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HomeMy WebLinkAbout03-5795TIMOTHY L. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - 5745 8(4c-/ WANDA L. WHITMER, t/d/b/a/ HOT POINT INN, and ROBERT L. WHITMER, Defendants CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter and against the following Defendants: Wanda L. Whitmer c/o Hot Point Inn 100 Hot Point Avenue Shippensburg, Pennsylvania 17257 Robert L. Whitmer R & R Roofing 111 Walnut Dale Road Shippensburg, Pennsylvania 17257 WEIGLE & ASSOCIATES, P.C. Dated: 13/44 3 By: Richard L. Webber, Jr., Esqui Attorney for Plaintiff Attorney I.D. #49634 126 East King Street Shippensburg, PA 17257 Telephone (717) 532-7388 WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 z c: m CD G? G cn m r' _y m 1 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS TIMOTHY L. ANDERSON Plaintiff Vs. WANDA L. WHITMER T/DB/A HOT POINT INN 100 HOT POINT AVENUE SHIPPENSBURG, PA 17257 ROBERT L. WHITMER R& R ROOFING 111 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 Defendant Court of Common Pleas No. 03-5795 CIVIL TERM In CivilAction-Law To WANDA L. WHITMER, T/DB/A HOT POINT INN, AND ROBERT L. WHITMER, You are hereby notified that TIMOTHY L. ANDERSON, the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date NOVEMBER 3, 2003 _91M.?/1 - • Deputy Attorney: Name: RICHARD L. WEBBER, JR, ESQUIRE Address: WEIGLE & ASSOCIATES, P.C. 126 EAST KING STREET SHIPPENSBURG, PA 17257 Attorney for: Plaintiff Telephone: 717-532-7388 _ Supreme Court ID No. 49634 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Timothy L. Anderson, Court of Common Pleas Plaintiff VS. No. 03-5795 Civil Term In Civil Action - Law Wanda L. Whitmer t/d/b/a Hot Point Inn 100 Hot Point Avenue Shippensburg, PA 17257 Robert L. Whitmer R&R Roofing 111 Walnut Dale Road Shippensburg, PA 17257, Defendants TO THE PROTHONOTARY: JURY TRIAL DEMANDED PRAECIPE Please note our appearance for the Defendants and issue a rule upon the Plaintiff to file his complaint within twenty (20) days of service of the rule or suffer judgment of non pros. KELLER, KELLER, FREY F1N4 BECK, LLC By jonn, 2teller Pa. Supreme Court I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for the Defendants November 12, 2003, Rule to File Complaint Issued. Prothonotary C,71 - CERTIFICATE OF SERVICE I, John N. Keller, Esquire, attorney for the Defendants, certify that I mailed a true copy of the foregoing praecipe upon the following persons at the following addresses, by depositing same in the United States mail, First Class postage prepaid: Richard L. Webber, Jr., Esquire WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 Date: KELLER, KELLER, FREY AND BECK, LLC 7 ? B 2 _.. Y Jo N. el er P Supreme Ct. I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3.331 Attorney for the Defendants m o r c ?' o m c cr SHERIFF'S RETURN - REGULAR CASE NO: 2003-05795 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON TIMOTHY L VS WHITMER WANDA L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WHITMER WANDA L T/D/B/A HOT POINT INN the DEFENDANT , at 2047:00 HOURS, on the 5th day of November , 2003 at 111 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 by handing to WANDA WHITMER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.42 Affidavit .00 Surcharge 10.00 .00 40.42 Sworn and Subscribed to before me this /'/ !?' day of rothonotary So Answers: R. Thomas Kline 11/06/2003 WEIGLE & ASSOC -? - - By. V/ A Sh U/Yf Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-05795 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON TIMOTHY L VS WHITMER WANDA L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon WHITMER ROBERT L the DEFENDANT , at 2047:00 HOURS, on the 5th day of November , 2003 at 111 WALNUT DALE ROAD SHIPPENSBURG, PA 17257 WANDA WHITMER, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ?Y day of 2-B?3 A. D. ar y , ak?o?i <--?otchon GLot ry ' So Answers: R. Thomas Kline 11/06/2003 WEIGLE & ASSOC By: j ? l o l 7 DeSheri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy L. Anderson, Plaintiff No. 03-5795 Civil term vs. Wanda L. Whitmer, t/d/b/a Hot Point Inn, and Robert L. Whitmer, Defendants TO THE PLAINTIFF: . IN CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer Containing New Matter within twenty (20) days from service hereof or a judgment may be entered against you. KELLER, KELLER,FFRREY AND BECK, LLC By "4 ?,ViC. 7 // Joh6 1116 Keller, Esq. h Pa. Supreme Ct. I.D. #25577 343-B South Potomac Street Waynesboro, PA 17268 (717) 762-3331 Attorney for the Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Timothy L. Anderson, Plaintiff No. 03-5795 Civil term vs. Wanda L. Whitmer, t/d/b/a Hot Point Inn, and Robert L. Whitmer, Defendants IN CIVIL ACTION - LAW . JURY TRIAL DEMANDED ANSWER 1. Admitted. 2. Denied in that Defendant Wanda L. Whitmer resides at 117 Walnut Dale, Shippensburg, PA. 3. Denied in that Defendant Robert L. Whitmer resides at 10 Ivy Lane, Shippensburg, PA. 4. Denied. To the contrary, Defendant Wanda L. Whitmer did not own the Hot Point Inn. In November 2001 and at all times relevant to this action the Hot Point Inn has been owned by R & W Whit-Co, Inc., a business corporation. 5. Denied in that, after reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the time when the Plaintiff arrived at the Hot Point Inn. The allegation that the Plaintiff was a business patron at the time of his arrival is a conclusion of law to which no responsive pleading is required. 6. Denied. To the contrary, the Plaintiff, without provocation, assaulted Defendant Robert L. Whitmer by striking him on the chest and such assault was the only physical contact between the Plaintiff and Defendant Whitmer. 7.-11. Denied in accordance with Pennsylvania Rule of Civil procedure 1029(e). 12. The content of paragraphs 1 through 11, supra, is incorporated herein by reference. 13. The allegations contained in paragraph 13 are specifically denied., The content of paragraph 4, supra, is incorporated herein by reference and the Defendants note that, at all relevant times, persons employed at the Hot Point Inn were agents and/or employees of R & W Whit-Co, Inc. - not of either or both of the Defendants. Furthermore, any physical altercation and injury sustained by the Plaintiff was the result of the Plaintiff's own unlawful conduct. The content of paragraph 6, supra, is incorporated herein by reference. 14. Denied in accordance with Pennsylvania Rule of Civil procedure 1029(e). WHEREFORE, Defendant Wanda L. Whitmer demands judgment in her favor together with costs. 15. The content of paragraphs 1 through 14, supra, is incorporated herein by reference. 16. This paragraph of the complaint consists of an incorrect conclusion of law which the Defendant specifically denies. 17. Denied. The allegation of breach of duty is an incorrect conclusion of law which the Defendant specifically denies. Furthermore, the content of paragraphs 6 and 13, supra, is incorporated herein by reference. Any physical harm sustained by the Plaintiff was caused by the Plaintiff himself in assaulting Defendant Robert L. Whitmer without provoca--ion. 18.-19. Denied in accordance with Pennsylvania Rule of Civil procedure 1029(e). WHEREFORE, Defendant Wanda L. Whitmer demands judgment in her favor together with costs. 20. The content of paragraphs 1 through 19, supra, is incorporated herein by reference. 21. Denied. To the contrary, in response to the Plaintiff's inquiry directed to him, "who the f_ are you?" Robert L. Whitmer said that he was "in charge." 22. Denied. The content of paragraph 4, supra, is incorporated herein by reference. 23. This paragraph of the complaint consists of an incorrect conclusion of law which the Defendant specifically denies. 24. Denied. The allegation of breach of duty is an incorrect conclusion of law which the Defendant specifically denies. Furthermore, the content of paragraphs 6 and 13, supra, is incorporated herein by reference. Any physical harm sustained by the Plaintiff was caused by the Plaintiff himself in assaulting Defendant Robert L. Whitmer without provocation. 25. Denied in accordance with Pennsylvania Rule of Civil procedure 1029(e). WHEREFORE, Defendant Robert L. Whitmer demands judgment in his favor together with costs. 26. The content of paragraphs 1 through 25, supra, is incorporated herein by reference. 27. This paragraph of the complaint consists of a conclusion of law to which no response is required. It is specifically denied that anyone was an agent, employee o servant of Defendant Robert L. Whitmer at any relevant time. 28.-31. Denied in accordance with Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Defendant Robert L. Whitmer demands judgment in his favor together with costs. NEW MATTER 32. At all times relevant to this action the restaurant liquor license for the Hot Point Inn has been held by R & W Whit- Co, Inc. which owns and operates the Hot Point Inn. 33. At all relevant times, the persons working at the Hot Point Inn were agents and/or employees of R & R Whit-Co, Inc. and not the Defendants in this action. 34. In or about the early morning hours of November 4, 2001, the Plaintiff confronted Defendant Robert L. Whitmer with the question "who the f_ are you?" Defendant Robert L. Whitmer responded, "I'm in charge," whereupon the Plaintiff violently struck Defendant Whitmer in the chest. 35. The contact which occurred when the Plaintiff struck Defendant Robert L. Whitmer in the chest was the only physical contact between the two men. The altercation and any injury sustained by the Plaintiff was the direct and proximate result of his own unlawful conduct in assaulting Defendant Robert L. Whitmer. 36. Furthermore, the Defendants believe and, therefore, aver that any injury to the Plaintiff on the early morning in question was sustained when a woman backed into him with an open car door. WHEREFORE, the Defendants demand judgment in their favor together with costs. Respectfully submitted, KELLER, KELLER, FR.EY AND BECK, LLC By: J Z5 e 7 er, Esq. pre me Court I.D.#:25577 343-B South Potomac Street Waynesboro, PA 17268 Telephone (717)762-3331 Attorney for the Defendants The foregoing answer with new matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: 11? p b -k4c' I Robert G. Whitmer The foregoing answer with new matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Date: Wanda L. Whitmer CERTIFICATE OF SERVICE I, John N. Keller, Esq. hereby certify that I have served a true and correct copy of the foregoing Answer With New Matter on the following person by placing a copy of the same in the United States mail, first class mail, directed to their office address as follows: Richard L. Webber, Jr., Esq. WEIGLE & ASSOCIATES 126 East King Street Shippensburg PA 17257 KELLER, ELLER, FF' AND BECK, LLC By VeRID- ?bhn'N. Keller, Esq. Supreme Court I.D.#25577 343-B S. Potomac Street Waynesboro, FA 17268 Date: December 29, 2003 C7 N (_ cS Ca ! i rP C'7 f' 1 C"} CTj C^,) Cl) C7 6 s r`? cr -? TIMOTHY L. ANDERSON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WANDA L. WHITMER, NO. 03-5795 Civil Term t/d/b/a/ HOT POINT INN, and IN CIVIL ACTION - LAW ROBERT L. WHITMER, Defendants JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW comes the Plaintiff, Timothy L. Anderson, and files this Answer to New Matter, averring the following: 32. The allegation that R&W Whit-Co., Inc., owns and operates the Hot Point Inn is denied. After reasonable investigation, Plaintiff lacks sufficient information to form a belief as to the ownership of the liquor license. The allegation is therefore denied. 33. Denied. At all relevant times, the persons working at Hot Point Inn were agents and/or employees of Defendants. 34. It is denied that Plaintiff confronted Defendant Robert L. Whitmer and that Plaintiff made the alleged statement. It is denied that Defendant Robert L. Whitmer stated that he was in charge. Robert L. Whitmer stated that he was the owner. It is denied that Plaintiff violently struck Defendant Robert L. Whitmer in the chest. 35. It is denied that Plaintiff struck Defendant Robert L. Whitmer. The allegation that Defendant Robert L. Whitmer did not strike Plaintiff on this or any other occasion is denied. It is denied that Plaintiffs injury was the direct and proximate cause of Plaintiffs conduct. 36. Denied. The injuries sustained by Plaintiff were the direct and proximate cause of the actions of Defendants, their agents, servants and/or employees. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Date: By: `?/ ?l - J--? Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unworn falsification to authorities. Dated: /%!,I O TIMOTHY L. ANDERSON, Plaintiff WEIGLE G ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 C7 , y G C-0 G? Curtis R. Long Prothonotary OffiLP Of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor l):3 - S^19S CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573