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Home My WebLink About10-2014MARCEL BROWN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO: 37 W. HIGH ENTERPRISES, INC d/b/a n a JURY TRIAL DEMANDED - 4 ? FAST EDDIE'S BILLIARD PARLOR & P SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON - t cS Defendants ' - rn 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 judgement 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 YOU 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249 - 3166 or (800) 990 - 9108 plne 05V-7 PM, fff r IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY MARCEL BROWN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO: - 37 W. HIGH ENTERPRISES, INC d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Marcel Brown, through his counsel, Karl E. Rominger, Esquire, and respectfully files the following Complaint, and in support thereof avers the following: 1. Plaintiff, Marcel Brown, is an adult individual residing at 423 North Hanover Street, Apartment #2, Cumberland County, Pennsylvania 17013. 2. Defendant 37 W. High Enterprises is a Pennsylvania corporation d / b / a Fast Eddie's Billiard Parlor & Saloon (herein after "Fast Eddie's"), a duly licensed restaurant doing business at 37-41 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Braam Hattingh is an adult individual and believed to be President of 37 W. High Enterprises, 5130 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, d / b /a Fast Eddie's. 4. At all times mentioned herein, Defendants were in exclusive possession, management, and control of the restaurant known as Fast Eddie's, individually and through their employees who are acting within the course and scope of their employment by Defendants and in furtherance of Defendants' business. 5. On or about March 22, 2008, Plaintiff was a business visitor to Fast Eddie's. A friend accompanied plaintiff and the two of them were peacefully enjoying a game of pool. 6. Plaintiff and his friend took a short break from playing pool to purchase drinks at the bar. 7. As Plaintiff was returning to the pool table area, an assailant wielding a knife attacked Plaintiff from behind, stabbing him first in the left scapula, then also his left arm and the upper left quadrant of Plaintiffs abdomen. 8. It was determined that Plaintiffs wounds were life threatening and warranted emergency air transport via LifeLion helicopter. 9. Plaintiff was flown to Milton Hershey Medical Center's trauma unit. 10. Defendants are upon information and belief, believed to have knowledge of other previous patrons who had entered the restaurant carrying weapons. 11. Defendants also upon information and belief knew or should have known that those weapons have been and could be used to inflict bodily harm on others, including patrons of the saloon. 12. Defendants' are believed to be fully aware of the long history of scuffles, fights and other assorted violent acts that have taken place inside Fast Eddie's premises, many of which have necessitated 911 emergency calls and response by law enforcement. 13. Defendants' are believed to be fully aware that the nature and character of the amenities and entertainment offered by Fast Eddie's, are prone to incite arguments which can easily escalate and expose patrons to violent and even life threatening situations. 14. The assault upon Plaintiff and his injuries are unequivocally the result of Defendants' negligence, carelessness, and recklessness and Defendants' failed to exercise reasonable duty and care to protect Plaintiff while he was enjoying the amenities and services provided by the restaurant 15. Defendant's were negligent as follows; A. Failing to provide adequate on site security in the form of sufficient numbers of trained bouncers; B. Failing to provide metal detection devices to said security, and training them in the use and implementation of the same. C. Failing to screen patrons for metal weapons, sharp objects, blunt devices, and other implements of violence; D. Failing to have the security staff in numbers such that they could adequately patrol, be or otherwise be known, and deter violent acts E. Otherwise failing to secure the premises so that patrons were free from the danger of attack by weapons. F. And otherwise negligent as will be proven at trial. 16. Entirely as a result of the Defendants' negligence, carelessness and recklessness, Plaintiff sustained serious wounds to his left shoulder, left arm, and a life threatening abdominal wound which have caused Plaintiff great pain and suffering, which may continue for an indefinite period of time, and which may be permanent. 17. Also entirely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will in the future be forced to expend monies for medicine and medical care in order to treat and help his injuries. 18. Also entirely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff suffered extreme pain, suffering, shock to the nervous system, and mental, and emotion distress. 19. Again, entirely as a result of Defendants' negligence, carelessness and recklessness, Plaintiff has and will for an indeterminate period of time, be unable to attend to his usual and daily duties and employment, to his fmancial detriment and loss. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendants, and award Plaintiff compensatory damages in an un- liquidated amount in excess of the statutory limits for mandatory arbitration, as well as the costs of this suit and attorney's fees Date: 4a-411D Respectfully submitted, ROMINGER & ASSOCIATES 1 r-- I Karl . Rominger, Esquire Attorney I.D. No. 81924 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241- 6070 Attorney for Plaintiff MARCEL BROWN Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: - 37 W. HIGH ENTERPRISES, INC d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON Defendants JURY TRIAL DEMANDED VERIFICATION I, Karl E. Rominger, Esquire, attorney for the Plaintiff herein, have sufficient knowledge of the facts contained in this Complaint, and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. Date: act k?TE. Rominger, Esquire . CERTIFICATE A r. FLOC ~r ~<~E PREREQUISITE TO SERVICE OF A S ? " ~ '''t, ;~,¢~.;'.~,~( PURSUANT TO RULE 4009. ~s2 { ~ jt 1~ _ ~ i'~ ~' ~~ IN THE MATTER OF: CCOUhT OF COMMON PLEAS MARCEL BROWN TERM, CUMBERLAND -VS- CASE NO: 10-2014 37 W. HIGH ENTERPRISES, INC., ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of GEORGE B. FALLER, JR., ESQ certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 06/01/2010 1.95S 133-H MCS behalf of / S / ~~//~ GEORGE FALL R, J ESQ. Attorney for DEFENDANT DEll-1103517 20618-LO1 r - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: MARCEL BROWN -VS- 37 W. HIGH ENTERPRISES, INC., ET AL COURT OF COMMON PLEAS TERM, CASE NO: 10-2014 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HERSHEY MEDICAL CENTER MEDICAL RECORDS TO: KARL E. ROMINGER, ESQ., PLAINTIFF COUNSEL MCS on behalf of GEORGE B. FALLER, JR., ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 05/10/2010 CC: GEORGE B. FALLER, JR., ESQ. - 11458.5 KARL E. ROMINGER, ESQ. L/O OF KARL ROMINGER 155 HANOVER STREET CARLISLE, PA 17013 MCS on behalf of GEORGE B. FALLER, JR., ESQ. Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 R1.95S 133-H DE02-0659391 20618-COl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARCEL BROWN vs. File No. 10-2014 37 W. HIGH ENTERPRISES, INC., ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MRDICAL. CENT .R (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at _ The MC roi{~. Inc.. 1601 Market Street ~i 800 Phila~ lphia. PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GEORGE B. FALLER JR.. ESO. ADDRESS: _IO E. HIGH STREET ~ARi .I _ PA 1701 TELEPHONE: 015,1246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant BY COURT: Prothonotary/Cle Civil Division JUN O1 2~0 Date: 5/Lo~/D Deputy Seal of the Court 20618-01 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS**HU24 500 UNIVERSITY DRIVE HERSHEY. PA 17033 RE: 20618 MARCEL BROWN Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. Entire hospital medical file, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, files, memoranda, handwritten notes, history and physical reports, medication/ prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, test, and/or medication, lab and diagnostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to aad including the present. Subject MARCEL BROWN 2513 GREENWOOD,,. Social Security #: 165-66-2674 Date of Birth: 07-06-1985 R1.95S 133-H SU10-0843830 20618-LO1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 1 %ep 14 ?MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MARCEL BROWN, V. Plaintiff, 37 W. HIGH ENTERPRISES, INC. d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-2014 CIVIL ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Gerald Henneman, Process Server, being duly sworn according to law, depose and state that a copy of the attached subpoena was personally served on James Walker at 1910 Spring Road, Carlisle, Pennsylvania 17013 on the day of September, 2010. L,) f -Gerald Henneman Sworn to and subscribed before me this ? day of September, 2010 QA Nota lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margafetl Ann Nash, Notary Public Carlisle Bcro, Cu-nb-^r' inn County My Cornmission Expires June 2r;, 2411 Member. Pennsylvania Association of Notaries r MARCEL BROWN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND File No. 10-2014 Plaintiff vs. 37 W. HIGH ENTERPRISES, INC., et al. Defendant TO: Mr. James Walker 1910 Spring Road Carlisle, PA 17013 SUBPOENA TO ATTEND AND TESTIFY 1. You are ordered by the court to come to MARTSON LAW OFFICES, Ten East High Street, (Specify Courtroom or other place) at Carlisle , Cumberland County, Pennsylvania, on October 13, 2010 at 1:30 o'clock, P. K. to testify on behalf of Defendants in the above case, and to remain until excused. 2. And bring with you the following: N/A If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.P.No„234.2(a): Name: George B. Faller, Jr., Esquire Address: Ten East High Street Carlisle, PA 17013 Telephone: 717-243-3341 Supreme Court ID # 49813 Date: Ol U ti al of tht! Court Deputy Official Note: This forlrl of subpoena shall be used whenever a subpoena is issuable, including hearings in ccnnectioil with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C..P.No..2 74.1. If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 7/97) BY THE COURT: Z George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants MARCEL BROWN, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA 37 W. HIGH ENTERPRISES, INC. d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON, Defendants NO. 10-2014 CIVIL ACTION - LAW JURY TRIAL DEMANDED = -:} ORDER OF COURT C7) AND NOW, this `` day of Mac t? , 2011, upon consideration of the within Motion, it is here by ORDERED that James Felix Walker appear for a deposition at Martson Law Offices, 10 East High Street, Carlisle, PA on Thursday, April 21, 2011, at 10:00 a.m. BY THE COURT, By: ? J. Karl E .-Rorni,?Arer, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0ta of 4at01b!'rl'-',F .?. ? ??-? D'Q(??"f('LP r Jody S Smith r0TH00 Chief Deputy P- i A Rt ?i Z .ti 4 ?y ?r V ? f • i?f(? Richard W Stewart ?j]P+ 1 AM 10; 13 Solicitor OF?tCEOFTHFS-ER`F CUMBERLAND CC'U NT PENNSY!yANIA Marcel J Brown vs. Case Number 37 W. High Enterprises, Inc. (et al.) 2010-2014 SHERIFF'S RETURN OF SERVICE 04/18/2011 06:15 PMI- Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2011 at 1815 hours, he served a true copy of the within Order of Court, upon the within named defendant, to wit: James Felix Walker, by making known unto himself personally, at 1910 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. S PHEN ENDER, DEPUTY SHERIFF COST: $34.Op SO ANSWERS, April 19, 2011 RON R ANDERSON, SHERIFF % , CounfySuite Sheriff. Teiecsoff. In:;. MARCEL BROWN Plaintiff v. 37 W. HIGH ENTERPRISES, INC d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2010 - 2014 JURY TRIAL DEMANDED f) o rCD PRAECIPE TO DISCONTINUE =. TO THE PROTHONOTARY: Please mark the above case as settled and discontinued on behalf of the Plaintiff. Date: March 6, 2012 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARCEL BROWN Plaintiff v. 37 W. HIGH ENTERPRISES, INC d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON; BRAAM HATTINGH, individually and d/b/a FAST EDDIE'S BILLIARD PARLOR & SALOON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 2010 - 2014 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Praecipe upon the following by depositing the same in the United States Mail, postage pre-paid, via first class delivery, addressed as follows: Date: March 6, 2012 George B. Faller, Jr., Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, Pennsylvania 17013 Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff