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HomeMy WebLinkAbout01-2173 AUSTIN A. TOWNER and ' IN THE COURT OF COMMON PLEAS ANNE TOWNER, Plaintiffs ' CUMBERLAND COUNTY, PA V. · CIVIL ACTION - LAW IRON KETTLE, INC., · NO. O] -a~]7_'~ HEMPT BROS., INC., and MAX C. · -- - HEMPT and J. FORREST HEMPT . t/d/b/a HEMPT BROS., . Defendants · JURY TR/AL DEMANDED NOTIC~ 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 o · · claims set forth a-ain ,,,,, v .............. r objecuons to the rocee ;on am.e ?u ~ ~ r may oe enterea a ainst ou further notice for an,, mo ..... '-' ........ g y by the Court without ~ -cy cm~mea ~n me complaint or for an requested b the Plain ' v,, ...... , ..... .. y other claim or relief Y tiffs - ~,~ ,-a you. · y e money or property or other fights important to YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA~ A LAWYER OR CANNOT AFFO~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COUNTY LAWYER REFERRAL SERVICE Lawyer Referral Service Court Administrator CUMBE~D COUNTY COURTHOUSE I Courthouse Square Carlisle, Pennsylvania 17013 (717)240-6200 NOTICIA LE HAN DEMANDADO A USTED EN IA CORTE. Si usted quiere 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 por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por 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 DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COUNTY LAWYER REFERRAl. SERVICE Lawyer Referral Service Court Administrator CUMBERLAND COUNTY COURTHOUSE I Courthouse Square Carlisle, 17013 (71 .0-6200 WOODSIDE By: A. 3401 N Street P. O. Box Harrisbur 17110-0950 (717) 232 Attorneys for Plaintiffs AUSTIN A. TOWNER and : IN THE COURT OF COMMON PLFAS ANNE TOWNER, · CUMBERLAND COUNTY, PA Plaintiffs : v. : CIVIL ACTION - LAW IRON KETTLE, INC., · NO. o~- .~.7..~ C-~c,~ ""f'~.~. HEMPT BROS., INC., and MAX C. : HEMPT and J. FORREST HEMPT : t/d/b/a HEMPT BROS., : Defendants : JURY TRIAL DEMANDED AND NOW, come the Plaintiffs, AUSTIN A. TOWNER and ANNE TOWNER, by and through their attorneys, METTE, EVANS & WOODSIDE, and files this Complaint, averring as follows' 1. Plaintiff, Austin A. Towner, is an adult individual who resides at 5 Bridle Lane, Camp Hill, Pennsylvania 17011. 2. Plaintiff, Anne Towner, is an adult individual and the wife of Austin A. Towner and resides at 5 Bridle Lane, Camp Hill, Pennsylvania 17011. 3. Defendant, Iron Kettle, Inc., is a Pennsylvania corporation that owns and operates a restaurant located at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 4. Defendant, Hempt Bros., Inc., is a Pennsylvania corporation with a registered office at R.D. # 1, Camp Hill, Pennsylvania (Lower Allen Township). 5. Defendant, Max C. Hempt of Lower Allen Township, Camp Hill, Pennsylvania, and Defendant J. Forrest Hempt of 3025 Market Street, Camp Hill, Pennsylvania, filed an application for carrying on or conducting business under an assumed or fictitious name, Hempt Bros., with the Secretary of the Commonwealth, listing its principal place of business as Lower Allen Township (P.O. Camp Hill, Pa.) Cumberland County. 6. The accident hereinafter related occurred on or about December 9, 1999, on the premises of the Iron Kettle restaurant at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 7. At all times relevant, Defendant, Iron Kettle, operated, supervised, cared for, maintained, owned and/or controlled the premises known as the Iron Kettle Restaurant and its parking lot at 2050 State Road, Camp Hill, Cumberland County, Pennsylvania. 8. At all times relevant, Defendant, Iron Kettle, acted by and through its duly authorized agents, ostensible agents, servants, workmen and/or employees, acting within the scope of their authority and employment and in the course of Defendant's business. 9. At all times relevant, Defendant, Hempt Bros., Inc., was in the process of performing road work at the entranceway of the parking lot of the Iron Kettle. 10. At all times relevant, Defendant Hempt Bros., Inc., acted by and through its duly authorized agents, ostensible agents, servants, workmen and/or employees, acting within the scope of their authority and employment and in the course of Defendant's business. 11. At all times relevant, Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros., was in the process of performing road work at the entranceway of the parking lot of the Iron Kettle. 12. At all times relevant, Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros., acted by and through their duly authorized agents, ostensible agents, servants, workmen and/or employees, acting within the scope of their authority and employment and in the course of Defendant's business. 13. Defendant Iron Kettle, its agents, principals, employees, operators and servants knew that Hempt Bros., Inc. and Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. were performing road work at the entranceway of the parking lot. 14. At all times relevant, Defendant Iron Kettle, was open for business as a restaurant. 15. At about 7:15 p.m. on December 9, 1999, Plaintiff Austin A. Towner went to the Iron Kettle in order to purchase food. 16. At the aforesaid time and place, Plaintiff, Austin A. Towner, was a business invitee of the Defendant, Iron Kettle, to whom the highest degree of care is owed. 17. At the aforesaid time and place, Plaintiff, Austin A. Towner, was in the parking lot of the Iron Kettle having parked his car therein. 18. At the aforesaid time and place, no outdoor/parking lot lighting was provided by Defendant Iron Kettle or Defendant Hempt Bros. Inc. or by Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. 19. At the aforesaid time and place, Plaintiff Austin A. Towner, was transversing the parking lot of the Iron Kettle on his way to the inside of the restaurant when his foot came in contact with an unprotected and unmarked 3" macadam ledge, as a result of which he lost his balance, fell down, and sustained a serious injury. 20. Defendant Iron Kettle had a duty to maintain its premises, including the parking lot, in a safe condition for its patrons, including Plaintiff Austin A. Towner. 21. Defendant Iron Kettle had a duty to provide outdoor lighting in areas of its premises, such as the parking lot, where its patrons would walk. 22. Defendant Iron Kettle had a duty to inspect its premises, including the parking lot, for dangerous and defective conditions. 23. Defendant Iron Kettle had a duty to warn of dangerous conditions on its property. 24. Defendant Hempt Bros., Inc. had a duty to maintain areas where it was conducting construction/roadwork operations in a safe manner. 25. Defendant Hempt Bros., Inc. had a duty to warn of dangerous conditions on areas where it was conducting construction/roadwork operations. 26. Defendant Hempt Bros., Inc. had a duty to light or mark the dangerous conditions where it was conducting construction/roadwork operations. 27. Defendants Max C. Hempt and J. Forrest Hempt, t/d/b/a Hempt Bros., had a duty to maintain areas where it was conducting construction/roadwork operations in a safe manner. 28. Defendants Max (2. Hempt and J. Forrest Hempt, t/d/b/a Hempt Bros., had a duty to warn of dangerous conditions on areas where it was conducting construction/roadwork operations. 29. Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. had a duty to light or mark the dangerous condition where it was conducting construction/roadwork operations. 30. At the aforesaid time and place, the entranceway and parking lot of the Iron Kettle was in a dangerous and defective condition. 31. As a direct and proximate result of the Defendants' negligence as set forth herein, Plaintiff Austin A. Towner suffered the following serious and permanent injuries- a. left shoulder, fight knee, hands, chin and tooth injuries; b. lacerations and abrasions; c. chronic pain in the left shoulder; and d. limitation of motion. 32. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner incurred medical bills and will continue to incur medical bills. 33. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner underwent physical therapy, shoulder manipulation, home exercises and stretching, and was prescribed medication. 34. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner has sustained and may sustain the following damages: a. Past and future pain and suffering; b. Past and furore mental anxiety, humiliation and embarrassment; c. Past and furore incidental costs; d. Past and furore loss of life's enjoyment; and e. Past and future medical expenses. 35. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner has incurred a loss of wages and an impaired future earning capacity. 36. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner has and will continue to suffer great pain, suffering, inconvenience, reduced ability to care for his quadriplegic wife, and discomfort. COUNT I Negligence Austin A. Towner v. Iron Kettle Inc. 37. Plaintiffs incorporate by reference paragraphs 1 through 36. 38. Defendant Iron Kettle was negligent, careless and reckless in the following respects: a. maintaining a parking lot and its entrancewa¥ in such a condition as to allow to exist dangerous conditions such as the macadam ledge which Plaintiff Austin A. Towner tripped over; b. failing to make a reasonable inspection of the parking lot and its entranceway, especially since Defendant Hempt Bros., Inc. and/or Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. was in the process of performing roadwork and construction operation at the entranceway of the parking lot; · · c. failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; d. failing to erect barricades, post signs or to take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and e. failing to remedy the condition of the macadam ledge so as to prevent injury to Plaintiff and others; f. failing to provide outdoor lighting in the parking lot and surrounding outdoor premises of the restaurant. 39. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner sustained injuries and incurred expenses as set forth above. WHEREFORE, Plaintiff Austin A. Towner demands judgment in his favor and against Defendant Iron Kettle, Inc., in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. COUNT II Negligence Austin A. Towner v. Hempt Bros. Inc. 40. Plaintiffs incorporate by reference paragraphs 1 through 39. · · 41. Defendant Hempt Bros. Inc. was negligent, careless and reckless in the following respects- a. creating in the course of its construction operations a dangerous condition such as the macadam ledge in an area where pedestrians and patrons of the Iron Kettle were likely to walk; b. failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; c. failing to erect barricades, post signs or take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and d. failing to light or mark the dangerous condition where it was conducting construction/roadwork operations. 42. As a direct and proximate result of the Defendants' negligence, carelessness and/or recklessness as set forth herein, Plaintiff Austin A. Towner sustained injuries and incurred expenses as set forth above. WHEREFORE, Plaintiff Austin A. Towner demands judgment in his favor and against Defendant Hempt Bros., Inc. in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus costs, interest, and such other and further relief as the Court deems just and appropriate. · . · · ,, .. COUNT III Negligence  Forrest Hem-t, 43. Plaintiffs incorporate by reference paragraphs I through 42. 44. Defendants Max C. Hempt and J. Forrest Hempt r/d/b/a Hempt Bros. were negligent, careless, and reckless in the following respects- a. creating in the course of its construction operations a dangerous condition such as the macadam ledge in an area where pedestrians and patrons of the Iron Kettle were likely to walk; b. failing to give warning to Plaintiff Austin A. Towner and others of the dangerous condition of the macadam ledge in the parking lot and its entranceway; c. failing to erect barricades, post signs, or take other reasonable safety precautions regarding the macadam ledge to prevent injury to Plaintiff and others; and d. failing to light or mark the dangerous condition where they were conducting construction/roadwork operations. 45. As a direct and proximate result of the Defendants' negligence, carelessness, and/or recklessness as set forth herein, Plaintiff Austin A. Towner sustained injuries and incurred expenses as set forth above. WHEREFORE, Plaintiff Austin A. Towner demands judgment in his favor and against Defendants Max C. Hempt and J. Forrest Hempt, t/d/b/a Hempt Bros., in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional 10 limit for reference to compulsory arbitration, plus costs, interests, and such other and further relief as the Court deems just and appropriate. CO~ IV Loss of Consortium An_ne Towner v. Iron Kettle_ Inc. and Hem _ Max C. He t Bros. Inc. 46. Plaintiffs incorporate by reference paragraphs I through 45. 47. As a result of the aforesaid negligence, carelessness, and recklessness of Defendant Iron Ke~e,/nc.; Defendant I-Iempr Bros., Inc., and Defendants Max C. I-Iempr and J. Forresr Hempr r/d/b/a as Hempr Bros., Plaintiff Austin A. Towner suffered severe and permanent injuries and damages as described above. 48. As a direct result of the aforesaid accident, which caused personal injuries ro Plaintiff Austin A. Towner, Plaintiff Anne Towner has lost and will continue lose the companionship, comfort, $ociev/, services, and other forms of consortium of her husband, Austin A. Towner. WHEREFORE, Plaintiff Anne Towner demands judgment in her favor and against Defendants Iron Kettle, Inc.; Hempt Bros., Inc., and Max C. Hempt and d. Forrest Hempt t/d/b/a Hempt Bros. in an amount in excess of $25,000.00, an amount which exceeds the monetary jurisdictional limit for reference to compulsory arbitration, plus 11 costs, interests, and such other and further relief as the Court deems just and appropriate. Res submil ,E BY: CRAIG A. Supreme . #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff DATED: April 12, 2001 SHERIFF, S RETURN - REGULAR CASE NO. 2001-02173 P COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CI/MBERL~D _TOWNER A___USTIN A ET AL VS _IRO___~_N KETTLE INC ET AL KENNETH E. G~OSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRON KETTLE, INC DEFENDANT the , at 2010.00 HOURS, on the 18th day of A__pril at 2050 STATE ROAD ~ , 200_~1 CAMp HIL_____L, PA 17011 by handing to NANCY B~ESHORE OWNER a true and attested copy of COMPLAINT & _NOTICE together with and at the same time directing He____r attention to the contents thereof. Sheriff,s Costs. Docketing 18 00 So Answers. Service - .. Surcharge 10.00 R. Thomas Kline '~' _ .00 36.68-- 04/19/2001 METTE EVeS ~D WOODS ID Sworn and Subscribed to before By- me this ~~~ day of ~ ~o~] SHERIFF' S RETURN - REGULAR CASE NO- 2001-02173 P COMMONWEALTH OF PENNSYLVANIA- COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEMPT BROS INC the DEFENDANT , at 1012-00 HOURS, on the 18th day of April , 2001 at R D 1 CAMP HILL, PA 17011 by handing to EDNA HANPJtTTY RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs- So Answers- Docketing 6.00 Servi ce 8.68 '~' Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 24.68 04/19/2001 METTE EVANS & WOODS IDE · Sworn and Subscribed to before By- me this ~ day of ' v I~eputu//Sh~rif U Pro~h~n~t sty .... ,. SHERIFF'S RETURN - REGULAR CASE NO' 2001-02173 P COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY RETIZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the HEMPT MAX C DEFENDANT , at 1014'00 HOURS, on the 18t_~h day of ~pril , ~00~ at R D 1 CAMP HILL, PA 17011 by handing to EDNA HANRATTY RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing He~r attention to the contents thereof. Sheriff s Costs- So Answers' Docketing 6 00 -' ~ Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 s.00 METTE EVeS & WOODS IDE Sworn and Subscribed to before By- me this 2~{~ day of ~/ SHERIFF' S RETURN - REGULAR CASE NO: 2001-02173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TOWNER AUSTIN A ET AL VS IRON KETTLE INC ET AL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEMPT J FORREST T/D/B/A HEMPT BROS the DEFENDANT , at 1014-00 HOURS, on the 18th day of April , 2001 at R D # 1 CAMP HILL, PA 17011 by handing to EDNA HAN~TTY RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs- So Answers- Docketing 6.00 · ,~. ..~~.,."~-~'~ .,~,,,,~.~,~?~,~,~. ~/ ...... ~,~,,.~,,..~.,~ .~.-, Sworn and Subscribed to before By- me ~h±s . day o~ "' ~ Pr~t~~~ary ~ AUSTIN A. TOWNER and ANNE IN THE COURT OF COMMON PLEAS TOWNER, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA v. NO. 01-2173 IRON KETTLE, INC., HEMPT BROS., CIVIL ACTION - LAW INC., and MAX C. HEMPT and J. FORREST HEMPT t/d/b/a HEMPT JURY TRIAL DEMANDED BROS., Defendants , PRAECIPE FOR ENTRY OF APPI~ARANCF TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendants Hempt Bros., Inc. and Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17!08. (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE AND NOW, this ~-~~day of April, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants Hempt Bros., Inc., and Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Iron Kettle, Inc. 2050 State Road Camp Hill, PA 17011 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE TOWNER, ' No. 01-2173 Plaintiffs, . IRON KETTLE, INC., HEMPT BROS., . INC. and MAX C. HEMPT and J. FORREST · HEM?T, t/d/b/a HEMPT BROS., Defendants · JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, ron Kettle, Inc. in the above-captioned matter. BLAKEY, YOST, BUPP & HERSHNER, LLP ~tyOnald B. H~ Esquire -'------- Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. I.D. #18061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE · No. 01-2173 TOWNER, . Plaintiffs, . IRON KETTLE, 1NC., HEMPT BROS., · 1NC. and MAX C. HEMPT and J. FORREST · HEMPT, t/d/b/a HEMPT BROS., · JURY TRIAL DEMANDED Defendants . NOTICE TO PLEAD TO' Austin A. Towner and Anne Towner c/o Craig A. Stone, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Hempt Bros., Inc. c/o C. Kent Price, Esquire 305 North Front Street Harrisburg, PA 17101 You are hereby notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP By:_~. ~ ald B. Hoyt, ~~re Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #18061 (717) 845-3674 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~~ CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE TOWNER, · No. 01-2173 Plaintiffs, . IRON KETTLE, INC., HEMPT BROS., . INC. and MAX C. HEMPT and J. FORREST · HEMPT, t/d/b/a HEMPT BROS., ' JURY TRIAL DEMANDED Defendants . ~ANSWER 1. The allegations of this paragraph are denied. Atter reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 2. The allegations of this paragraph are denied. Atter reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 3. The allegations of this paragraph are admitted. 4. The allegations of this paragraph are denied. At~er reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 5. The allegations of this paragraph are denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. 6. The allegations of this paragraph are denied pursuant to Pa. R.C.P. ~029(e). 7. The allegations of this paragraph are admitted. However, Plaintiff does not state in this paragraph where the incident occurred. It is denied that the Defendant operated, supervised, cared for, maintained, Owned and/or controlled the location where Plaintiff fell. 8. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 9. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 10. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 11. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 12. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 13. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 14. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 15. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 16. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(0. 17. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 18. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 19. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 20. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 21. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 22. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 23. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. 24. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 25. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 26. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 27. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 28. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 29. The allegations of this paragraph are not addressed to Answering Defendant and therefore require no response. 30. The allegations of this paragraph are denied. They state a legal conclusion to which no response is required. In any case, they are denied pursuant to Pa. R.C.P. 1029(e). 31. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 32. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 33. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 34. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 35. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 36. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). o COUNT I NEGLIGENCE Austin A. Towner v. Iron Kettle Inc. 37. The allegations contained in paragraph 1 through 36 of this Answer are hereby incorporated by reference. 38. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 39. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant requests the Court to dismiss the Complaint against it with costs of suit. COUNT NEGLIGENCE Austin A. Towner v. Hem t Bros. Inc. 40.- 42. These allegations are not addressed to Answering Defendant. COUNT III NEGLIGENCE 43. - 45. These allegations are not addressed to Answering Defendant. COUNT IV LOSS OF CONSORTIUM 46. The allegations contained in paragraph 1 through 45 of this Answer are hereby incorporated by reference. 47. The allegations of'this paragraph are denied pursuant to Pa. R.C.P. 1029(e). 48. The allegations of this paragraph are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant requests the Court to dismiss the Complaint against it with costs of suit. _NEW MATTER 49. At the time stated in the Complaint, Plaintiff was negligent in: a. failing to walk in such a way to avoid injuring himself; b. failing to look where he was going; and c. failing to see what was obvious. 50. At the time stated in the Complaint, Plaintiff assumed the risk in that he: a. failed to walk in such a way to avoid injuring himself; b. failed to look where he was going; and c. failed to see what was obvious. WHEREFORE, Defendant has a full and complete defense to this case and requests dismissal of the Complaint with costs of suit. CROSSCLAIM Iron Kettle, Inc. v. Hempt Bros., Inc. and T ~ ...... * I' ....... -' ~* a. ~, H~n,_pt nro-~ r _ . l~'IlI[J I,~ .... 51. Iron Kettle, Inc. incorporates its Answer to the Complaint and the New Matter as if fully set forth herein. 52. The area where Plaintiff fell was at all relevant times in the care, custody and control of Defendant, Hempt Bros., Inc. and/or its principal, PennDOT. 53. The work that was done that caused the level of the roadway to be difference from that of the surface of the parking lot was done by Defendant, Hempt Bros., Inc. 54. The work of Hempt Bros., Inc. was the cause of Plaintiff's fall and injuries. WHEREFORE, Defendant, Hempt Bros., Inc. is alone liable to the Plaintiffs, liable over to Iron Kettle, Inc., or jointly and severally liable to the Plaintiffs or Iron Kettle, Inc. Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP '~ S. H~'~ ~ Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. I.D. #18061 VERIFICATION I hereby verify that the information set forth in th~ foregoing document is true and correct to the best of my knowledge, information and belief. I understand that any fals~ statements contained herein arc subject to the p~naltics of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE · No. 01-2173 TOWNER, . Plaintiffs, . IRON KETTLE, INC., HEMPT BROS., · 1NC. and MAX C. HEMPT and J. FORREST · HEMPT, t/~b/a HEMPT BROS., · JURY TRIAL DEMANDED Defendants . CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on the person and in the manner indicated below: Service by first class mail on' Craig A. Stone, Esquire C. Kent Price, Esquire METTE, EVANS & WOODSIDE THOMAS THOMAS & HAFER 3401 North Front Street 305 North Front Street P.O. Box 5950 Harrisburg, PA 17101 Harrisburg, PA 17110-0950 BLAKEY, YOST, BUPP & HERSHNER, LLP Date:_ ~/o~/~/ B Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #18061 (717) 845-3674 AUSTIN A. TOWNER and · IN THE COURT OF COMMON PLEAS ANNE TOWNER, · CUMBERLAND COUNTY, PA Plaintiffs : v. · NO. 01-2173 : CIVIL ACTION - LAW IRON KETTLE, INC., : HEMPT BROS., INC., and MAX C. : HEMPT and J. FORREST HEMPT : tYd/b/a HEMPT BROS., : Defendants · JURY TRIAL DEMANDED ItRPLY OF PLAINTIFFS TO NEW MATTER OF D~.F~.NDANT, IRON KETTLE, INC. 49-50. The averments of the corresponding paragraphs of Defendant's New Matter are conclusions of law to which no answer is required. If an answer is deemed required, the same are denied in conformance with ?a.R.C.P. 1029(e). W'~F, RF, FORF,, Plaintiffs demand that Defendant's Ne~ ~tter be dismissed. ! SIDE · Cra~. ne ~qlaire Supreme ~ourtjI.D. #15907 3p?(~.lBNo~r~ F~nt Street Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED' July 10, 2001 ,,VE~FI~TION I, Austin A. Towner, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Austin A. Towner DATED: July 10, 2 0 01 CI~.RTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 Attorney for Defendant, Iron Kettle, Inc. C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendants, Hempt Bros., Inc. and Max C. Hempt and J. Forrest Hempt, t/d~//~ Hempt ~ By: 5tone ', Craig A. 4.squir~ Supreme Cou~ I.D. #1~5907 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: July 10, 2001 JUL 0 5 2001 AUSTIN A. TOWNER and ANNE IN THE COURT OF COMMON PLEAS OF TOVVNER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-2173 v. CIVIL ACTION - LAW IRON KETTLE, INC., HEMPT BROS., JURY TRIAL DEMANDED INC., and MAX C. HEMPT and J. FORREST HEMPT t/d/b/a HEMPT BROS., Defendants PRAEClPE TO THE PROTHONOTARY: Please mark the docket in the above matter as voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. pursuant to the attached Stipulation of Coun~ ~1. M THOMAS, THOMAS & HAFER, LLP Craig A. lira C. Kent Pdce-~ Esquire ' P.O. Box P.O. Box 999 Harrisburg, PA 10-0950 Harrisburg, PA 17108-0999 BLAKEY, YOST, BUPP & SCHAUMANN · ? 17 Market Street York, Pennsylvania 17401 AUSTIN A. TOWNER and ANNE IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA TOWNER, Plaintiffs NO. 01-2173 v. CIVIL ACTION - LAW IRON KETTLE, INC., HEMPT BROS., JURY TRIAL DEMANDED INC., and MAX C. HEMPT and J. FORREST HEMPT t/dlbla HEMPT BROS., Defendants sTipuLATIO~N_N It is hereby stipulated and agreed by and among the parties hereto as follows: 1. The correct identity of the entity performing road work on and along State Road in Lower Allen Township, Cumberland County, Pennsylvania, fronting and abutting the Iron Kettle on and about December 9, 1999 was Hempt Bros., Inc. Hempt, t/dib/a Hempt Bros., had no involvement in 2. Max C. Hempt and J. Forrest J. Forrest Hempt being deceased at the time. the aforesaid work, both Max C. Hempt and 3. Hempt Bros., Inc. will admit the allegations set forth in Paragraphs 4, 9 and 10 of the Plaintiffs' Complaint. 4. The parties agree to a voluntary discontinuance of this action as to Defendants M Hempt a Forrest Hempt, t/dlb/a Hempt Bro~. pursuant to Pa.R.C.P. THOMAS, THOM/kS & HAFER, LLP M' C. Kent Price, Esquire Crai P.O. Box 999 P.O. Box Harrisburg, PA 17108-0999 Harrisburg, 7110-0950 BLAKEY, , BUPP & SCHAuMANN 17 Market Street York, Pennsylvania 17401 ['7:- · · AUSTIN A. TOVVNER and ANNE IN THE COURT OF COMMON PLEAS TOVVNER, OF CUMBERLAND COUNTY, P Iai ntiffs P E N N SYLVAN IA v. NO. 01-2173 IRON KETTLE, INC. and HEMPT CIVIL ACTION- LAW BROS., INC., JURY TRIAL DEMANDED Defendants NOTICE TO: Austin A. Towner and Anne Towner, Plaintiffs cio Craig A. Stone, Esquire Mette, Evans & Woodside P.O. Box 5950 Harrisburg, PA 17110-0950 Iron Kettle, Inc. c/o Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Schaumann 17 Market Street York, Pennsylvania 17401 YOU ARE HEREBY notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days of service hereof or a default judgment may be entered against you. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANT DATED' ~/2~J(:~ I HEMPT BROS., INC. ? AUSTIN A. TOWNER and ANNE IN THE COURT OF COMMON PLEAS TOWNER, OF CUMBERLAND COUNTY, P la i ntiffs PEN N SYLVAN IA v. NO. 01-2173 IRON KETTLE, INC. and HEMPT CIVIL ACTION- LAW BROS., INC., JURY TRIAL DEMANDED Defendants ANSWER WITH NEW MA'i-I'ER AND CROSSC~ -~,IM ON BEHALF OF DEFENDANT HFMPT BROS., INC 1. Denied. After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations. 2. Denied. After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations. 3. Admitted. 4. Admitted. 5. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no. answer is required. 6. Denied. After reasonable investigation, the answering Defendant is without information or knowledge sufficient to form a belief as to the truth of the allegations. 7. Admitted. 8. Admitted. 9. Admitted. 10. The allegations are conclusions of law and/or fact to which no answer is required. 11. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. 12. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. 13. Admitted in part, denied in part. It is specifically denied that Defendants Max C. Hempt and J. Forrest Hempt, t/d/b/a Hempt Bros. were performing road work at the entrance way of the parking lot at any time relevant hereto. The remaining allegation is admitted. 14. Admitted upon information and belief. 15. Denied. After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 16. The allegations are conclusions of law and/or fact to which no answer is required. 17. Denied. After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 18. Admitted. 19. Denied. After reasonable investigation, the answering Defendants are without information or knowledge sufficient to form a belief as to the truth of the allegations. 20. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 21. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 22. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 23. The allegations are directed to a party other than the answering Defendants and, therefore, no answer is required. 24. The allegations are conclusions of law and/or fact to which no answer is required. 25. The allegations are conclusions of law and/or fact to which no answer is required. 26. The allegations are conclusions of law and/or fact to which no answer is required. 27. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Formst Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required.. 28. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. 29. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. 30. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 31. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 32. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 33. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 102g(e). 34. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 35. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 36. Denied. It is specifically denied that the answering Defendant was negligent or that it caused or contributed to causing any injuries to Plaintiff Austin A. Towner as a result of any negligent act or omission. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). COUNT/ Austin A. Towner v. Iron Kettle Inc. 37. The answers set forth above in Paragraphs 1 through 36 are incorporated herein by reference. 38.-39. The allegations contained in Paragraphs 38 and 39 of the Complaint are directed to a party other than the answering Defendant and, therefore, no answer is required. WHEREFORE, Defendant Hempt Bros., Inc. demands judgment in its favor and against Plaintiff Austin A. Towner. COUNT I! Austin' A. Towner v. Hempt Bros., 'inc. 40. The answers set forth above in Paragraphs 1 through 39 are incorporated herein by reference. 41. Denied. It is specifically denied that Defendant Hempt Bros., Inc. was negligent, careless and/or reckless. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). 42. Denied. It is specifically denied that Defendant Hempt Bros., Inc. was negligent, careless and/or reckless. By way of further answer, the allegations are denied in accordance with Pa.R.C.P. 1029(e). WHEREFORE, Defendant Hempt Bros., Inc. demands judgment in its favor and against Plaintiff Austin A. Towner. COUNT III Austin A. Towner v. Max C. Hempt and J. Forrest Hempt t/d/b/a Hempt Bros. 43. The answers set forth above in Paragraphs 1 through 42 are incorporated herein by reference. 44. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. 45. This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required. COUNT IV Anne Towner v. Defendants 46. The answers set forth above in Paragraphs 1 through 45 are incorporated herein by reference. 47. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and · t~d/b/~ De~end~nt Hempt Bros. ~nd, therefore, no ~nswer is required ~s to those De~end~nts. 48. Denied. The allegations are conclusions of law and/or fact to which no answer is required. To the extent that an answer may be required, the allegations are denied in accordance with Pa.R.C.P. 1029(e). This action has been voluntarily discontinued as to Defendants Max C. Hempt and J. Forrest Hempt, individually and t/d/b/a Defendant Hempt Bros. and, therefore, no answer is required as to those Defendants. WHEREFORE, Defendant Hempt Bros., Inc. demands judgment in its favor and against Plaintiff Anne Towner. NEW MA'I-I'ER 49. The Plaintiffs' claims may be barred or limited by the negligence of Plaintiff Austin A. Towner. 50. The Plaintiffs' claims may be barred by Plaintiff Austin A. Towner's assumption of the risk. 51. The Plaintiffs' alleged injuries and damages may be due to the acts or omissions of third parties for whom the answering Defendant is not responsible or liable. 52. Some or all of the alleged injuries may be due to" Pm-existing conditions. 53. Plaintiffs may have failed to mitigate their damages. WHEREFORE, Defendant Hempt Bros., Inc. demands judgment in its favor and against Plaintiff Anne Towner. CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) AGAINST DEFENDANT IRON KE'I-I'LE, INC. 54. If the accident described in Plaintiffs' Complaint occurred as alleged therein, then Defendant Iron Kettle, Inc. is solely liable to the Plaintiffs. 55. In the altemative, Defendant Iron Kettle, Inc. is jointly and/or severally liable with the answering Defendant, and/or Defendant Iron Kettle, Inc. is liable over to the answering Defendant for contribution and indemnity, the existence of any liability on the part of the answering Defendant being strictly denied. 56. The answering Defendant asserts this cmssclaim against Defendant Iron Kettle, Inc. in order to preserve its right of contribution or indemnity. WHEREFORE, Defendant Hempt Bros., inc. demands that any judgment entered in favor of the Plaintiffs be entered solely against Defendant Iron Kettle, Inc. In the alternative, Defendant Hempt Bros., Inc. demands that in the event judgment is entered against it, any liability on its part being specifically denied, that said judgment be entered jointly and/or severally against Defendant Iron Kettle, Inc. together with Defendant Hempt Bros., Inc. or that Defendant Iron Kettle, Inc. be held liable over to Defendant Hempt Bros., Inc. for contribution or indemnity. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 ATTORNEYS FOR DEFENDANT HEMPT BROS., INC. :130279.1 _VERIFICATION I verify that the facts set forth in the foregoing Answer with New Matter and Crossclaim are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. ,~49~, relating to unswom falsification to author.ities. DATED: CERTIFICATE OF SERVICE AND NOW, this ~ -t~ :~ day of July, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attomeys for Defendants Hempt Bros., Inc. hereby certify that I have this day served the within Answer with New Matter and Crossclaim by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig A. Stone, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Schaumann 17 Market Street York, Pennsylvania 17401 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE · No. 01-2173 TOWNER, . Plaintiffs, . IRON KETTLE, INC., HEMPT BROS., · 1NC. and MAX C. HEMPT and J. FORREST · HEMPT, t/Wb/a HEMPT BROS., · JURY TRIAL DEMANDED Defendants . DEFENDANT, IRON KETTLE, INC.'S ANSWER TO DEFENDANT, HEMPT BROS_Q&,___~C.'S CROS~SCLAIM PURSUANT TO PA ~ 54. The allegations of this paragraph are denied. 55. The allegations of this paragraph are denied. 56. The allegations of this paragraph are denied. WHEREFORE, Defendant, Iron Kettle, Inc. requests this Court to enter judgment in its favor, as previously prayed for, with costs of suit. Respectfully submitted, BLAKEY, YOST, BUPP & HERSHNER, LLP B Donald B. Hoyt, nsqmre Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, PA 17401 (717) 845-3674 Supreme Ct. I.D. #18061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW AUSTIN A. TOWNER and ANNE : No. 01-2173 TOWNER, : Plaintiffs, · IRON KETTLE, INC., HEMPT BROS., : INC. and MAX C. HEMPT and J. FORREST : HEMPT, t/d/b/a HEMPT BROS., : JURY TRIAL DEMANDED Defendants : CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document on the person and in the manner indicated below: Service by first class mail on: Craig A. Stone, Esquire C. Kent Price, Esquire METTE, EVANS & WOODSIDE THOMAS THOMAS & HAFER 3401 North Front Street 305 North Front Street P.O. Box 5950 Harrisburg, PA 17101 Harrisburg, PA 17110-0950 BLAKEY, YOST, BUPP & HERSHNER, LLP ? ................... '" ' Date' ~ t By B. Hoyt, squire Counsel for Defendant, Iron Kettle, Inc. 17 East Market Street York, Pennsylvania 17401 Supreme Ct. I.D. #18061 (717) 845-3674 AUSTIN A..TOWNER and ANNE · IN THE COURT OF COMMON PLEAS TOWNER, Plaintiffs ' CUMBERLAND COUNTY, PENNA VS. · NO. 01-2173 IRON KETFLE, INC. and HEMPT ' CML ACTION LAW BROS., INC., . ' Defendants ' JURY TRIAL DEMANDED REPLY OF PLAINTIFF TO NEW MATTER OF DEFENDANT HEMPT BROS. IN(;. 49-53. The averments of the corresponding paragraphs of Defendant's New Matter are conclusions of law to which no answer is required. If an answer is deemed required, the same are denied in conformance with Pa.R.C.p. 1029(e). WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed. By: Craig .ire Supreme Cou: 15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-S000 Attorneys for Plaintiffs DATED: August 9, 2001 "' t VE~FI~TION I, Austin A. Towner, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Austin A. Towner DATED: August 9, 2001 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 Attorney for Defendant, Iron Kettle, Inc. C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Defendant, Hempt Bros., Inc. By: Craig A. rare Supreme #15907 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiffs DATED: August 9, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~IA AUSTIN A. TOWNER and ANNE · No. 01-2173 TOWNER, Plaintiffs, ' vs. · CIVIL ACTION - LAW IRON KETTLE, INC., HEMPT BROS., ' INC. and MAX C. HEMPT and J. FORREST ' HEMPT, t/d/b/a HEMPT BROS., · JURY TRIAL DEMANDED Defendants ' NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009-21 Donald B. Hoyt, Esquire, Attorney for the Defendant, IRON KETTLE, INC., intends to serve a subpoena identical to the one 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 no objection is made the subpoena may be served. B LAKEY, YOST, BUPP & RAUSCH, LLP ' By: D-~nald B Hoyt, Esquire Attorney for Defendant, Iron Kettle, Inc. S. Ct. I.D. #18061 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Date' / IN THE COURT OF COMMON PLEAS OF CUMBE~~ COUNTY, PENNS~V~L~ AUSTIN A. TOWNER and ANNE · No. 01-2173 · TOWNER, · Plaintiffs, . · CIVIL ACTION- LAW IRON KETTLE, INC., HEMPT BROS., ' INC. and MAX C. HEMPT and J. FORREST ' ~RY TRIAL DEMANDED · HEMPT, t/d/b/a HEMPT BROS., . Defendants CERTIFICATE OF SERVICE I hereby certify that I have this day caused a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, to be served upon the following person in the manner indicated below: By First Class Mail on: Craig A. Stone, Esquire Metre, Evans & Woodside P. O. Box 5950 Harrisburg, PA 17110-0-950 C. Kent Price, Esquire Thomas, Thomas & Haler, LLP 305 Noah Front Street P. O. Box 999 Harrisburgi PA 17108 BLAKEY, YOST, BUPP & RAUSCH, LLP By: (~~~Do ~ Dated' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~~ AUSTIN A. TOWNER and ANNE · No. 01-2173 TOWNER, · Plaintiffs, . · CIVIL ACTION - LAW VS. IRON KETTLE, INC., HEMPT BROS., ' INC. and MAX C. HEMPT and J. FORREST ' HEMPT, t/d/b/a HEMPT BROS., · JURY TRIAL DEMANDED · Defendants CERTIFICATE PRE~QUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to counsel for the Plaintiff on February 5, 2002; (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate; (3) No objection to the subpoenas has been received; and (4) The subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent to serve the subpoena. Attorney for Defendant, Iron Kettle, Inc. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, ' No. 01-2173 Plaintiffs, . · VS. · CIVIL ACTION- LAW IRON KETTLE, INC., HEMPT BROS., · INC. and MAX C. HEMPT and J. FORREST · HEMPT, t/dPo/a HEMPT BROS., ' JURY TRIAL DEMANDED Defendants . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUIT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to counsel for the Plaintiff on June 28, 2002; (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. Attorney for Defendant, Date: ~ Iron Kettle, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AUSTIN A. TOWNER and ANNE TOWNER, ' No. 01-2173 · Plaintiffs, · VS. · CIVIL ACTION- LAW IRON KETTLE, INC., HEMPT BROS., INC. and MAX C. HEMPT and I. FORREST · HEMPT, t/d/b/a HEMPT BROS., Defendants ' JURY TRIAL DEMANDED · NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009-21 Donald B. Hoyt, Esquire, Attorney for the Defendant, IRON KETTLE, INC., intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file o£ record and serve upon the undersigned an objection to the subpoena. Ii'no objection is made the subpoena may be served. BLAKEY, YOST, BUPP & RAUSCH, LIP By: Attorney for Defendant, Iron Kettle, Inc. S. Ct. I.D. #18061 17 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Date: ~ IN THE COURT OF COMMON PLEAS OF CUMBE~A~ COUNTY, PENNSYLV~IA AUSTIN A. TOWN-ER and ANNE · No. 01-2173 TOWNER, · Plaintiffs, . · CIVIL ACTION - LAW VS. IRON KETTLE, 1NC., HEMPT BROS., ' INC. and MAX C. HEMPT and J. FORREST ' HEM. PT, t/d/b/a HEMPT BROS., · JURY TRIAL DEMANDED · Defendants CERTIFICATE OF SERVICE I hereby certify that I have this day caused a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, to be served upon the following person in the manner indicated below: By First Class Mail on: Craig A. Stone, Esquire MeRe, Evans & Woodside P. O. Box 5950 Harrisburg, PA 17110-0-950 C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisb~g, PA 17108 BLAKEY, YOST, BUPP & RAUSCH, LLP By: Dated: AUSTIN A. TOWNER and · IN THE COURT OF COMMON PLEAS ANNE TOWNER, · CUMBERLAND COUNTY, PA Plaintiffs · v. · CIVIL ACTION - LAW IRON KETTLE, INC., · NO. 01-2173 HEMPT BROS., INC., and MAX C. · HEMPT and J. FORREST HEMPT · t/d/b/a HEMPT BROS., · Defendants · JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. Respectfully submitted, Craig A.~ on~u - I. D. #15907 3401 North FrO~t reet P. O. Box 5950 Harrisburg, PA\I. 10-0950 (7!7) 232-5000 Attorney for Defendant Memorial Hospital DATED- June 2, 2003 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner ~ndicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage prepaid, as follows: Kent Price, Esquire Thomas, Thomas & Haler, LLP P.O. Box 999 Harrisburg, PA 17108-0999 Donald B. Hoyt, Esquire Blakey, Yost, Bupp & Hershner, LLP 17 East Market Street York, PA 17401 ME iiAlX~ WOODSIDE · tone, Esquire DATED: June 2, 2003 (/ :327674 1