (i.e., plaintiff's IIDticn :far .- triaJ.. defendant's
iiEmlrrer to cmplaint. etc. I: Preliminary Obj ection of Defendants Williams
Grove Amusement, Inc. and Williams Grove, Inc. to Plaintiff's Amended Canplaint
2. Identify ccunsel. who will argue case:
David R. Breschi and Melissa A. Swauger
Shumaker Williams, P.C.
P.O. Box 88
Harrisburg, PA 171 08
Gregory M. Feather
Handler, Henning & Rosenberg
P.O. Box 60337
Harrisburg, PA 17106
3. I will notify all parties in writing within two days that this case has
been listed for arganent.
la) far plainilif:
Address;
Ib) fur defemant:
Address :
4. ArgUnent Court Date:
October 23, 2002
Dated: 8/14/02
~ G~~~
Attorney for Defendants
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ANGELA HYKES,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
WILLIAMS GROVE AMUSEMENT,
INC., and WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK,
: NO. 01-2992 Civil Term
Defendants
PRELIMINARY OBJECTION OF DEFENDANTS
WILLIAMS GROVE AMUSEMENT. INC. AND WILLIAMS GROVE. INC.
TO PLAINTIFF'S AMENDED COMPLAINT
NOW COME Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc. d/b/a
Williams Grove Amusement Park (hereinafter "instant Defendants")! by its attorneys, Shumaker
Williams, P .C., to make the following Preliminary Objection, pursuantto Pennsylvania Rule of Civil
Procedure 1028(a)(4), to the Plaintiff's Amended Complaint:
1. In Count! of Plaintiff' s Amended Complaint, she purports to state a cause of action
for "Respondeat Superior" and seeks damages from the instant Defendants in an amount in excess
of$25,000.
2. In Count II of Plaintiff' s Amended Complaint, she purports to state a cause of action
for "False Imprisonment" and seeks damages from the instant Defendants in an amount in excess
of $25,000.
!The Plaintiff's Amended Complaint is defective as to Morgan C. Hughes and Ingrid
Hughes; Plaintiff's Amended Complaint violates Pennsylvania Rule of Civil Procedure 1018
because Morgan C. Hughes and Ingrid Hughes are not listed as parties in the caption, even
though Plaintiff has named Morgan C. Hughes and Ingrid Hughes as Defendants and alleged
counts against them in the body of the Amended Complaint. In addition, it is the instant
Defendants' best information and belief that Morgan C. Hughes and Ingrid Hughes have not been
properly served with Plaintiffs Amended Complaint.
3. In Count V of Plaintiff' s Amended Complaint, she purports to state a cause of action
for "Negligent Infliction of Emotional Distress" and seeks damages from the instant Defendants in
an amount in excess of $25,000.
4. In Count VIII of Plaintiffs Amended Complaint, she purports to state a cause of
action for "Intentional Infliction of Emotional Distress" and seeks damages from the instant
Defendants in an amount in excess of $25,000.
5. In Count XI of Plaintiff s Amended Complaint, she purports to state a cause of action
for "Assault and Battery" and seeks damages from the instant Defendants in an amount in excess of
$25,000.
6.
In Count XIII of Plaintiff's Amended Complaint, she purports to state a cause of
action for "Gross Negligence/Outrageous Conduct" and seeks compensatory and punitive damages
from the instant Defendants in an amount in excess of $25,000.
7. Plaintiffs claims in Counts I through XV are premised on an investigation that the
instant Defendants conducted, including examination of Plaintiff, when they suspected that Plaintiff
stole money while selling tickets as an employee of the instant Defendants.
8. Plaintiff claims that she was injured by this investigation.
9. Thus, Plaintiff alleges that she was injured by the negligent and/or intentional acts
of her employer, the instant Defendants, and/or its employees.
10. Plaintiff has failed to state any valid cause of action in the Amended Complaint
against the instant Defendants because the Pennsylvania Workmen's Compensation Act ("PWCA")
provides the exclusive remedy against an employer for injuries occurring within the course and scope
of employment. 77 Pa.C.SA s481(a).
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11. The legal immunity which is afforded to employers under the PWCA extends not only
to acts of negligence, but also to claims based on intentional, wanton, and willful misconduct.
12. Furthermore, as a result of the PWCA, an employer cannot be held directly or
vicariously liable to a plaintiff for any harm caused by the acts of its employees, regardless of
whether the conduct was intentional or negligent.
13. Section 411 of the PWCA provides thatthe term "injury arising in the course of [her]
employment" shall not include "an injury caused by an act of a third person intended to injure the
employe because of reasons personal to him, and not directed against him as an employe or because
of his employment." 77 Pa.C.S.A. ~411(1).
14. In order for an injury to an employee, caused by the act of a third party, to come
within this "personal animus" exception to the PWCA, a plaintiff must allege that the injury was
caused for purely personal reasons and not because of his or her employment. Groffv. Southland
Com., 956 F. Supp. 560 (M.D. Pa. 1997).
15. In an effort to circumvent the PWCA, Plaintiff alleges that Morgan C. Hughes and
Ingrid Hughes falsely accused Plaintiff of stealing money "for personal reasons."
16. In direct contradiction of this averment, Plaintiff also contends that Morgan C.
Hughes and Ingrid Hughes, "at all timers] material to this action, [are] the owner[s], agent[s],
representative[s], employee[s], and/or servant[s] of' the instant Defendants. See Amended
Comolaint, ~~3-4.
17. Plaintiff has failed to aver in her Amended Complaint that she was not acting within
the scope of her employment when she was allegedly injured by the investigation or that the instant
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Defendants, Morgan C. Hughes, or Ingrid Hughes were acting outside the scope of their
employment.
18. Furthermore, Plaintiff has failed to state any allegations establishing a personal
animus, concerning the conduct of Morgan C. Hughes and Ingrid Hughes.
19. A mere recital that the owners and agents of the instant Defendants accused the
Plaintiff of stealing "for pell"Sonal reasons" does not avoid the bar of the PWCA.
20. Accordingly, Plaintiff fails to state valid claims of "Respondeat Superior," "False
Imprisonment," "Negligent Infliction of Emotional Distress," "Intentional Infliction of Emotional
Distress," "Assault and Battery," and "Gross Negligence/Outrageous Conduct" against the instant
Defendants.
WHEREFORE, Defendants Williams Grove Amusement, Inc. and Williams Grove, Inc.
d/b/a Williams Grove Amusement Park respectfully request that, pursuant to Pennsylvania Rule of
Civil Procedure 1028(a)(4), this Honorable Court sustain its Preliminary Objection to Plaintiffs
Amended Complaint on the basis that it is legally insufficient.
SHUMAKER WILLIAMS, P.C.
Dated: r {I ~/ d ~
By {N~ u-(5vV~
David R. Breschi, J.D. #59001
Melissa A. Swauger, I.D. #82382
P.O. Box 88
Harrisburg, P A 171 08
(717) 763-1121
Attorneys for Defendants
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CERTIFICATE OF SERVICE
I, Melissa A. Swauger, Esquire, of the law firm of Shumaker Williams, P .C., hereby certifY
that I served a true and correct copy of the foregoing Preliminary Objection of Defendants Williams
Grove Amusement, Inc. and Williams Grove, Inc. to Plaintiff s Amended Complaint on this date by
depositing a copy of the same in the possession of the United States Mail, first-class, postage
prepaid, addressed as follows:
Gregory M. Feather, Esquire
HANDLER, HENNING & ROSENBERG, LLP
P.O. Box 60337
Harrisburg, PA 17106
SHUMAKER WILLIAMS, P.C.
Dated:
<6( I ~ I~J--
By
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Melissa A. Swauger
P.O. Box 88
Harrisburg, P A 171 08
(717) 763-1121
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ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 01-2992 Civil Term
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-captioned matter settled, discontinued and
satisfied.
BY:
. eather, Esq.
1 0 Linglestown Rd.
Harrisburg, PA 17110
Tel. No.: 717-238-2000
Supreme Court ID No. 79456
Attorneys for Plaintiff
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ANGELA HYKES,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
WILLIAMS GROVE
AMUSEMENT, INC., and
WILLIAMS GROVE, INC.,
d/b/a WILLIAMS GROVE
AMUSEMENT PARK
Defendants
NO. 01-2992 Civil Term
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please substitute the attached Verification for the attorney's Verification in the
Plaintiff's Answer to Defendants' New Matter filed with your office on December 15,
2003, in this matter.
Thank you.
By
DATE: l'd!?1!200f
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Attorneys for Plaintiff
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VERIFICATION
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