HomeMy WebLinkAbout03-6177ANDREW WOLFE,
V.
Plaintiff,
ROGER STAMBAUGH, t/d/b/a
BAR-B-Q TAVERN,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
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 CA/~NOT 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
(717) 249-3166
Les hah demandado a usted en la corte. Se usted guiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o pot abogado y archhivar en la corte en
forma escrita sus defensas o sus objeciones a las demandas en
conra de su persona. Sea avisado qui si usted no soe defiende,
la corte tomara mmedidas y purde entrar una orden contra usted
sin previo aviso o notoficacion y pro cualquier queja o alivio
que es pedido en la peticion de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDO A UN ABODAGO IMMEDIATEMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICIAN CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, PA 17013
(717) 249-3166
ANDREW WOLFE,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaimiff,
¥. :NO:
ROGER STAMBAUGH, t/d/b/a
BAR-B-Q Tavern,
Defendant.
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes the Plaintiff, Andrew Wolfe, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Complaint:
1. The Plaintiff, Andrew Wolfe, is an adult individual having as an address 350 N.
Middlesex Road, Suite 3, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant. Rogert Stambaugh, is an adult individual who is the owner and
operator of the Bar-B-Q Tavern located on Route 11, 1243 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania.
3. The facts and occurrences hereinafter occurred at or about April 19, 2003, at or
after 12:00 a.m. at the address contained in paragraph 2 above.
4. At all times relevant hereto, the Plainfiffwas a police officer employed by the
Middlesex Police Depat huent, and was on duty.
5. At the aforementioned time and place, the Plaintiffresponded to a police call at
the address contained in paragraph 2 above.
6. The call was as a result of a patron at the Bar-B-Q Tavern who was threatening
other patrons.
7. Plainfiffresponded in his capacity as of police officer.
8. At the aforementioned time and place, the patron, Roy Flowers, assaulted the
Plaintiff, causing severe injuries to the Plaintffi' that include but are not limited to:
A. Broken wrist;
B. Severe sprain; and
C. Trauma at or about the nervous system.
9. The aforementioned patron, Roy Flowers, did assault the Plalntiffby engaging
in a fight with the Plaintiff.
10. The aforementioned conduct of Roy Flowers, patron of the Bar-B-Q Tavern,
was a direct and proximate result of the Defendant, Roger Stambangh, t/d/b/a Bar-B-Q
Tavern's conduct in:
Serving the patron after the patron was visibly intoxicated;
Serving the patron after the patron had consumed too much alcohol;
Serving the patron after thc patron was intoxicated;
-2-
D. Serving the patron a sufficient amount of alcohol to permit the patron to
become visibly intoxicated;
E. Failing to provide sufficient security so as to prevent the patron from
becoming visibly intoxicated; and
F. Falling to observe the patron so as to prohibit the patron fi~om drinking
alcohol to the point of becoming visibly intoxicated.
11. As a result of the conduct of the Defendant in serving the patron, Roy
Flowers, after the patron was visibly intoxicated, the Defendant did cause the injuries as
contained in paragraph 8 above.
12. As a result of the injuries contained in paragraph 8 above, the Plaintiff has in
the past and will in the future undergo great pain and suffering.
13. As a result of the aforementioned injuries, Plaintiffhas in the past and will in
the future undergo inconvenience and loss of life's pleasures.
14. As a result of the aforementioned injuries, Plaintiff suffered a loss of
employment for six (6) weeks for a lost wage of in excess of $5,000.00.
15. As a result of the aforementioned injuries, Plaintiff has sustained medical
expenses for treatment at the Carlisle Medical Center and also for treatment by an
orthopedic surgeon.
-3-
16. Plaintiff believes and therefore avers that as a result of the injuries, Plaintiff
will suffer from an arthritic condition in his wrist that is permanent in nature.
WHEREFORE, Plaintiff prays this court to grant judgment in favor of the Plaintiff
and against the Defendant in an amount in excess of $20,000.00.
Respectfully submitted,
Mancke, Wagner & Spreha
~~~h~ W~er, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Plaintiff
Date: /g//'7//:x.~
-4-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
SHERIFF'S RETURN -
CASE NO: 2003-06177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WOLFE ANDREW
VS
STAMBAUGH ROGER TDBA BAR-B-Q
REGULAR
ROBERT BITNER ,
Cumberland County,Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
1st day of December ,
by handing to
ADULT IN CHARGE
& NOTICE together with
says, the within COMPLAINT & NOTICE
STA_MBAUGH ROGER T/D/B/A BAR-B-Q TAVERN
DEFENDANT , at 1424:00 HOURS, on the
at 1243 HARRISBURG PIKE
CARLISLE, PA 17013
SUE STEVANENS, BARTENDER,
a true and attested copy of COMPLAINT
2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this /D-~ day of
A.D.
~ Prothonotary ·
So Answers:
R. Thomas Kline
12/02/2003
MANCKE WAGN~REHA
~ Deputy Sheriff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
CASE NUMBER: 03-6177
Plaintiff,
ISSUE NUMBER:
RICHARD STAMBAUGH tJd/b/a BAR-B-
Q TAVERN
Defendant.
PLEADING:
PRELIMINARY OBJECTIONS IN
THE NATURE OF A DEMURRER
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
RICHARD STAMBAUGH t/d/b/a BAR-B-
Q TAVERN, Defendants.
COUNSEL OF RECORD:
CHESTER A. DUDZINSKI, ESQUIRE
Pa. ID# 53456
CIPRIANI & WERNER, P.C.
1100 Two Chatham Center
112 Washington Place
Pittsburgh, PA 15219
(412) 281-2500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaimiff,
)
v. )
)
RICHARD STAMBAUGH t/d/b/a BAR-B-Q )
TAVERN )
)
Defendant.
) CASENO: 03-6177
)
)
PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER
AND NOW COMES THE DEFENDANT, RICHARD STAMBAUGH t/d/b/a
BAR-B-Q TAVERN by and through their attorneys, CIPRIANI & WERNER, P.C. by
CHESTER A. DUDZINSKI, ESQUIRE, and files these PRELIMINARY OBJECTIONS,
wherein the following representations and averments are made:
1. The plaintiff in this matter, Andrew Wolfe, filed a Complaint in Civil
Action against this Defendant, Richard Stambaugh, t/d/b/a Bar-B-Q Tavern, arising out
of an incident that occurred on or about April 19, 2003.
2. According to the Plaintiff's Complaint, the Plaintiff was a police officer
who responded to a police call at the Defendants' address. See Complaint at Paragraph 5,
a tree and correct copy of which is attached hereto as Exhibit "A'.
3. According to the Plaintiff's Complaim, the call was a result of a patron at
the Bar-B-Q Tavern who was threatening other patrons, and the Plaintiff responded in his
capacity as a police officer. See Complaint at Paragraphs 6-7.
4. Newspaper reports and a police report issued in this matter reveal that the
patron who was threatening others is an individual by the name of Roy Flowers. See
Exhibit "B," a tree and correct copy of the police report issued in this matter. This
incident report number bears the Incident Investigation Report Number of
20030419M3120.
5. Paragraph 10 of Plaintiff's Complaim contains the sole allegations of
liability against this Defendant. This paragraph states as follows:
"10. The aforementioned conduct of Roy Flowers, patron of the Bar-B-Q
Tavern, was a direct and proximate result of the Defendant, Roger Stambaugh
t/d/b/a Bar-B-Q Tavern's conduct in:
B.
C.
D.
Serving the patron after the patron was visibly intoxicated;
Serving the patron after the patron had consumed too much alcohol;
Serving the patron after the patron was intoxicated;
Serving the patron a sufficient amount of alcohol to permit the patron to
become visibly intoxicated,
Failing to provide sufficient security so as to prevent the patron from
becoming visibly intoxicated; and
Failing to observe the patron so as to prohibit the patron from drinking
alcohol to the point of becoming visibly intoxicated."
6. It is believed, and therefore, averred that Paragraph 10 is intended to be
alleged against this Defendant, and not Mr. Flowers. Regardless, portions of paragraph
10 raise allegations for which no recovery under Pennsylvania law exists.
7. Specifically, it is alleged that this Defendant's liability arises out of its
operation of a licensed establishment to serve alcoholic beverages in Pennsylvania.
8. Furthermore, 47 Pa.C.S.A. § 4-497 states as follows:
"Liability of licensees - No licensee shall be liable to third persons on
account of damages inflicted upon them off of the licensed premises by
customers of the licensee unless the customer who inflicts the damages
was sold, furnished or given liquor or malt or brewed beverages by the
said licensee or his agent, servant or employee when the said customer
was visibly intoxicated."
9. Portions of Paragraph 10 present allegations of potential liability for which
no cause of action or fight of recovery exists under Pennsylvania law.
10. Specifically, Plaintiff (a third person) presents numerous allegations which
attempt to impose liability against this Defendant for actions off of the licensed premises
for actions other than actions related to service of alcohol to an individual who was
visibly intoxicated.
11. Those allegations attempting to impose liability where no liability may
exist under Pennsylvania law include the following portions of Paragraph 10:
Serving the patron after the patron had consumed too much
alcohol;
Serving the patron after the patron was intoxicated;
Serving the patron a sufficient amount of alcohol to permit patron
to become visibly intoxicated,
Falling to provide sufficient security so as to prevent the patron
from becoming visibly intoxicated; and
Falling to observe the patron so as to prohibit the patron from
drinking alcohol to the point of becoming visibly intoxicated."
12. That is, Pennsylvania's Dram Shop statute, specifically 47 Pa.C.S.A. § 4-
497, has been interpreted by Pennsylvania's courts as a statute limiting liability to certain
cimumstances, which circumstances limit a third person from bringing suit against a
Pennsylvania Liquor Control Board licensee to circumstances where the licensee has
served alcohol while one is visibly intoxicated. See, for instance, Hiles vs. Brandywine
Club, 662 A.2d 16 (PA. Super 1995).
13. In the event that these portions of the Plaintiff's Complaint are stricken,
the Plaintiff maintains a cause of action under Pennsylvania Dram Shop statute,
specifically 47 P.S. § 4-493, which states as follows:
"It shall be unlawful for any licensee, board, employee, servant or agent of
such licensee or of the board, or any such other person, to sell, furnish or
give any liquor or malt or brewed beverages, or to permit any liquor or
malt or brewed beverages, alcoholic beverages, or permit alcoholic
beverages to be sold, furnished or given, to any person visibly intoxicated,
or to any insane person, or to any minor, or to habitual drunkards, or
person of known intemperate habits."
14. Aside from Paragraph 10 (A), the remaining portions of Plaintiffs
Complaint attempt to impose liability for actions, which are not recognized as exceptions
to the limitations of liability under Pennsylvania law and, accordingly, must be stricken.
WHEREFORE, this Defendant requests that this Honorable Court strike portions
of Plaintiffs Complaint for which no cause of action exists under Pennsylvania law,
specifically any and all causes of action which attempt to impose liability other than
allegations that the patron, Mr. Roy Flowers, was served alcohol while visibly
intoxicated.
BY:
Respectfully submitted,
CIPRIANI & WERNER, P.C.
CHESTER A. DUDZINSKI, ESQLllRE
Attorney for the Defendant,
RICHARD STAMBAUGH t/d/b/a BAR-V-
Q TAVERN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaintiff,
)
v. )
)
RICHARD STAMBAUGH t/d/b/a BAR-B-Q )
TAVERN )
)
Defendant.
) CASENO: 03-6177
)
)
ORDER OF COURT
AND NOW, THIS DAY OF ,2004, in
consideration of the Defendant's Preliminary Objections, these Preliminary Objections
ARE GRANTED. The Plaintiff's Complaint is stricken to the extent that it raises any
causes of action, excepting only causes of action under 47 Pa.C.S.A. § 4-493 (1), a.k.a.
Pennsylvania's Dram Shop Statute. Paragraphs 10 B-F are striken from the Complaint,
while Paragraph 10 A is not dismissed.
,J.
1~/11/03 1~:4~ FAX 608 231 2776 CAPITL I.~q)EI~ITY ~]002
Dec 8', 11:28 :US by: Kim Payne (11:36) Pg 4 o~ 16
ANDREW WOLFE.
91aintiff,
ROGER eTAVrBAUGi[, t/dtb/a
BAP,-B-Q TAVERN,
Dmf~ndant.
JURY TRIAL D~IiA/~DED
NOTI~
You have been sued in court. If you wi~h to defend against
tbs claims set forth in the following pages, you must take action
within twenty [20[ days after this Col~laint ~d notice are
$=rved, by entering a written ap~eara.nce perso~lly or by
attorney and filing' in writing with th~ Court your defenses or
objections to the claims set forth against you. You are
that ~f you fail to do so the case ~ay procee~ without you and a
judgment may be entered ag~nst you by the Court without further
notice for any mo~ley claimed in the Complai~%t or for any other
claim or relief requested by the Plaintiff. You ~ay lose money
or property or other rights iz~Dort~/lt to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE5 AT ONCE. IF YOU
NOT IL~VE 2% L2%WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
~ lC...SET FORT~ BELOW TO FIND OUT WH~P.E YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY B~ZiS$OCIATION
2 LIBERTY AVF2N~J~
..Carlisle, PA 17013
1717) 249-3166
12,f11/03 12:42 FAX 608 231 2776 CAPITL I~q)E~INITY ~003
o~ 16
Dec 8~ 11:28 :US by: Kim Payne
(21:37)
Fg 5
ANDREW WOLI~,
ROGER STAMBAUGH~ t/d/b/a
B^ R-B--Q Tavern,
Dcq'¢ndant.
: IAI l~ COURT OF COMMON PLI~%S
; CUMBERLAND coLR, rrY, P~/qNSYLVANIA '
;NO:
:
: CIVIL ACTION - LAW
: J'UR¥ TRIAL .Dlgl~A.NDI'fD
COMPLAINT
AND NOW, comes the Plailll~f~ An&ow Wolfe, by md ~ugh ~s att~e~,
Mancke, W~n~ & Sp~h% ~d ~les ~e follo~g Compl~t
I. ~.e PI~ g~ WoKe, is ~ aimt ~dividml h~ ~ ~ ad~s 350 N.
~d~esex Roa4 S~e 3, C~k~le, Cmb~lm~d ComW,
2_ ~e ~m~[ R~ S~, is ~ ~t ~d~ who is ~c ox~ ~
operato~ ~fthe B~-B-Q Tavern lomt~ ~ Rou~ I i, [243 Hmb~g P~e,
C~b~d Co~, Pe~i~
3. ~e fio~ ~d ~ca~ h~er ocz~ed a; or about A~il 19, 2~3, at or
4. At ~ 6roes ~le~ he.to, the Plain~ w~ a poUce officer cmploy~ by th=
Mid~esex PoHce ~p~enL ~d ~ ~
12/11/02 12:42 FAX 608 231 2776 CAPITL INDEMNITY
Dec 8, 1I:28 :US by: Kim payno (I~:38)
Pg 6 of
[~004
5. At the zt'm~menlioned time mid pl~e~ tl~'Plain~ff responded to'* pQlic~'~tll
thc address co~taincd ~ p~h 2 above.
6. ~ ~ ~ ~ a reset of a p~ m t~ B~-~Q Tav~ who ~
Broken
C. Trauma ~ ~ about ~e nm, o~
9. The gor~fion~ p~om R~ ~s, &d ~saull ~ Pl~nfiffby mgagfllg ·
10. Thc ~omm~oned ~duct of Roy ~ow~ ~ of~e ~-BzQ T~.
Tayto% eouduc~
B.S~ ~e pa~ a~r ~e pa~ h~ cm~d too mu~
Scrag ~e pa~on ~r ~e pauon ~s
12/11/03 12:42 FAX 008 231 2776 CAPITL INDE~ITY
D~C8, 11:28 :US Dy: Rim ~ayne (11:39)
lug 7
~005
~£ ~5
D. ' Set'ri~gtl~epalroll~-mzfliei~ntamomato£alcolaoltol[~Xmdtflle
~ome ~dbly ~W~te~;
E.F~i~g W pm~de s~cicnt sec~ so ~ to ~vmt
~cou&g ~ibly into~ca~ ~d
F. F~g to obse~ ~c pa~ so ~ ~ ~h~
~bol m ~e ~t ofb~omfl~g ~sibly
i 1. As a reset of~e c~du~ of tim De~nd~t ~ s~ ~e ~, Roy
Flowers, after the ~a~n was v~ly i~o~eate~ ~e Def~t did cause
~n~e~ in p~h 8 above,
12. ~ a reset of the inj~ ~t~ed ~ pm~ph 8
~e ~ and wi~ ~ ~e ~ ~d~o gr~ p~ ~8 ~.
13. As a r~t ofO~e afommenOoa~ ~j~es, PI~s
the future ~d~go ~eon~ce ~d lo~ of life's pleuras_
14. As a result of the ~or~fio~ mimics, Plfin~ s~ a toss of
~mptoyzn~t for six {6) w~s rot a ]osl w~e of~ excess
15. As a resffit of~e ~brmeafioa~ ~j~. P~n~ sustdned
*~e. ms for ~a~mt at 0~ ~sle M~ ~t~ ~d ~so f~ ~ent by
offiiopedic
12/11/03
12:42 FA~ 608 231 2776 CAPITL INDEMNITY
21:28 :US by: Kim Payne (11:40)
~g 8
~006
o£ ~
I6. Plaintiffbe.lieve$ and therefore avcxs ~hat as a result oFlhe injuries, Pl~hitiff
will suffea- from' aa arthritic ¢omiifiou in his wl%-'t that is pcrra~arnt ~ nature.
WHEREFORE, Pl~infi~prays th/s coart lo grant judgm~n! in favor o£(he Plaintiff
;md agams! the DeFendant in an ~molmt irt excess of $20,000.00.
RespecffaLly sutrmi~d.
Maneke, Wagner & Spreha
I.D. #23 t03
2:233 North Front $~reet
H~risb~, PA 17l 10
(717) 234~7051
for PlaintS'
1~/11/03 12:43 FAX 608 231 2776
~'ec 8'~ 11:28 :US by: Klm Payne
CAPITL I NDEI~N I TY
(11:42) Pg 1! of 16
20030419M3120 (01)
Last Known Secur~ : 04/19/2003 s~tuZday 00:07
TIME ~ Received~ 00:07 / Dispatched: 00:07 / ]%rrived: 00:08 / Cleared; :
~e, apon/Tool$: additional weapon:
Persons Involved
.Grid: 410 -- 8AR--B-Q TAYE~N
Number of Victim~: I ~ of O£fen~ers: I P~r~ona F-nvol~::t: 5
~, CA~Mz (~9g00357)
.Incident Cla$~if.: 2450
Type: INDLVIDU~L/PERSQ~ (~OT L.E.OF~CBR)
SS~: 167-60-4663
tleight~ 505 weight: 200 Eye: B~ ~r:
O~/STATE: 20372888
Rom~: Q7 BUTTONWOOD LANE
CARLISLE PA 17013-
Work Phone: ~XT:
Employer:
/PA
Home 8hone: 717-6'9i-362'2
Cell Phon~: Pager:
- Alias
Incident Clas$if.: ~50
How Charged: ARRESTED
Height: 508 Weight: 190 Bye:
12/11/03
U'=c 8'; 11:28 :US by: Klm Payne
,~ s I~-~
OLd/STATE: 426~7819~
12:44 FAX 608 231 2776 CAPITL INdEmNITY
~]010
(11:43) Pg 12 'of 16
.200304'19M3t 20 (01}
Computer Use: N
Home P~ODe: 601-469-:L704
Home: 509 FOREST
MS 39094
Work phone:
Employer: cELADON ~RUCKING SERVICES ~NC. 9503 · 33 ~T INDI~OLI~ IN ~6235
DOCUMENTS ON
- Arrest R~port - Criminml Co~a~laint - Affid. Of Probable
Arrest Report
04/19/2003
CONTACT p_~o~"R, ~ ~
zmcident clms~if.: 2450
Type: INDIV~DU~,/PEBSON (N~ L.~.O~FIC~R) .Injury:
SS~: 326-58-1827
Heigh=: 51O Weight: 165 Bye: Hair: ~ BUild: T~N C~pl-:
Clothing: ~CK T-SHIRT ~ J~S ~CK HURON ~ S~I~ BL
G~M ID n~r: Date ~n=er~d: / / ~te']k~lea~ed: / /
o~/STATE: ~5547323
Homer 22210RCHAR~ ROAD
CA~{~ HILL PA 17011
Work phone: DXT:
Employer:
/Pa
Hol~e Phone:
cell PhOO~=
DOCLg4~NTS ON FILE:
Incld~nt Classlf-: ~450 ~Ap~SSME~T
Type: INDIVIDQAL/PERSON (NOT L,~.OFTICE~) Injury:
Age/~D: 33 ~9/14/1969 R~Ce: W Sex: M ~th~ic: N ~arital:
SS9~ 171-60-0~79
O~/~/STATE: 221O3495 /PA
RECENCY WOODS NORTH
CARLISL£ PA 17013-
Hor~e Phone: 717-7'96-608~
12/11/03 12:44 PAI 606 231 2776 CAPITL Ii~'DE)~NIT¥ ~011
D'ec 8.; 11:28 :US by: Kim Payne (11:44) Pg 13 of 16
· ,~ , ., ~ i~'~'~-'~-"~l
WOrk phone: 717-699-09D0 EXT: Call Phone: ,
Smployer: '
717--697"0900
~CP~C~, ~I
Incident Classif-.: 2450
T~P~ INDIVIDOAL/~RSO~ (NOT L.E.OFFIC~B) Injury:
A~e/~B: 2B ~5/16/197A Race: · ~SX: M Ethnic: N Marital:
SS~: 64~-~9-363~
Height: O ~eight: O Sy~: ~mir: Build: ~D COmpl-:
G~ ID n~er: Date Entered: / /
Home: 543 MCFHERSON
C~/4EKON NC 283269148
Work Phone:
F~ployer:
Home phone:
.Ceil'Phone:
Summary
Reednc: N
//
Saturday, ~z~ril 19, 200] at appro%imately 0007 hrs., O~licer A/ldrew
Wolfe was dispatched to the Bar-B-Q Tavern, lZ43 Harrisburg Pike, Middlesex
Township for a cus~omer threatening to stab another rust.met with a knife.
Whem officer Wolfe arriv=d he spok~ to the bartender who ~aid that he
th0u~ht he had the problem under ¢0~tzol. officer Wolfe then s~oke to
Cathy McKee, wl%o told him t~t the defendant ha~ been following her through
k~fe and ~litting her =~oat. The bmrten~er mlso told Officer Wolfe that
he personally told the defendant to ~top ~ering the o~her cust~rs in
the bar and to stop bowering the victim, Ca~y Mc~e. officer Wolf~ ~poke
to other witnesses who ~Dfi~ed ~cKee~s ~tory. officer Wolfe, who h~d
be~n Joined by officer Daniel Tingle, also of ~he Niadl~s~x Township
PoliCe Department, went to talk to the def~nd~n~, of~t. cer
officer Wolfe his na~ as ROY ~OW~S, dmte of bi=th and social security
~C~ pTL D~IE~ TINGL~ ~ 09 page:
12:44 FAX 608 231 2776
12/11/03
~c g'; 1!:28 :US by: Kim Payne
~ P~'~ . -
CAPITL INDEF~ITY
(11:45) Pg 74 of
~, ~19~113120 (01)
pro=ided, O~ficer Wolfe was infoz~ued that nb suc~, per,on was listed in
wolfe neared the defe~Lmnt, ~.LO~ER$ l~ged at Officer ~ol~e, ~tri~g
(office~ Wolfe's) right ~ and ~nd- The def~n~nt spit bl~d from his
u~til help arri~d. ~lowers was then r~d by a~i~ting officers
012
16
from 800-347-2398. He ~ted to k~ow if the cz~n~&n_v' could sm~d someone
CERTIFICATE OF SERVICE
That counsel for the defendant, RICHARD STAMBAIJGH t/dgo/a BAR-V-Q
TAVERN, hereby certifies that a tree and correct copy of its PRELIMINARY
OBJECTIONS IN THE NATURE OF A DEMURRER has been served on all counsel of
record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil
Procedure, on the [ ~ day of December, 2002.
P. Richard Wagner, Esquire
Mancke, Wagner & Spreba
2233 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
CIPRIANI & WERNER, P.C.
BY:
CHESTER A. DUDZINSKI, ESQ~
Attorney for the Defendant,
RICHARD STAMBAUGH ffd/b/a BAR-V-
Q TAVERN
CIPRIANI rd WERNER
A PROFESSIONAl, CORPORATION
Gerard J. Cipriani
Walter E. Werner, III
Chester A. Dudzlnski
Michael W. Smith
Timothy G. Sullivan
Judith A. Moses *
Carl E. 1 tarvison
Mike Adams ^
Julia E. Snow
William J. Moorhead, Jr.
Francis A. Veltri
Stephen A. ltall
Michael R. I.ettrlch *
Justin M. Walsh
Michael Ii. Barrett°
Ix)ri L Thierfeldt
Nicholas A. Cerimele, 111
ATTORNEYS AT [,AW
Suite 11(10
Two Chatham Center
Pittsburgh, Pennsylvania 15219-3437
Telephone (412) 281-2500
Fax: 1412) 281-2089
www. C-WLAW.com
Harrisburg Office:
1017 Mumma Road
l.emoyne, PA 17043-1145
Telephone 1717) 975-9600
Philadelphia Office:
Suite 111
482 Norristown Road
Blue Bell, PA 19422-2352
Ielephone (610) 567-0700
Scranton Office:
Suite 210
Oppenheim Building
409 1 ackawanna Avenue
~'ranton, PA 18503-2059
lelephone (570) 347-0600
Special Counsel
* Also admitted in WV
^ Also admitted in the Distdct of Columbia
° Also admitted in Illinois
Writer-s E-mail: cdudzinskia~c-wlaw corn
December 18, 2003
Ms. Margaret Walters
Gallagher Bassett Services, Inc. - Hbg
8 Flowers Drive
Mechanicsburg, PA 17055
Ms. Lisa Culp
Waste Management - Risk (KY)
806 Hoods Creek Pike
P.O. Box 670
Ashland, KY 41105-0670
RE:
Angela Plahs and Terry Plahs - Waste Management and Frank Minnick
Claim No.: 003000-106430-AB-01
Our File No.: 1033-13106
Dear Ms. Walters and Ms. Culp:
I have not received verification that you have received the eyewitness' recorded
statement. For this reason, enclosed please find Mr. Jakicic's recorded statement, lfyou have
any questions, please contact me.
Very truly yours,
Chester A. Dudzinski
CAD/kkt
Enclosure
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaintiff,
RICHARD STAMBAUGH
t/d/b/a BAR-B-Q TAVERN
Defendant.
CASE NUMBER: 03-6177
ISSUE NUMBER:
PLEADING:
PRAECIPE FOR APPEARANCE
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
RICHARD STAMBAUGH t/d/b/a BAR-B-
Q TAVERN, Defendants.
COUNSEL OF RECORD:
CHESTER A. DUDZINSKI, ESQUIRE
Pa. ID# 53456
DENNIS P. CULLEN, ESQUIRE
Pa. ID# 80389
CIPRIANI & WERNER, P.C.
1100 Two Chatham Center
112 Washington Place
Pittsburgh, PA 15219
(412) 281-2500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE ) CASE NO: 03-6177
)
Plaintiff, )
v. )
)
RICHARD STAMBAUGH )
t/d/b/a BAR-B-Q TAVERN )
)
Defendant. )
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY'
Kindly enter my appearance on behalf of the defendant, RICHARD
STAMBAUGH t/dPo/a BAR-B-Q TAVERN, in the above-captioned matter.
Respectfully submitted,
CIPRIANI & WERNER, P.C.
A JURY TRIAL IS DEMANDED
BY:
DENNIS P. CULLEN, ESQIS. bl~E
Attorney for the Defendant,
RICHARD STAMBAUGH
t/d/b/a BAR-B-Q TAVERN
CERTIFICATE OF SERVICE
That counsel for the defendant, RICHARD STAMBAUGH t/d/b/a
BAR-B-Q TAVERN, hereby certifies that a true and correct copy of its PRAECIPE FOR
APPEARANCE has been served on all counsel of record, by first class mail, postage pre-
paid, according to the Pennsylvania Rules of Civil Procedure, on the 17th day of
December, 2003.
P. Richard Wagner, Esquire
Mancke, Wagner & Spreba
2233 North Front Street
Harrisburg, PA 17110
BY:
Respectfully submitted,
CIPRIANI & WERNER, P.C.
DENNIS P. CLLLEN, ESQUIRE, J
Attorney for the Defendant,
RICHARD STAMBAUGH
t/d/b/a BAR-B-Q TAVERN
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(F~3St be typewritten and sut~tted in duplicate)
TO THE PROTHONOTARY OF CUMBERL~ND cOUNTY:
Please list the within matter for the next Ar~t Co~.
CAPTION OF CASE
(entire caption ~t be stated in
ANDREW WOLFE
(p) aintiff)
RICHARD STAMBAUGH t/d/b/a B~R-B-Q TAVERN
w
( Defe~ant )
No. 6177 Civ~ Yes ~ 2003
State matter to be argued (i.e., plaintiff's motion for new tr~l, defendant's
de,Nurser to cc~!a4nt, etc. ):
Defendant's Preliminary Objections
Identify counsel whow~11 argue case:
(a) for p]alntiff: P Richard Wagner, Esquire
~u%~ress: 2233 North Front Street
Harrisburg, PA 17110
(b) for defendant: Chester Dudzinski~ Esquire
;~ess: 1100 Two Ctlatham Center
Pittsburgh, PA 15219
1411 notify all parties in writingwithin two days that this case bas
been listed for ar~t.
YES
Ar~t Couz~ ~ate: February 4, 2004
Attorney for ~_3
ANDREW WOLFE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD STAMBAUGH t/d/b/a
BAR-B-Q TAVERN,
DEFENDANT
: 03-617'7 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO
PLAINTIFF'S COMPLAINT
BEFORE BAYLEY j.
ORDER OF COURT
AND NOW, this 4th day of February, 2004, the preliminary objections of
defendant to plaintiff's complaint, ARE DISMISSED.
Edgar B. Bayley, J.
~"~P. Richard Wagner, Esquire
For Plaintiff
~/Chester Dudzinski, Esquire
For Defendant
:sal
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaintiff,
RICHARD STAMBAUGH t/d/b/a BAR-B-
Q TAVERN
Defendant.
CASE NUMBER: 03-6177
ISSUE NUMBER:
PLEADING:
PRAECIPE FOR APPEARANCE
CODE AND CLASSIFICATION:
FILED ON BEHALF OF:
RICHARD STAMBAUGH t/d/b/a BAR-B-
Q TAVERN
COUNSEL OF RECORD:
DENNIS J. BONETTI, ESQUIRE
Pa. ID# 34329
CIPRIANI & WERNER, P.C.
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaintiff,
)
v. )
)
RICHARD STAMBAUGH t/d/b/a BAR-B-Q )
TAVERN )
)
Defendant.
) CASENO: 03-6177
)
)
PRAECIPE FOR APPEARANCE
TO: PROTHONOTARY OF CUMBERLAND COUNTY
Kindly enter my appearance on behalf of the defendant, RICHARD
STAMBAUGH t/d/b/a BAR-B-Q TAVERN, in the above-captioned matter.
A JURY TRIAL IS DEMANDED
Res' )ectfully submitted,
BY~ (_A
D7
~-~,4k~ & WERNER, P.C.
qNIS J. BONETTI, ESQUIRE
~ditomey for the Defendant
CHARD STAMBAUGH t/clPo/a BAR-B-
Q TAVERN
CERTIFICATE OF SERVICE
That counsel for the defendant, RICHARD STAMBAUGH t/d/b/a BAR-B-Q
TAVERN, hereby certifies that a tree and correct copy of its PRAECIPE FOR
APPEARANCE has been served on all counsel of record, by first class [nj~l, postage pre-
paid, according to the Pennsylvania Rules of Civil Procedure, on the ] c~- day of
February, 2004.
P. RichardWagner, Esquire
Mancke, Wagner&Spreba
2233North Front Street
Ha~isburg, PA 17110
Re~
~ectfully submitted,
~I?/(~/WERNER, P.C.
~/' ~
NIS J. BONETTI, ESQUIRE
A) omey for the Defendant
RICHARD STAMBAUGH t/d/b/a BAR-B-
Q TAVERN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
ANDREW WOLFE
Plaintiff,
PENNSYLVANIA
CIVIL DIVISION
CASE NUMBER: 03-6177
ISSUE NUMBER:
ROGER STAMBAUGH t/d/b/a BAR-B-Q
TAVERN
Defendant.
PLEADING:
ANSWER AND NEW MATTER
CODE AND CLASSIFICATION:
TO: Andrew Wolfe
Y.,OEV'A~EREBY NOTIFIED TO PLEAD TO THE
1, ESQUIRE
FILED ON BEHALF OF:
ROGER STAMBAUGH t/d/b/a BAR-B-Q
TAVERN,
Defendants.
COUNSEL OF RECORD:
DENNIS J. BONETTI, ESQUIRE
Pa. ID# 34329
CIPRIANI & WERNER, P.C.
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL DIVISION
ANDREW WOLFE
Plaintiff,
ROGER STAMBAUGH t/d/b/a BAR-B-Q
TAVERN
Defendant.
)
)
)
)
)
)
)
)
)
CASE NO: 03-6177
JURY ]7RIAL DEMANDED
ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER
And now, comes Defendant, Roger Stambaugh, t/d/b/a Bar-B-Q Tavern ("Mr.
Stambaugh") by and through his counsel, Cipriani & Wemer, and files the following
Answer with New Matter to Plaintiff, s Complaint.
1. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief to the truth of the averments contained in
paragraph 1 of Plaintiff,s Complaint and the same are therefore denied.
2. Admitted.
3. Denied. The averments contained in paragraph 3 are denied pursuant to
Pa.R.C.P. 1029(e).
4. Admitted.
5. Denied. The averments contained in paragraph 5 are denied pursuant to
Pa.R.C.P. 1029(e).
6. Denied. The averments contained in paragraph 6 are denied pursuant to
Pa.R.C.P. 1029(e).
7. Admitted
8. Denied. The averments contained in paragraph 8 are denied pursuant to
Pa.R.C.P. 1029(e). To the extent a further answer is required, it is specifically denied
that a patron, Roy Flowers, assaulted Plaintiff on the premises of the Bar-B-Q Tavern.
By way of further answer, after reasonable investigation, Mr. Stambaugh is without
knowledge or information sufficient to form a belief as to the truth of the averments
concerning the nature and extent of injuries suffered by Plaintiff and the same is therefore
denied.
9. Denied. The averments contained in paragraph 9 are denied pursuant to
Pa.R.C.P. I029(e).
10. Denied. Defendant is advised by counsel and therefore avers that the
allegations contained in paragraph 10 including sub-paragraphs (a) through (f) inclusive
state conclusions of law to which no answer is required. To the extent a further answer is
required, the averments contained in paragraph I 0 including sub-paragraphs (a) through
(f) inclusive are denied pursuant to Pa.R.C.P. 1029(e).
11. Denied. The averments contained in paragraph 11 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the truth of the
averments concerning the nature and extent of injuries suffered by Plaintiff and the same
is therefore denied.
12. Denied. The averments contained in paragraph 12 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the truth of the
averments concerning the nature and extent of injuries suffered by Plaintiff and the same
is therefore denied.
13. Denied. The averments contained in paragraph 13 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the troth of the
averments concerning the nature and extent of injuries suffered by Plaintiff and the same
is therefore denied.
14. Denied. The averments contained in paragraph 14 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the troth of the
averments concerning the nature and extent of injuries suffered by Plaintiff and the same
is therefore denied.
15. Denied. The averments contained in paragraph 15 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the truth of the
averments concerning the nature and extent of injuries suffered by Plaintiff and the same
is therefore denied.
16. Denied. The averments contained in paragraph 16 are denied pursuant to
Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation, Defendant
is without knowledge or information sufficient to form a belief as to the troth of the
averments concerning the nature and extent of injuries suffered by Plaintiffand the same
is therefore denied.
WHEREFORE, Defendant, Roger Stambaugh demands judgment in his favor and
against Plaintiff without costs.
NEW MATTER
17. Plaintiff's claims may be barred by the applicable statute of limitations.
18. Plaintiff's alleged injuries and damages, if any, which are specifically
denied, may have been caused, either in whole or in part by the acts or omissions of third
parties other than Defendant.
19. Plaintiff's alleged injuries and damages, if any, which are specifically
denied, may have been pre-existing, either in whole or in part and are not causally related
to the accident giving rise to the present litigation.
20. It is believed and therefore averred that no altercation occurred on the
premises and/or property of the Bar-B-Q Tavern.
21. It is believed and therefore averred that if an altercation occurred between
Plaintiff and Roy Flowers, it occurred at the Middlesex Township Police Department.
22. Roger Stambaugh, t/d/b/a Bar-B-Q Tavern is immune from suit under the
facts and circumstances of the present case pursuant to the Pennsylvania Dram Shop
Statute.
23.
Plaintiff's claims are reduced or barred by the Comparative Negligence
Act. Plaintiff's contributory negligence consisted of, but is not limited to:
a. Failing to take appropriate precautionary measures to avoid the
alleged altercation with Mr. Flowers;
b. Failing to timely call for assistance;
c. Allowing Mr. Flowers to get in a position to attempt the alleged
alternation;
d. Failing to take appropriate evasive maneuvers to avoid the alleged
altercation; and
e. Failing to take appropriate precautions for Plaintiff's own safety.
24. Discovery may reveal that Plaintiff's claims may be barred in whole or in
part by one or more affirmative defenses set forth in Pa.R.C.P. 1030, which are
incorporated herein by reference including, but not limited to, assumption of the risk,
collateral estoppel, res judicata, release or immunity from suit.
25. Plaintiff's Complaint fails to state a cause of action upon which relief can
be granted.
26.
of the Risk.
27.
28.
These Defendants assert as an affirmative defense Plaintiff's Assumption
At no time was Mr. Flowers served alcohol while visibly intoxicated.
The alleged service of the alcohol to Mr. Flowers was not the proximate
cause of any and alleged injuries, damages or losses, which are not admitted, and which
are denied.
29. At no time did any of these Defendants violate any mandates of the
Pennsylvania Liquor Liability Code, or any other mandates of the Pennsylvania law.
30. These Defendants claim that the No Duty Doctrine under Pennsylvania
law prohibits the Plaintiff from recovering in this case.
31. The claim for injuries, losses and damages alleged in the Plaintiff's
Complaint were a result of independent and intervening causes over which this Defendant
had no control and/or in no way participated.
WHEREFORE, Roger Stambaugh, t/d/b/a Bar-B-Q Tavern demands judgment in
By:
his favor and against Plaintiff without costs.
CIPRIANI & WERNER, P.C.
1017 Mumma Road
Lemoyne, PA 17043
(717) 975-9600
VERIFICATION
I hereby affirm that the following facts are correct:
Roger Stambaugh, t/d/b/a Bar-B-Q Tavern, is a Defendant in the foregoing action.
The attached Answer With New Matter is based upon information which I have furnished
to my counsel and information which has been gathered by my counsel in preparation for
this lawsuit. The language of the Answer With New Matter is that of counsel and not of
me. I have read the Answer With New Matter and to the extent that the Answer With
New Matter is based upon information which I have given to my counsel, it is tree and
correct to the best of my knowledge, information and belief. To the extent that the
content of the Answer With New Matter is that of counsel, I have relied upon counsel in
making this verification. I hereby acknowledge that the facts set forth in the aforesaid
Answer With New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to
unswom falsification to authorities.
Dated:
6ger Stamb~-ugh, ~-B-Q Ta~e~n
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer With
New Matter has been duly served upon all counsel of record and parties of interest by
Le~,~o~,~ e...
depositing the same in the United States mail, first class, postage prepaid, in I~,
t
Pennsylvania, on this day of ,2004, addressed as
follows:
P. Richard Wagner, Esquire
Mancke, Wagner & Spreba
2233 North Front Street
Harrisburg, PA 17110
ANDREW WOLFE,
Plaintiff,
ROGER STAMBAUGH, t/d/b/a
BAR-B-Q Tavern,
: IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANL~
: NO: 03-6177
· CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendant.
~ANSWER TO NEW MATTER
AND NOW, comes the Plaintiff, Andrew Wolfe, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Answer to New Matter:
17. Denied. It is denied that Plaintiff's claims are barred by the applicable statute
of limitations.
18. Denied. It is denied that Plaintiff's injuries and damages are caused in whole
or in part by the acts or omissions of third parties other than Defendant.
19. Denied. It is denied that PlaintifFs alleged injuries and damages were pre-
existing, either in whole or in path and further, it is denied that they are not related to the
accident giving rise to the present litigation.
20. Denied. It is denied that no altercation occurred on or near the property of the
Defendant.
21. Plaintiff is without knowledge as to the "belief' of the Defendant, therefore
the same is denied and strict proof is demanded at the time of trial.
22. Denied. It is denied that the Defendant is immune from liability under the
Pennsylvania Dram Shop Statute.
23. Denied. It is denied that cloims are reduced or barred by the Comparative
Negligence Act. It is further denied that the Plaintiff was contfibutorily negligent in:
Foiling lake appropriate precautionary measures to avoid the altercation;
Falling to time call for assistance;
Allowing Mr. Flowers to get in a position to attempt the alleged altercation;
Failing to take appropriate evasive maneuvers to avoid the alleged
altercation; and
E. Falling to take appropriate precautions.
24. Denied. It is denied that Plaintiff's cloims are barred in whole or part by any
affirmative defense.
25. Denied. It is denied that Plaintiff's Complaint fails to state a cause of action.
26. Denied. It is denied that Plaintiff assumed the risk of the injuries that he
sustained.
27. Denied. It is denied that at no time was Mr. Flowers served alcohol while
visibly intoxicated.
-2-
28. Denied. It is denied that the selMce of alcohol to Mr. Flowers was not the
proximate cause of injuries, damages or losses which hurt the Plaintiff.
29. Denied. It is denied that the Defendant did not violate the mandates of the
Pennsylvania Liquor Liability Code or any other mandates of the Pennsylvania law.
30. Denied. It is denied that the Defendants claim under the No Duty Doctrine is
applicable and otherwise prohibits Plaintiff recovery.
31. Denied. It is denied that the claim for injuries, losses or damages to the
Plaintiff were a result of any independent and intervening causes over which the
Defendant had no control and/or in no way participated.
WHEREFORE, Plaintiffrequests this court to dismiss the New Matter of
Defendant.
Date:
Respectfully submitted,
Mancke, Wa:
net & Spreha
.~ ',hard Wagner, Esquire
· #23103
!233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Plaintiff
-3-
VERIFICATION
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of M3tNCKE,
WAGNER, and SPREHA, do hereby certify that I am this day serving
a copy of the foregoing document to the following persons and in
the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing the same in the United States Mail, Harrisburg,
with first class postage, prepaid, and addressed as
Pennsylvania,
follows:
Dennis J. Bonetti, Esquire
Cipriani & Werner, P.C.
1017 Mumma Road
Lemoyne, PA 17043
By
Debra K. Spinner, Secretary
PUtNCKE, WAGNER, & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Plaintiff
DATE: