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Home My WebLink About11-12301, IN THE COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA DOUGLAS R. HARTZ, JR., I_ 3 CCU Plaintiff CIVIL ACTION NO. C AJ C3 T7 VS. -;)-,X AMERICAN LEGION, POST 1143; cr -vrr",, -C A IND'.YORK RISK SERVICES GROUP, -qc::, ? • INC., Defendants .s.° ::- ? . a 's ' -T COMPLAINT And now, comes Plaintiff, and seeks relief based upon the following averments: 1. Plaintiff is Douglas R. 'Hartz, Jr., residing at 366 Old York Road, New Cumberland, Pa. 17070, and is currently incarcerated at S.C.I. Coal Township, Inmate Identification # JQ-1596, 1 Kelley Dive, Coal Township, Pa. 17866. 2. Defendants are American Legion Post #143, located at 214 Market St. New Cumberland, Pa. 17070; and their insurer, York Risk ser vices Group, Inc., located at 99 Cherry Hill Road, Suite 102, Parsippany, NJ. 07054. CAUSE OF ACTION-NEGLIGENCE/SLIP & FALL 3. On December 19, 2009, Plaintiff was inside the American Legion Post #143. 4. The weather conditions on December 19, 2009, was heavy snow- fall. S.Defendant, American Legion was understaffed due to the hazardous weather conditions. 6. There was water on the floor of American Legion post 1.43, from the melted and half-melted snow. q 7. Defendant, American Legion, failed to clean or mop the hazardous floor, or otherwise , take measures to prevent people from slipping. 8. Defendant, American Legion, failed to post signs warning visitors of the wet and hazardous floor conditions. 9. Plaintiff walked onto the wet floor, unaware of the dangerous conditions of the floor. 10. Plaintiff slipped on the wet floor and fell. 11. Present with plaintiff, was his Stepfather, Steven Snell, of 366 Old York Road, New Cumberland Pa. 17070. 12. Mr. Snell, took Plaintiff to Harrisburg HospitAl's Emergency Room, immediately after Plaintiffs slip & fall. 13. It was determined by hospitol staff, that Plaintiff had sustained a compound fracture in the area of his ankle. 14. The injury required Plaintiff to stay in the hospitol for (2) days, undergoing surgery to repair his ankle.o,,iLh permanent plates & pins. 15. Plaintiff's leg was in a cast for approximately 22 months, followed by the wearing of a "walking cast " for approximately 12 months. 17. Defendant American Legion was aware of the hazardous floor situation, but did nothing to alleviate the problem. 18. Defendant York Risk Services, INC., is the insurer for tho Defendant American Legion. 19. Defendant, York Risk Services INC., have incorrectly concluded that American Legion is not liable for Plaintiff;s injuries. 20. Defendant American Legion, had a duty to keep its premises free from hazardous conditions, or to provide notice to visitors of the existence of any such conditions. 21. Defendant, American Legion breached their duty by allowing. 2 of 2 3 their floor to become dangerous without posting notice or warning. 22. The breach of duty was the proximate cause of Plaintiff's slip & fall on Defendant's wet floor. '23. Plaintiff sustained damages in the form of a compound fracture, pain and suffering, lost wages and loss of future earnings, along with possible future complications. 24. Plaintiff's employment in the roofing industry was interrupted as a result of his injury, and he may never be able to resume such employment in the future, as a result of his injury. WHEREFORE, Plaintiff seeks damages in an amount in excess of $25,000. Respectfully submitted, DOUGLA R. HAR IJQ-1596 SCI.COAL TOWNSHIP 1 KELLEY DRIVE COAL TOWNSHIP, PA 17866-1021 3 of 3 L4 ft VERIFICATION I verify that the averments set forth herein are true and based upon knowledge and belief, under the penalties set forth for unsworn falsification in the Pa. Crimes Code. DATE: 3i ?, CERTIFICATE OF SERVICE I certify that the Defendants were served with a copy of the complaint via certified mail on I ? 011. DATE: /-31 111 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document(s) ( C t ? ; ( COM. ? (?.:, ()-?-- upon the persons and in the manner indicated below. Name: Type of Service: E ?? eci 0(1 ? ?) c... - Address: Om CA-, wad M & e [as. Qe-io Phone: (Counsel for: Name: e Address: ?t4 Phone: (Counsel for: Type of Service: ? - o -L)(, ,v ?, l Phone: Dated: 1 "2)1/ )1 1 1(? i ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: a,Ll A. Si nature f X Agent 21 O Addressee B. Received by ( nted/Va C. Date of Delivery D. Is delivery address diffegPerft 17 0 Yes If YES, enter delivery add w:. No 3. Service Type IIiII(Certified Mail ? Express Mail ? Registered WRetum Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2. Article Number 7008 1830 0002 7118 3984 (Transfer from service PS Form 3811, February 2004 Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature X 102595-02-M-1540 0 Agent B. Received by (Printed Name) C. Date of Delivery D. Is deliverq.sddres's different from item 1? 0 Yes If YES, enter delivery address below: 0 No 4 r ypo { I x?l?/ b?`?. 3. SeceT a Certified Mail ? Express Mail ? Registered * Return Receipt for Merchandise ?r _ v\ 0 Insured Mail 0 C.O.D. f 1 , _] C: 4. Restricted Delivery? (Extra Fee) 13 Yes 2. Article Number 7008 1830 0002 7118 3977 (Transfer from service label) - 3 Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 PWXA?Ck A . t IN THE COURT OF COMMON PLEAS FOR THE COUNTY OFPENNSYLVANIA ?? ? ?1?4Z?Z TSB (Petitioner) Vs. ,Q+v,tRzcU I•El?a*?l? ??s? 143 ?Da??K `2 f r,uc . (Defendant) 0. C CIVIL ACTION APPLICATION TO PROCEED IN FORMA PAUPERIS m .r rri I, J cis Wac?Z ?c' , declare that I am the petitioner in the above entitled proceeding; that, in support of my request to proceed without being required to pre- pay fees, costs or give security therefore, I state because of my poverty, I am unable to pay the costs of said proceeding or give security therefore, and that I believe that I am entitled to relief. The nature of my action, defense or other proceeding or the issues I tend to present on appeal are briefly stated as follows: IN FURTHER SUPPORT OF THIS APPLICATION, I FURTHER AVER AS FOLLOWS: 1. I am incarcerated in the State Correctional Institution at Coal Township, 1 Kelley Drive, Coal Township, Pa. 17866-1021. 2. 1 do not have any income, of any type, other than prison wages. 3. I do not own any stocks or bonds, nor do I receive any payments for any interests, annuities rental properties or other sources. 4. I do not have any checking or saving accounts. 5. I have approximately $--I,! . 60 in my prison account. I declare, under the penalties provided for perjury, that the facts contained herein are true and correct to the best of my knowledge, information and beliefs. Executed on VLJ I (Date) SCI-Coal Township 1 Kelley Drive Respectfully Submitted, Coal Township, PA 17866-1021 IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF , PENNSYLVANIA (Petitioner) VS. : CIVIL ACTION e/ (Defendant) AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION TO PROCEED IN FORMA PAUPERIS 1. I am the petitioner in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associate, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: `10 ??ca? ?G cc ?7 Address: ?,?_ Social Security Number: (b) Employment If you are presently employed, state Employer: AF Elk (A Address: C Salary or wages per month: Type of work: -?? If you are presently unemployed, state Date of last employment: Q At Salary or wages per month: 0& Type of work: I.-All (c) Other income within the past twelve months Business or profession: QA Other self-employment: A Interest: j Dividends: Pension and annuities:. ?} A Social Security benefits: Support payments: Disability payments: K A Disability payments: Unemployment compensation and supplemental benefits: L, Other: U A (f) Debts and obligations Mortgage: Rent: N Loans: Other: (g) Persons dependent upon you for support Wife Name: & A Children, if any: Name: (SIN Age: Age: Other persons: Age: Name: N Relationship: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: 7J j Workman's Compensation:_ Q f , Public assistance: I, 'i A Other: K JA (d) Other contributions to household support (Wife) Name: l-3pt If your wife is employed, state Employer: i A- Salary or wages per month: Q Type of work: Contributions from children: ?j A Contributions from parents: 1,'iA Other contributions: ' A (e) Property owned Cash: Checking account: I I1 OS ,O Saving account: UA Certificates of deposit: L %A Real estate (including home): 0 A Motor vehicle: Make U JA Year , &-?i A Cost b , Amount Owed $ - ' Stock; Bonds: k d A IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF LUN)e) ZL&J D , PENNSYLVANIA vs. U ? C.P. # VERIFICATION A SWEAR/AFFIRM UNDER THE PENALTIES PROVIDED FOR UNDER 18 Pa. C.S.A. 4904 THAT THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. DATE: i I , 3 RESPECTFULLY SUBMITTED, O/. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division - Law DOUGLAS R. HARTZ, Jr. Plaintiff Ys. COLLEEN FRIEDMEN, Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK SERVICES GROUP, Inc. Defendant[s] CS rl --Ox _ --I M m c` - c rn - :Z) - `0 f c..ri f" N ,.:? C7 c: r- Docket No. 11-1230-CV Jury Trial Demanded 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 days [20] after the complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court you 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 the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES AT A REDUCED FEE, OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division - Law DOUGLAS R. HARTZ, Jr. Plaintiff Docket No. 11-1230-CV VS. COLLEEN FRIEDMEN, Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK SERVICES GROUP, Inc. Defendant[s] Jury Trial Demanded COMPLAINT AND NOW, comes Plaintiff, Douglas R. Hartz, Jr., and in support hereof, avers the following: PLAINTIFF 1. Plaintiff, Douglas R. Hartz, Jr., [hereinafter Plaintiff], Inmate Number JQ-1596, is presently incarcerated at SCI-Coal Township, 1 Kelley Drive, Coal Township, Pennsylvania 17866-1021, and prior to his incarceration, resided at 366 Old York Road, New Cumberland, Pennsylvania 17070. DVVVVDAWM 2. Defendant, Colleen Friedmen, [hereinafter Manager] is sued both personally, and in her capacity as manager of the American Legion Post No. 143, a private club operating under the Laws of Pennsylvania Liquor Control Board, pertaining to a private club, with its principle place of business located at 214 Market Street, New Cumberland, Pennsylvania 17070. DEFENDANT 3. Defendant, Members of the Board of Directors, [hereinafter Directors], are sued both personally, and in their capacity as the Governing Officers of the American Legion Post No. 143, a private club operating under the Laws of Pennsylvania Liquor Control Board, pertaining to a private club, with its principle place of operation located at 214 Market Street, New Cumberland, Pennsylvania 17070. DEFENDANT 4. Defendant, American Legion Post No. 143, is a private club authorized to operate under the Laws of Pennsylvania, and under the control of Pennsylvania Liquor Control Board, with the principle place of operation located at 214 Market Street, New Cumberland, Pennsylvania 17070. DEFENDANT 5. Defendant, York Risk Services Group, Inc. [hereinafter assesor] authorized to settle the claims on behalf of Defendant, American Legion Post No. 143, with its principle place of operation located at 99 Cherry Hill Road, Suite 102, Parsippany, New Jersey 07054. COUNT I 6. Plaintiff incorporates paragraphs 1 through 5 as if stated in there entirety. 7. Plaintiff, on December 19, 2009, while in the presence of his stepfather, Steven Snell, address 366 Old York Road, New Cumberland, Pennsylvania 17070, where a patrons at the American Legion Post No. 143, and due to extreme weather conditions of heavy snowfall, said American Legion Post Number 143 was understaffed and unable to provide the mandatory safety precautions pertaining to the safety of the patrons and related staff. 8. Due to the negligent acts and lack of experience, including conducting business on a day that the Defendant, American Legion Post 143 should have been closed, Defendant,.manager, Colleen Friedman, disregarded the safety of the patrons by continuing to serve alcohol beverages, knowing that the road conditions required a person driving, must be totally alert and able to act upon a dangerous situation. 9. Defendant, Colleen Friedman, was careless and negligent in her responsibilities as manager of the American Legion Post 143, by not taking the mandatory requirements to post wet floor signs, or take the necessary precautions to prevent a hazardous condition within the common walkway used by patrons within the establishment, therefore due to this neglect, and lack of concern, the Plaintiff, Douglas R. Hartz, Jr., fell and was required to seek medical treatment for the injuries sustained upon his fall. 10. Plaintiff, upon seeking medical treatment was advised that he sustained a broken ankle that required emergency surgery. 11. Due to the emergency surgery for the fall at the Defendant, American Legion Post 143, the Plaintiff required surgery installing steel pins and plates for the injury sustained at the American Legion Post 143. 12. Due to the injury, Plaintiff required treatment including a hospital stay of several days, and after treatment for several months. WHEREFORE, Plaintiff demands judgment for the negligent and unprofessionalism by the Defendant, Manager, Colleen Friedman. VnTTUrP TT 13. Plaintiff incorporates paragraphs 1 through 12 as if stated in its entirety. 14. Defendant[s], members of the Board of Directors of the Defendant American Legion Post 143, acted negligently in faiing to establish set guidelines for conducting business on a day that the weather conditions are hazardous which require patrons to drive safely, including taking the necessary steps to ensure the that the manager, also Defendant, Colleen Friedman, provided safe conditions within the American Legion Post 143. 15. Defendant, Board of Directors had a responsibility as governing officers of the Defendant, American Legion Post 143, maintained safe conditions within and on the exterior of the Legion, and due to the negligence and total carelessness, or providing a safe common walkway, Plaintiff, Douglas R. Hartz, Jr., sustained injuries that required emergency medical treatment involving surgery and extended hospital stay for the injuries that occurred for the negligent action of the Board of Directors of the American Legion Post 143. 16. Defendant, Members of the Board of Directors, had a responsibility to ensure that guidelines where established for securing the safety of the patrons on days that the weather conditions warrant prevention and failed to do so. WHEREFORE, Plaintiff, Douglas R. Hartz, Jr., demands judgment against the Defendant[s], Members of the Board of Directors of Defendant, American Legion Post 143. nnTTUM rrr 17. Plaintiff incorporates paragraphs 1 through 16 as if stated in its entirety. 18. Plaintiff, through the negligence and lack of concern for the patrons of the Defendants, Colleen Friedman, manager and members of the Board of directors of the American Legion Post 143, will not be able to conduct employment in the profession that the Plaintiff maintained for numerous years, therefore, requiring training in another field within the construction industry that the Plaintiff has been employed in for years. 19. Plaintiff, due to the injuries sustained due to the negligence of the Defendant[s], will require additional surgery and medical treatment, including rehabilitive treatment for the injury sustained while being a patron within the control of the defendant[s]. 20. Plaintiff has suffered tremendous pain and suffering for the negligence and complete carelessness of the defendant[s], past and said pain continues on a daily basis. 21. Plaintiff will suffer with tremendous losses of not only employment, but the cost of retraining for a new skill in his profession. 22. Defendant, York Risk Services Group, Incorporated, acting as the insurance adjuster for named defendant[s] refuses to accept the losses incurred by the Plaintiff, or the future loss of employment, not to mention, the mandatory rehabilitation for the Plaintiff's injuries. WHEREFORE, due to the negligence and carelessness of the named defendant[s], and refusal of Defendant, York Risk Services Inc. to provide for the losses of the Plaintiff, Plaintiff demands judgment in excess of Twenty Five Thousand Dollars. Respectfully Submitted: Douglas R. artz, Jr. VERIFICATION I, Douglas R. Hartz, Jr., Plaintiff in the foreging complaint, hereby sware and depose that all statements and information contained within are true and correct to the best of my knowledge, belief and information received. I am aware of giving unsworn falsification to authorities is punishable under 18 Pa. C.S.A. § 4904. a ?1 Date: Douglas R Hartz, Jr. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILEC-GPFICC' Sheriff CIF THE ? iOTPCN ?gt<<t1h pt ?attu0rr/???6 riY Jody S Smith ZuguL -7? 02" 3 Chief Deputy; Richard W Stewart CUMBERLAND CeUN 4 Y Solicitor OFF!, E F F P E N N S Y LVr I A Douglas R. Hartz, Jr. Case Number vs. 2011-1230-CV Colleen Friedman SHERIFF'S RETURN OF SERVICE 07/01/2011 07:27 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2011 at 1927 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Colleen Friedman, by making known unto Morganna nhae r, Finance Manager for The American Legion at 214 Market Street, New Cumberland, Cumbe C y, Pennsylvania 17070 its contents and at the same time handing to her personally the said t d o ect copy of the same. f WN HARRISON, DEPUTY July 05, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ci rourr,.?Sulte Sren.`f. Te eo=ott. In::. FILED-OFFICE T Hra rRDTIQiOTA 2011 JUL 13 AM 11: 140 CUMBERLAND COUNTY PENNSYLVANIA MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendants DOUGLAS R. HARTZ, JR. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. Docket No. 11-1230-CV COLLEEN FREEDMAN (erroneously captioned as Colleen Friedmen), Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both Personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: 05/743091.vl Please enter the appearance of the undersigned on behalf of Defendants, Colleen Freedman; Members of the Board of Directors for American Legion Post No. 143; American Legion Post No. 143; and York Risk Group, Inc.. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: '?? 12, fall J. PA Attornef Ilb 452918 4200 Crums MM Road, Suite B Harrisburg, PA 17112 (717) 651-3505 FAX-(717) 651-9630 Attorneys for Defendants 05/743091.v1 CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this , 2 day of July, 2011, I served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid, as follows: Douglas R. Hartz, Jr. Inmate No. JQ-1596 SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 ?' ; Kathy A. To ey 05/743093.vi • MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendants i it. r) JI!, 19 CDMBERLAND CD{,Plfi`Y PEN)ys YZ yq P4 {.U DOUGLAS R. HARTZ, JR. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. Docket No. 11-1230-CV COLLEEN FREEDMAN (erroneously captioned as Colleen Friedmen), Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 1. 43, both Personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK GROUP, Inc.; Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Douglas R. Hartz, Jr., Plaintiff Douglas R. Hartz, Jr. Inmate No. JQ-1596 SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 05/745309.v1 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. MARSHALL, DENNEHEY, WARNER, COLEI?.AN & GOG IN DATE: Timothy J. McMahon PA Attorney ID #52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 FAX-(717) 651-9630 timcmahonAmdwc .com Attorneys for Defendant Freedman 05/745309.v1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Timothy J. McMahon, Esquire PA Attorney ID# 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3505 Email: tjmcmahon@mdwcg.com Attorney for Defendants DOUGLAS R. HARTZ, JR. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA V. Docket No. 11-1230-CV COLLEEN FREEDMAN (erroneously captioned as Colleen Friedmen), Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both Personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK GROUP, Inc.; Defendants JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT FREEDMAN (INCORRECTLY CAPTIONED AS FRIEDMEN) TO PLAINTIFF'S COMPLAINT Plaintiff filed a Complaint in this action on June 21, 2011, a true and correct copy of which is attached hereto as Exhibit "A." 05/743288.v1 2. Plaintiffs Complaint was served upon Defendant Colleen Freedman on July 1, 2011, and, accordingly, these Preliminary Objections are timely. 3. Plaintiffs Complaint alleges that Plaintiff sustained personal injuries as a result of a slip-and-fall incident, alleged to have occurred on December 19, 2009, at the American Legion Post 143 in. New Cumberland, PA. 4. In his Complaint, Plaintiff alleges that Defendant Freedman has been sued "both personally, and in her capacity as manager of the American Legion Post No. 143, a private club operating under the Laws of Pennsylvania Liquor Control Board, pertaining to a private club, with its principle place of business located at 214 Market Street, New Cumberland, Pennsylvania 17070." (See Exhibit "A" at Paragraph No. 2.) In his Complaint, Plaintiff alleges that on December 19, 2009, the American Legion Post No. 143 was "understaffed and unable to provide the mandatory safety precautions pertaining to the safety of the patrons and related staff." (See Exhibit "A" at Paragraph No. 7.) 6. In his Complaint, Plaintiff alleges generally that: Due to the negligent acts and lack of experience, including conducting business on a day that the Defendant, American Legion Post 143 should have been closed, Defendant, manager, Colleen Freedman [sic], disregarded the safety of the patrons by continuing to serve alcoholic beverages, knowing that the road conditions required a person driving, must be totally alert and able to act upon a dangerous situation. See Exhibit "A" at Paragraph No. 8. 7. In his Complaint, Plaintiff further alleges that Defendant Freedman: [W]as careless and negligent in her responsibilities as a manager of the American Legion Post 143, by not taking the mandatory requirements to post wet floor signs, or take the necessary precautions to prevent a hazardous condition within the common walkway used by patrons within the establishment, therefore, due to this neglect, and lack of concern, the 05/743288.v1 Plaintiff, Douglas R. Hartz, Jr., fell and was required to seek medical treatment for the injuries sustained upon his fall. See Exhibit "A" at Paragraph No. 9. 8. Pa.R.C.P. 1028(a)(2) permits the submission of preliminary objections where a Complaint includes impertinent matter. 9. The allegations set forth in Plaintiffs Complaint at Paragraph 8 constitute impertinent matter within the context of the material allegations set forth in Plaintiffs Complaint. 10. Accordingly, Defendant Colleen Freedman respectfully requests this Honorable Court grant her Preliminary Objections submitted pursuant to Pa.R.C.P. 1028(a)(2), and issue an Order striking, with prejudice, Paragraph 8 of Plaintiffs Complaint filed June 21, 2011. WHEREFORE, Defendant, Colleen Freedman, respectfully requests this Honorable Court grant her Preliminary Objections filed pursuant to Pa.R.C.P. 1028(a)(2), and issue an Order directing that Paragraph 8 of Plaintiffs Complaint filed June 21, 2011, is hereby stricken, with prejudice. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & OGGIN DATE: I FS' Zit! Timo J. c on PA Attorney I 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 FAX-(717) 651-9630 Attorneys for Defendants 05/743288.v1 2 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division - Law DOUGLAS R. HARTZ, Jr. Plaintiff VS. COLLEEN FRIEDMEN, Personally, and in her capacity as Manager of AMERICAN LEGION POST' No. 1.43; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both personally, and in their capacity as GOVERNING OFFICERS;. AMERICAN LEGION POST' No. 143 operating as a Private Club YORK RISK SERVICES: GROUP, Inc. Defendant[a] n C o `v 3 - --r ? T w m c Fn =mil 'Ur cn? N ?J ` -c z7 -n Docket No. 11-1230-CV Jury Trial Demanded 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 days [.20] after the complaint and notice are served, by entering a. written appearance personally or by attorney, and filing in writing with the court you 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 the 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, GO TO OR TELEPHONE THE OFFICE 'SET FORTH .BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES AT A REDUCED FEE, OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division - Lail DOUGLAS R. HARTZ, Jr. Plaintiff Docket No. 11-1230-CV Vs. COLLEEN: FRIEDNEN, Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION. POST No.. 143, both personally, and. in their capacity as GOVERNING OFFICERS;: AMERICAN LEGION POST No. 1.43 operating As a Private C14b:;. YORK RISK SERVICES GROUP,. Inc. D.e.fendantf.s] Jury Trial Demanded. COMPLAINT AND NOW, comes: Plaintiff,, Douglas R. Hartz, Jr., and in support hereoff avers the following: PLAINTIFF 1. P'laintiff', Douglas R Hartz, Jr., [hereinafter Plai.ntiff], Inmate Number JQ-159:6, is presently incarcerated at SCI-Coal Township, 1 Kelley Drive, Coal Township, Pennsylvania 17866-1021, and prior to his incarceration, re:sid.ed at 366. Old York Road., New Cumberland, Pennsylvania 17070. DEFENDANT 2. Defendant, Colleen Friedmen, [hereinafter Manager] is sued both personally, and in her capacity as. manager of the American Legion Post No. 143, a private club operating under the Laws of Pennsylvania Liquor Control Board, pertaining to a private club, with its principle place of business located at 214 Market Street, New Cumberland, Pennsylvania 17070. DEFENDANT 3. Defendant, Members of the Board of Directors, [hereinafter Directors], are sued both personally, and in their capacity as the Governing Officers of the American Legion. Post No. 143, a private club operating under the Laws of Pennsylvania Liquor Control Board, pertaining to a private chub, with its principle place of operation located at 214 Market Street, New Cumberland, Pennsylvania 17070. DEFENDANT 4. Defendant, American Legion Post No. 143, is a private club authorized to operate. under the Laws of Pennsylvania, and under the control of Pennsylvania Liquor Control Boa.:rd. with the principle place of operation located at 214, Market Street, New Cumberland, Pennsylvania 17070.. DEFENDANT 5. Defendant, York Risk Services Group, Inc. [hereinafter asseso.r] authorized to settle the claims on behalf of Defendant, American Legion Post. No. 143, with its :principle place of operation. located at 99 Cherry Hill. Road, Suite 102, Parsippany, New Jersey 07054. COUNT 1 6. Plaintiff incorporates paragraphs 1 through 5 as if stated in there entirety. 7. Plaintiff, on December 19, 2009, while in the presence o:f his stepfather, Steven Snell, address 366 Old York Road, New Cumberland, Pennsylvania 17070, where a patrons at the American Legion Post No. 143, and due to extreme weather conditions of heavy snowfall, said American Legion Post Number 143 was understaffed and unable to provide the mandatory safety precautions pertaining to the safety of the patrons and related staff'. 8. Due to the negligent acts and lack' of experience, including conducting business on a day that the Defendant, American Legion Post 143 should have been closed, Defendant,. manager, Colleen Friedman, disregarded the safety of the patrons by continuing to serve alcohol beverages, knowing that the road conditions required a person driving, must be totally alert and able to act upon a dangerous situation. 9, Defendant, Colleen Friedman, was careless and negligent in her responsibilities as manager of the A.m.e:ri:can Legion Post 143, by not taking the mandatory requirements to post wet floor signs, or take the necessary precautions to prevent a hazardous condition within the common walkway used by .patrons within the establishment, therefore due to this neglect, and lack of concern,. the Plaintiff, Douglas R. Hartz, Jr., fell and. was required to seek medical treatment for the injuries sustained upon his fall. 10. Plaintiff, upon seeking medical treatment was advised that he sustained a broken ankle that required emergency surgery. 11. Due to the emergency surgery for the fall at the Defendant, American Legion Post 143, the Plaintiff required surgery installing steel pins and p a:tes for the injury sustained at the American Legion Post 143. 12 Due to the injury, Plaintiff required treatment including a hospital stay of several days, and after treatment for several months. WHEREFORE, Plaintiff demands judgment for the negligent and unprofessionalism by the Defendant, Manager, Colleen Friedman. COUNT II 1.3. Plaintiff incorporates paragraphs 1 through 12 as if stated in its entirety. 14. Defendant[s), members of the Board of Directors of the Defendant American Legion Post :143, acted. negligently in faiing to establish set guidelines for conducting 'business on a day that the weather conditions are hazardous which require patrons to drive safely, including taking the necessary steps to ensure the that the manager, also Defendant, Colleen Friedman, provided safe conditions within the American Legion Post 143. 15.; Defendant, Board of Directors had a responsibility as governing officers of the Defendant, American Legion Post 143, maintained safe conditions within and on the exterior of the Legion,. and due to the negligence and total ca:releasness,. or providing a safe common walkway, Pl.ai.nti:ff, .Dou&.1as R. Hartz, Jr. sustained injuries that required emergency medical treatment involving surgery and extended hospital stay for the injuries 'that occurred for the negligent: action Of the Board of Directors of the American Legion Post 143. 16. Defendant, Members of the Board of Directors, had a responsibility to ensure that guidelines where established for securing the safety of the patrons on days that the weather conditions warrant preveintion and failed to do so. WHEREFORE, Plaintiff, Douglas R. Hartz, Jr., demands judgment against the Defendant[s], Members of the Board of Directors of Defendant, American Legion Post 143. COUNT III 17. Plaintiff incorporates paragraphs 1 through 16 as if stated in its entirety. 18. Plaintiff, through the negligence and hack of concern for the patrons of the Defendants, Colleen Friedman, manager and members of the Board of directors: of the American Legion Post 143, will not be able to conduct em:ployme.nt in the profession that the Plaintiff maintained for numerous years, therefore, requiring training in another field within the construction industry that the Plaintiff has been employed in for years. 19. Plaintiff, due to the injuries sustained due to the negligence of the Defendant[s], will require additional surgery and medical treatment, inc,ludin.g rehab:il.itive treatment for the injury sustained while being a patron within, the control of the defe:ndant[s]. 2:0. Plaintiff has suffered tremend:ou[s pain and suffering for the negligence and. com:p:le'te carelessness of the defendant[s), past and said pain continues on a daily basis. 21. Plaintiff will suffer with tremendous losses of not only employment, but the cost of retraining for a new skill in his profession 22. Defendant,, York Risk Services Group, Incorporated, acting as the insurance adjus:ter for named defendant[s]; re-fuses to accept the losses incurred by the Plaintiff, or the future loss of employment, not to mention, the mandatory rehabilitation for the Plaintiff's injuries. WHEREFORE, due to the negligence and carelessness of the named defendant[s], and refusal of Defendant, York Risk Services Inc. to provide for the losses of the Plaintiff, Plaintiff demands judgment in excess of Twenty Five Thousand Dollars. Respectfully Submitted: Douglas R. artz, Jr. VERIFICATION I, Douglas R. Hartz, Jr., Plaintiff in the foreging complaint, hereby swa,re and depose that all statements and information contained within are true and correct to the best of my knowledge, belief and information received. I am aware of giving unsworn falsification to authorities is punishable under 18 Pa. C.S.A. § 4904. Date: . I[ n"9 ( Douglas R Hartz, Jr CERTIFICATE OF SERVICE I, Kathy A. Toney, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this f 0 day of July, 2011, I served a copy of the foregoing Preliminary Objections to Plaintiffs Complaint via First Class United States mail, postage prepaid, as follows: Douglas R. Hartz, Jr. Inmate No. JQ-1596 SCI-Coal Township 1 Kelley Drive Coal Township, PA 17866-1021 Kat4A. ey 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division - Law DOUGLAS R. HARTZ, JR. Plaintiff VS. COLLEEN FRIEDMAN, Personally, and in her capacity as Manger of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both Personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK SERVICES GROUP, INC. Respondents NOTICE TO PLEAD TO: COLLEEN FRIEDMAN, Defendant You are hereby notified to file a written response to the enclosed Plaintiff's New Matter to Plaintiff's Amended Complaint within twenty [20] days from service hereof or a judgment may be entered against you. Date: July 26, 2011 Docket No. 11-1230-CV (-> ,, C) c CO .jtm C= ? ? ? r- -o m 3: am N ? ? c - ? ? ` C-) CD -n > .. tTt JURY TRIAL DEMANDED Douglas R. Hartz, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW DOUGLAS R. HARTZ, JR. Plaintiff Docket No. 11-1230-CV VS. COLLEEN FRIEDMAN, Personally, and in her capacity as Manager of AMERICAN LEGION POST No. 143; MEMBERS OF THE BOARD OF DIRECTORS for AMERICAN LEGION POST No. 143, both Personally, and in their capacity as GOVERNING OFFICERS; AMERICAN LEGION POST No. 143 operating as a Private Club; YORK RISK SERVICES GROUP, INC. Defendants JURY TRIAL DEMANDED PLAINTIFF"S ANSWER AND COUNTERCLAIM TO DEFENDANT FRIEDMAN"S PRELIMINARY OBJECTIONS 1. Accepted as stated. 2. Accepted as stated. 3. No response required. 4. No response required. 5. No response required. 6. No response required. 7. No response required. 8. Denied in its entirety, whereas, said Defendant, Friedman, is responsible in her capacity as Manager of the American Legion Pots No. 143, to assure that the operation and safety of the American Legion Post No. 143, conforms to all Pennsylvania Liquor Laws, and as in her capacity as the Manager of said Post, Defendant Friedman is responsible to use common sense and understand the safety requirements needed in a establishment open to members, and in her capacity as Manager of said Post, Defendant Friedman was completely careless in her judgment and experience, therefore her negligent and careless actions caused personal injury to a customer of American Legion Lost No. 143. 9. Denied in its entirety, as previously stated in the previous answer to number 8. 10. Denied in its entirety, since Defendant Friedman is related to the cause of the injury, due to the careless and negligent judgment on the night of the injury to the Plaintiff. WHEREFORE, Plaintiff, Douglas R. Hartz, Jr., respectfully requests that this Honorable Court deny the Preliminary Objections filed by the Defendant Friedman. NEW MATTER !!. Plaintiff incorporates paragraphs 1 through 10 as if stated in there entirety. 12. Defendant Friedman through her negligence and careless forethought, both in her capacity as Manger of American Legion Post No. 143, and personally, the necessary requirements for the safe operation of a establishment open to members of the Post, therefore, due to this negligence and incapacity to act as a Manager, with the understanding that her inability and negligence not only caused injury to the Plaintiff, but her lack of responsibility as Manager of said Post, subjected each and every customer within the Post that day to risk of either death or serious injury, by furnishing alcohol beverages on a day when a person must be alert and capable to respond to a instant occasion where the road conditions or walking, require a person to be alert and able to respond instantly. 13. Defendant Friedman, did not use foresight or common sense to prevent accident's, therefore, her negligence and inability to operate a establishment open to members caused injury to the Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant Friedman. Respectfully submitted: Douglas R' Hart , Jr. i CERTIFICATE OF SERVICE I Douglas R. Hartz, Jr. hereby certify that a true and correct copy of the aforegoing Plaintiff's Answer and Counterclaim has been sent to the below mentioned on this 26th day of July 2011, by United States first class mail, postage prepaid. Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin, P.C. Attorneys At Law 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 - "1 4. G k - - Douglas R. Hartz, Jr. Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin P.C. Attorneys At Law 4200 Crums Mill Road, Suite B Harrisburg, Pennsylvania 17112 Date: July 26, 2011 In Re: Hartz vs. Friedman, et al. Cumberland County Civil Docket No. 11-1230-CV, MDWCG File No. 15120. Dear Attorney McMahon: Please find enclosed Plaintiff's Objection and Counterclaim, plus New Matter in the above mentioned action. For your information I have filed the required documentation for service of the Complaint on the remaining Defendants. If you will be representing the remaining Defendant's, kindly advise of same. I await your kindest consideration in the matters before you and your client. I Remain: U ? Douglas A. Hartz, . Inmate Number JQ-1596 Unit G 1 Kelley Drive Coal Township, PA 17866-1021 Enclosures CC: Prothonotary File