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Home My WebLink About99-02337 Stephen E. Oeduldlg, Eaqulre AlIomey 1.0. No. 43S30 Mlchtlo J. Thorp, Eaqulre AlIomey 1.0. No. 71117 THOMAS, THOMAla HAFER, UP 305 NOItIt Front 51tHl POIIOfIIc:e Box m Hlrrllburg, Ponnlytvlnll 17108 (717) 237-7100 E-MIII; seotllltthlaw.com Attorney, for Defend,nt: Do-MI, Inc. BONNIE L, FOSTER, and her husband, GEORGE FOSTER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 1999-2337 Civil eO-MA, INC., Individually and lIdlb/a THE EMBERS INN AND CONVENTION CENTER, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Plaintiffs and their counsel THOMAS, THOMAS & HAFER i').'.. r:... '"0'..' .~" ..,,~ "".1' ;1i :tf ,;:~ YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. DATE' 1(( Itf, S PH EN E. GEDULDIG, ESQUI ATTORNEY 1.0. #43530 305 NORTH FRONT STREET HARRISBURG, PA 17108 (717) 237-7119 ATTORNEY FOR DEFENDANT BtopI1tn E. Otduldlg, Eoqulnl Altomty I,D. No. 43830 MIclleIt J. Thorp, Eoqulre Altomty 1.0. No. 71117 THOMAS, THOMASa HAFER, UP 308 NoM FronlSl1M1 POll 011Ioo Box ViII H""'"burg, Plnnaytvlnla 17108 (717) 237-7100 E-MIII: seal!lltthlaw.com Aftomoya for DoIIndlnl: Do-MI, Inc. BONNIE L. FOSTER, and her husband, GEORGE FOSTER, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 1999-2337 Civil DO-MA, INC., individually and Vdlbla THE EMBERS INN AND CONVENTION CENTER, Defendant : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW, Defendant Do-Ma, Corporation, Inc., by its undersigned counsel, Stephen E. Geduldlg, Esquire, of Thomas, Thomas & Hafer, LLP, files the following Answer and New Matter to Plaintiffs' Compiaint: 1. Denied pursuant to PaRC.P. 1029(e). 2. Admitted as of April 19, 1997. 3. Denied pursuant to PaRC.P. 1029(e). 4. Admitted.. 5. Denied pursuant to Pa.R.C.P. 1029(e). 6. Denied pursuant to PaRC.P. 1029(e). 7. Admitted.. 8. Denied pursuant to Pa.R.C.P. 1029(e). 9. Denied as legal conclusions and pursuant to PaRe.P. 1029(e). 10. Denied as a legal conclusion. WHEREFORE, Defendant Do-Ma, Corporation, Inc. raspectfully requests that Plaintiffs' Complaint be dismissed In Ita entirety and judgment entered In Its favor. COUNT 1- NEGLIGENCE 11. No response Is required as this Is a paragraph of Incorporation. 12. Admitted that Defendant Do-Ma, Inc. was In ownerahlp, possession and control of the premises and was responsible for maintaining the safe condition of the property that Plaintiff refers to as The Embers Inn and Convention Center. 13. (a) - (I) Denied pursuant to PaRC.P. 1029(e). 14. Denied pursuant to Pa.R.C.P. 1029(e). 15. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 16. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 17. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 18. Denied as legal concluslonG and pursuant to Pa.R.C.P. 1029(e). 19. Denied as a legal conclusion and pursuant to PaRC.P. 1029(e). 20. Denied as legal conclusions and pursuant to PaRC.P. 1029(e). 21. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Do-Ma, Corporation, Inc. respectfully requests that Plaintiffs' Complaint be dismissed In its entirety and judgment entered in its favor. COUNT 11- LOSS OF CONSORTIUM 22. No response is required as this is a paragraph of incorporation. 23. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 24. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Do-Ma, Corporation, Inc. respectfully requests that Plaintiffs' Complaint be dismissed in its entirety and judgment ente..ed in its favor. NEW MATTER j-' !"" ) ~f;: ;-j 25. Defendant Do-Ma Corporation, Inc. Incorporates herein by reference, as if fully set forth at length, Paragraphs 1 through 24 of its Answer to Plaintiffs' Complaint. i 1',::;: iT.''; (:,'-'" ,;1i 26. No act or omission on the part of Defendant caused or contributed to Plaintiffs I I..' ....,,:i\ , .' ~-' '.',;.,.';; 1" ';';;:~ f{[~~lt1 THOMAS, THOMAS & HAFER ST~~RE ATTORNEY I.D. #43530 305 NORTH FRONT STREET HARRISBURG, PA 17108 (717) 237.7119 ATTORNEY FOR DEFENDANT ,.,,",... ,\;~ i,:::j ~' :~,~ r:;hi \i~ [~K H'~~I ~i.~f~ ;L';~ f('~ li.;;.;....~... f'G' : ~/~'r ,~i}r. '4"1~ ~~:~ "'1\ f}:f 4~~ '\t~ '.. :.. "t1 'r ~f) alleged injuries and damages. 27. Plaintiff may have been comparatively negligent and/or assumed the risk of her alleged harm. 28. Defendant may not have owed any duty to this Plaintiff in general, and in particular because any cond~ion, denied as aforesaid, which was allegedly Involved In this accident was open and obvious to the Plaintiff or to any reasonable person similarly s~uated. 29. Plaintiff may have failed to m~igate her injuries and/or damages. WHEREFORE, Defendant Do-Ma, Corporation, Inc. respectfully requests that Plaintiffs' Complaint be dismissed in ~s entirety and judgment entered in ~s favor. DATE: ;'!' ,~ ~ m .. , ~:: , (;: .... ~ ;l N wq e ..~ ~'.' p;'!: ft:!J ~: __1~ ~L;;"' ..., ,,)~ 0 C)C':': "" ;;:~0 ~'-' N . ..r:. "..- Q:'u CI.. LH1J T ...., ~_: VI ~lu.. ~ en "" C1'I i3 . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 19.$..,.- ~.3.3 7 c"..,l'l Civil Action - IXX) Law I ) Equity BONNIE L. FOSTER and GEORGE FOSTER 200 Locuat Avenua Cortlandt, NY 10666 DO.MA . INC., Individually and IId/b/a The Embers Inn and Convention Center 1700 Carlisle Pike. Carlisle, PA 17013 versus Plalntifflsl & Address(es) Defendantls) & Address(es} PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Plesss issue A Writ of Summons in the above.captioned action. lL Writ of Summons Shall be Issued and forwarded to I )Attorney IXX)Sheriff W. Scott Hennlno. Esouire 319 Market Street P.O. Box 1177 Hsrrlsburo. PA 17106 (717) 238-2000 Nams/Addressrrelephone No. of Attorney -- Date: WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(SI HAS/HAVE COMMENCED AN ACTION AGAINST YOU. hI fL., "7..,; .J 12. ~% />rolhonotary " Date: af'>2-; ( /9, (99(1' \by p~C' P C-n?nJ-7,-Y r- ~eputy ( I Check here if reverse is used for additional information 1 ROTHON. . 55 ~? "" :. '. '.; '. ,. .:--: ')- -:>'- ~ q '" ~ d! Q l"v) V) ;2 ~ >- I.l) ;- \ \ '-' ~ - ~ 8 \) 0 1--' ~ ~:-! lJ.t~;? 1 G [-;!i": n_ ~-;Ej <J ~ i ~~f.:: n_ ~ 0 ,. en .,<(f) ~ r" ,., ~ u;;: .J:::': ..-;.:-- ~ ri!~'- "" ':111) ,-:= c.. .Ju... "'-' ." IL C) :::.s <..) C) U DOUGLAS, DOUGLAS'" DOUGI.AS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243.1790 WILUAM P. DOUGLAS. ESQ. Supreme Court J.D.. 37926 GEORGI! F. DOUGLAS, III. ESQ. Supreme Court I.D.. 61886 x .............................................................................................-............... ........T;:j.THE.COURT.OF.CCiMMQN..P'iiiAS.OF...... BONNIE L. FOSTER and CUMBERUlNOCoUNTY PENNSYLVANIA GEORGE FOSTER. PUllNTIFF 1999.. 2117 CIVIL TERM \5 DO-MA, INC., Individually and t/d/b/a THE EMBERS INN and CONVENTION CENTER, CIVIL ACTION UlW l..............................................................................g.~~.Q~.!...............................................................................................................J To: Curtis R. Long. Prothonotary PRAECIPE Please enter my appearance on behalf of the defendant in the above-captioned matter. Date: May 14. 1999 DOUGLAS, DOUGLAS & DOUGLAS by ~ ~ "li;o:ey~!::;;n::t ,>. ..:l' >- l!; t- .-:.'": ~ 9 ~j 2; ltl~.? , :' '-)< .:"'1 ~, --.( :::;".. '.I.. .....:: " , , -, (.j~ . ;.- ..!.. ~ - ~, 1 b.! , " '. ~ -~~. u:: , >- ,,:][ii r:::' ~Q ,. :;;: :5 lI. e-. 0 "" <-> L '(, .".""." rv~, . , ( ~ ~' ,.,. >- Cl ~ 5: f-'. l1.1~? Co? '~;.:J (.)...:, f1:~::: ::.: '-':' ('Ii I;:~ ~- ,I:':"; T ,. '.. .',--,~ C('. LI..../L' .I';'~ -.. ~- ": :c: ti:;1_' J,-~ " .", f.'.: ::c ~.l 1.1.. t5 0"1 :.J 0"1 '-' IN THE COURT OF COMMON PLEAS OF CUMBERI.AND CIVIL DIVISION COUNTY. PENNSYLVANIA BONNIE L. FOSTER and GEORGE FOSTER v. File No. 1999 - 2337 Civil Tem DO-MA, INC., Individually and t/d/b/a THE EMBERS INN and CONVENTION CENTER PRAECIPE AND RULE TO FILE y A COMPLAI NT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on olllintiffo to f"i le a r.nmpl Ain> in the above case within twenty days after service of the rule or the Prothonotary/Clerk, upon praecipe, shall enter a judgment non pros. DATE: Mav 14. 1999 1... ~ / Signature: :r:;..:.z:~1,' 1~7:t;C\1.Q..Y t,;. Print Name:' George F. Douglas, III Attorney for: Defendant Address: 27 West High Street Carlisle, PA 17013 Telephone : 717-243-1790 Supreme Court 10 No.: ~lRRh ! I I , I I I I I I I I I I NOW, !kll.<' 7 Ii , 19~, RULE ISSUED AS ABOVE. ~\.tl >. /1 .?~.. ,r;:. prothDnotaryiCle-;;l, '\:ivll Div. by:-,-Itl-ul~ 6. )j,(d~ I~ Deputy ! I I I 'I I (NOTE: File in duplicate) T-lF-l '. ,... CJ a; ..... ;:" ro_ -..- "'fQ ~ .:!.-r ( - P.:(~ -~ ~;c; "0 .. L. :;. .:-- ~r~- i~;j -. ..". (~ . ." ct~.r - , "- ~ :) ~1i' ;::.: ..'::.:; .~ !t.i.. & - . C"'\ ::) C'l (..) , ~ M ~ ~ " N ::'5~ ~<: t.-17 p,:<-' c: ();i' '.r.:: :,::i ~C :::in II.' ..... UlCl.. I .:);;:: ff!~~: "-m :r. in .L =" !..,!..]n.. I,,' -, ""'" L' C7'\ ::> <:5 0" (.) S. On April 19, 1997, Plaintiff, Bonnie Foster, was intending to utilize the hot tub. As she walked across the deck of the hot tub she was caused to slip on the on a wet, slippery condition on the deck, and was caused to fall harshly to the ground. 6. This slip and fall resulted in Plaintiff, Bonnie Foster, suffering severe pain and injuries to her r::.!ht elbow and shoulder which required immediate and ongoing medical treatment. 7. At all times material hereto, there were no warning signs posted warning of the slippery condition on the deck of the hot tub. 8. At all times material hereto, there were no mats or anti-slippery materials affixed to the deck along the sides of the hot tub, nor were there any handrails along the side of the hot tub, which must be walked across to get to the hot tub's handrail. 9. At all times material hereto, Defendant had allowed a slippery condition to exist at The Embers Inn and Convention Center, on the deck alongside the hot tub, which must be walked on to gain access to the hot tub's handrail. 10. At all times material hereto, Plaintiffs were business invitees upon the premises of The Embers Inn and Convention Center. Count I - Negligence Bonnie Foster v. Do-Ma. Inc.. individuallv and tJdlb/a/ The Embers Inn and Convention Center II. Paragraphs I through 10 are incorporated herein as if set forth at length. 12. At all times material hereto, Plaintiffs believe and therefore aver that Defendant, Do- Ma, Inc. individually and t/dfb/aJ The Embers Inn and Convention Center, was in ownership, 2 possession and control of the premises and were responsible for maintaining the safe condition of the property located at The Embers Inn and Convention Center, including the hot tub area. 13. The occurrence of the aforesaid incident and the injuries to Plaintiff, Bonnie Foster, resulting therefrom, were caused directly and proximately by the negligence of Defendant, Do-Ma, Inc., individually and d/b/a! The Embers Inn and Convention Center, generally and more specifically as set forth below: (a) In causing or pennilling the deck ofthe hot tub at The Embers Inn to become wet and slippery, thereby posing an unreasonable risk of injury to Plaintift: Bonnie Foster, and to other persons lawfully upon the premises; (b) In failing to make reasonable inspection of said premises which would have revealed the existence of the dangerous condition posed by the slippery and wet surface, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (c) In failing to ensure that the common path and the decking area around the hot tub at said premises was maintained in a safe condition to prevent injury to Plaintiff, Bonnie Foster, and other persons lawfully upon said premises; (d) In failing to post a warning sign or device in the area ofthe hot tub to notitY guests of the dangerous slippery and wet condition on the deck of the hot tub; (e) In failing to dry or remove the wet slippery condition from the deck of the hot tub of said premises so as to avoid the situation in which Plaintiff, Bonnie Foster, slipped and fell; 3 (I) In failing to install mats or other anti-slip devices on the deck, along the path to the handrail of the hot tub, so as to avoid the situation in which Plaintiff, Bonnie Foster, slipped and fell; (g) In failing to instPll proper and adequate handrails around the hot tub; (I) In failing to install sufficient and adequate mats or other anti-slip devices on the deck, along the path to the handrail of the hot tub, so as to avoid the situation in which Plaintiff, Bonnie Foster, slipped and fell; and (i) In failing to maintain the path to the handrail, on the deck of the hot tub at said premises in a reasonably safe condition that would prevent a customer from slipping and falling. 14. Defendant, Do-Ma, Inc., individually and tld/b/a! The Embers Inn and Convention Center, had actual knowledge or should have known through the exercise of ordinary care and diligence that there was a slippery, wet condition on the deck, along the side of the hot tub in the area where Plaintiff, Bonnie Foster, fell. IS. As a direct result of the negligence of Defendant, Do-Ma, Inc., individually and tld/b/a! The Embers Inn and Convention Center, Plaintiff, Bonnie Foster, sustained serious injuries including, but not limited to an avulsion fracture of the anterior capsule at its insertion on the comoid process, and severe pain in her right elbow and shoulder. 16. As a result of the negligence ofthe Defendant, Do-Ma, Inc., individually and tld/b/a! The Embers Inn and Convention Center, Plaintiff, Bonnie Foster, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 4 17. As a result of the negligence of the Defendant, Do-Ma, Inc., individually and d/b/aI The Embers Inn and Convention Center, Plaintiff, Bonnie Foster, has been and probably will in the future be hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 18. As a result ofthe negligence of Defendant Do-Ma, Inc., individually and tld/b/aI The Embers Inn and Convention Center, Plaintiff, Bonnie Foster, has and probably will in the future suffer a loss oflife's pleasures. 19. Plaintiff, Bonnie Foster, believes and therefore avers that her injuries are permanent in nature. 20. As a result of the negligence of Defendant, Do-Ma, Inc., individually and tld/b/alThe Embers Inn and Convention Center, Plaintiff, Bonnie Foster, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 21. As a result of the Defendant's negligence, Plaintiff Bonnie Foster, has incurred lost income and may continue to suffer a loss of earnings and earning capacity in the future to her financial detriment. WHEREFORE, Plaintiff, Bonnie Foster, claims damages from Defendant, Do-Ma, Inc., individually and tld/b/aJ The Embers Inn and Convention Center, in an amount in excess of twenty- five thousand dollars ($25,000.00), and demands a trial by jury. ': 5 Count II . Loss of Consortium GeoNe Foster v. Do-Ma, Ine.. Indivlduallv and d/b/a The Emben Inn and Convention Center 22. Plaintiff, George Foster, incorporates and makes part ofthis Complaint paragraphs through 21, as if set forth fully at length. 23. As a result of the negligence of Defendant, Do-Ms, Inc., individually and lid /b/a!The Embers Inn and Convention Center, Plaintiff, George Foster, has suffered a loss of consortium, society, and comfort from his wife, Bonnie Foster, and he will continue to suffer a similar loss in the future. 24. As a result of the Defendant, Do-Ma, Inc., individually and Vd/b/a! The Embers Inn and Convention Center, Plaintiff, George Foster, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention and will be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, George Foster, seeks damages from Defendant, Do-Ma, Inc., individually and d/b/a! The Embers Inn and Convention Center, in an amount in excess of twenty-five thousand dollars ($25,000.00) and demands a trial by jury. Respectfully Submitted, HANDLE .- Date: c:;- -:2 g -9!f By: 6 BONNIE L. FOSTER, and her husband. GEORGE FOSTER. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiffs. v. DO-MA CORP., Individually and d/b/a THE EMBERS INN AND CONVENTION CENTER NO. 1999-2337 JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW, comes the Plaintiffs, Bonnie L. Foster, and her husband, George Foster, by and through their attorneys, HANDLER. HENNING & ROSENBERG. files the following in response to the Defendant's allegations of New Matter: 25. Paragraph 25 is an incorporation paragraph to which no responsive pleading is required. 26. Denied. Based upon the allegations of negligence as set forth in the Plaintiffs' Complaint, it is denied that there was no act or omission on the part of the Defendant that caused or contributed to the Plaintiff's injuries, and proof to the contrary is demanded at the trial in this matter. 27. Denied. The allegation set forth in Paragraph 27 is a conclusion of law to which no responsive pleading is required; however. to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff was comparatively negligent and/or assumed the risk of her injuries, and proof to the ~ c: ?: ;;0: . . .::; ~.~.. .-r lUt.:] Cj .; h:~ ' .'. ''>~ ;1)1.' 1.1... , !;::J , . ~ ..~) ..... "..} I : I J.~ .. './.: .... "llU u. U 1:1.. ,... <;;) ~. t5 In ::'J m 0 , ~ C\J i; "" c;; ;;;: ~9 8~ (:i.;~5 - ~'- -1: 2f~. c... ;,. <;:> ..... f?![jf ~. C\J .5;?: UJ.. rt'h: - Ffi~ :'1.: ::; ro ,... -, ,; l:'5 (:) ::; Q U