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HomeMy WebLinkAbout11-147714 GARY M. GUSOFF, ESQUIRE Identification No. 22196 Suite 1250 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 717-1212 (telephone) FILEO'OF{CE ^F T9E PPOT110kN0 f.=;'I' 21U 11 FEB -8 PM l: ^. 00M B E R Lf,f11) 0? U ?- 6 Attorney for Plaintiffs SUSAN LANIS & MICHAEL LANIS, H/W 2409 Willow Court Cinnaminson, NJ 08077 VS. ALLENBERRY, INC. D/B/A ALLENBERRY RD #1 Boiling Springs, PA 17007 And ALLENBERRY PLAYERS, INC. RD #1 Boiling Springs, PA 17007 And THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. 1559 Boiling Springs Road Boiling Springs, PA 17007 COURT OF COMMON PLEAS CUMERLAND COUNTY, PA CIVIL TRIAL DIVISION NO. q77 6417-erp" JURY TRIAL BY TWELVE (12) JURORS IS DEMANDED BY PLAINTIFFS NOTICE TO PLEAD TO COMPLAINT IN CIVIL ACTION PREMISES LIABILITY - io ??gq?aPda?j I , NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 GARY M. GUSOFF, ESQUIRE Identification No. 22196 Suite 1250 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 717-1212 (telephone) Attorney for Plaintiffs SUSAN LANIS & MICHAEL LANIS, H/W 2409 Willow Court Cinnaminson, NJ 08077 VS. ALLENBERRY, INC. D/B/A ALLENBERRY RD #1 Boiling Springs, PA 17007 And ALLENBERRY PLAYERS, INC. RD #1 Boiling Springs, PA 17007 And THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. 1559 Boiling Springs Road Boiling Springs, PA 17007 COURT OF COMMON PLEAS CUMERLAND COUNTY, PA CIVIL TRIAL DIVISION NO. JURY TRIAL BY TWELVE (12) JURORS IS DEMANDED BY PLAINTIFFS COMPLAINT IN CIVIL ACTION PREMISES LIABILITY 1. Plaintiffs, Susan Lanis and Michael Lanis, are individuals and husband and wife residing at 2409 Willow Court, Cinnaminson, Burlington County, New Jersey. 2. Defendant, Allenberry, Inc., is a Corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, and doing business as "Allenberry", with an office and principal place of business located at RD # 1, Boiling Springs, Cumberland County, Pennsylvania. 3. Defendant, Allenberry Players Inc., is a Corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, with an office and principal place of business located at RD # 1, Boiling Springs, Cumberland County, Pennsylvania. 4. Defendant, The Allenberry Professional Theatre Conservatory„ Inc., is a Corporation organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, with an office and principal place of business located at 1559 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania. 5. On or about March 14, 2009, and for a long time prior thereto, the defendants owned, operated, controlled, maintained and/or possessed the real estate premises known as the "Allenberry" located at RD # 1, Boiling Springs, Pennsylvania which consisted of a large parcel of ground on which an entertainment complex and lodging were situate. 6. On or about March 14, 2009, and for a long time prior thereto, there existed a dangerous, hazardous and defective condition on a walkway leading from the entertainment complex to the building containing the lodging accommodations, which dangerous and defective condition 2 consisted of a large hole and/or missing asphalt on said walkway as well as insufficient lighting in the walkway area. 7. At all times referred to herein, the defendants were responsible for maintaining the aforesaid premises, including the aforesaid walkway, in a safe condition for individuals such as the wife plaintiff herein. 8. On or about March 14, 2009 the defendants were under a duty to maintain the aforesaid area in a condition safe for business invitees and/or licensees lawfully on the aforesaid premises, including but not limited to the aforesaid walkway area. 9. On or about March 14, 2009 wife plaintiff, Susan Lanis, was a business invitee/ licensee and was lawfully on the aforesaid premises when she was caused to trip and fall because of the dangerous, defective and hazardous condition of the walkway as aforesaid, causing the injuries and damages as more particularly set forth hereinafter. 10. The aforesaid accident, incident and occurrence and the injuries sustained by wife plaintiff were caused solely and exclusively by reason of the negligence of the defendants, jointly and severally, which negligence consisted of the following: 3 (a) failure to properly maintain the walkway area leading from the entertainment complex to the entrance of the lodging accommodations ; (b) failure to properly maintain the aforesaid walkway; (c) allowing and permitting the aforesaid dangerous condition to exist on the walkway when defendants knew or should have known that the same posed a danger to business invitees and/or licensees, such as the wife plaintiff herein; (d) failure to place barriers or other warning devices in proximity to the aforesaid dangerous condition on the aforesaid walkway to warn business invitees and/or licensees, such as wife plaintiff herein, of such danger; (e) failure to install and/or maintain proper lighting in the aforesaid walkway area; (fl failure to make the necessary repairs to the aforesaid walkway to assure the safety of its business invitees and/or licensees; (g) failure to make the necessary repairs to the aforesaid walkway when defendants knew or should have known that business invitees and /or licensees, such as wife plaintiff, used said walkway as a means of getting from the entertainment complex to the lodging accommodations; 4 (h) failure to periodically inspect the area where wife plaintiff fell; (i) failure to make the walkway safe for business invitees and/or licensees, such as wife plaintiff herein; 6) failure to clear the aforesaid walkway of debris so as to prevent its patrons, business invites and licensees from tripping. (k) failure to maintain the aforesaid premises in a condition which would render the aforesaid area to be safe for business invitees and/or licensees, such as wife plaintiff, who was lawfully on the premises; (1) failure to otherwise warn individuals, such as the wife plaintiff herein, of the dangerous condition; (m) failure to exercise due care under the circumstances; COUNT I SUSAN LANIS V. ALLENBERRY, INC. D/B/A ALLENBERRY & ALLENBERRY PLAYERS, INC. & THE ALLENBERRY PROFESIOAL THEATRE CONSERVATORY INC. 11. The averments of Paragraphs 1 through 10, inclusive of this Complaint, are incorporated herein by reference as though the same were set forth herein at length. 12. As a result of the negligence of the defendant and the accident, incident and occurrence as aforementioned, wife plaintiff was injured about her head, arms, legs, body and vital organs. More particularly, she sustained anterior-inferior dislocation of humeral head with 5 associated comminuted fracture on the left; left greater turberosity fracture, together with shock to her nerves and nervous system. 13. As a further result of the negligence of the defendants, jointly and severally, and the accident, incident and occurrence, wife plaintiff has experienced in the past and will experience in the future great pain and suffering due to the severe injuries as aforesaid, for which she claims damages. 14. All of the aforesaid injuries are serious and permanent in nature and have required wife plaintiff in the past and will require wife plaintiff in the future to expend large sums of money for medical care, treatment and hospitalization in order to cure herself of her injuries, for which she claims reimbursement and damages. 15. As a further result of the accident, incident and occurrence and the carelessness and negligence of the defendants, jointly and severally, wife plaintiff has been prevented from engaging in her usual, customary and daily activities in the past, and she has experienced diminution in the quality of life, for which she claims damages. 16. As a further result of the accident, incident and occurrence and the carelessness and negligence of the defendants, jointly and severally, wife plaintiff was caused to experience embarrassment and 6 humiliation and has been caused to experience a deprivation of life's enjoyment and pleasures, to her detriment and loss, for which she claims damages. 17. As a further result of the accident, incident and occurrence and the carelessness and negligence of the defendants, jointly and severally, wife plaintiff has been deprived of the society and companionship of husband plaintiff, and she has thereby sustained a loss of consortium, for which she claims damages. WHEREFORE, plaintiff, Susan Lanis, demands judgment against defendants, Allenberry, Inc. d/b/a Allenberry and Allenberry Players, Inc. and The Allenberry Professional Theatre Conservatory, Inc., jointly and severally, in an amount in excess of Fifty Thousand ($50,000.00) Dollars. COUNT II MICHAEL LANIS V. ALLENBERRY, INC. D/B/A ALLENBERRY & ALLENBERRY PLAYERS, INC. & THE ALLENBERRY PROFESIOAL THEATRE CONSERVATORY, INC 18. The averments of Paragraphs 1 through 17, inclusive of this Complaint, are incorporated herein by reference as though the same were set forth herein at length. 19. As a further result of the negligence of defendants, jointly and 7 severally, and the accident, incident and occurrence as aforesaid, husband plaintiff has been required in the past and will be required in the future to expend large sums of money for medical care, treatment and hospitalization in order to cure wife plaintiff of her injuries, for which he claims reimbursement and damages. 20.. As a further result of the accident, incident and occurrence and the carelessness and negligence of the defendants, jointly and severally, husband plaintiff has been deprived of the society and companionship of wife plaintiff, and he has thereby sustained a loss of consortium, for which he claims damages. WHEREFORE, plaintiff, Michael Lanis, demands judgment against defendants, Allenberry, Inc. d/b/a Allenberry and Allenberry Players, Inc. and The Allenberry Professional Theatre Conservatory, Inc., jointly and severally, in an amount in excess of Fifty Thousand ($50,000.00) Dollars. GA? M. GUSOFF, ESQUIRE Attorney for Plaintiffs s VERIFICATION SUSAN LANIS & MICHAEL LANIS, verify that they are the plaintiffs herein and that the facts set forth in the foregoing Complaint are true and correct. They further understand that false statements herein are made subject to the penalties set forth in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 7? / f /,-10 1 SUSAN LANIS HAEL LA I S 9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Suan Lanis vs. Allenberry, Inc. (et al.) t,' 1 aiuf,? } F ILEU-O - ICE v - K I I FEB I I P 1: I r,MBERLAND PENNSYLVA IP, Case Number 2011-1477 SHERIFF'S RETURN OF SERVICE 02/09/2011 12:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1235 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Allenberry, Inc., by making known unto Charles Heinee, General Manager for Allenberry Inc. at 1559 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 02/09/2011 12:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1235 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Allenberry Players, Inc., by making known unto Charles Heinee, General Manager for Allenberry Players, Inc. at 1559 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB NT BITNER, DEPUTY 02/09/2011 12:35 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1235 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: The Allenberry Professional Theatre Conservatory, Inc., by making known unto Charles Heinee, General Manager for The Allenberry Professional Theatre Conservatory, Inc. at 1559 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. ROBE T BITNER, DEPUTY SHERIFF COST: $65.40 February 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Thomas E. Brenner, Esquire LL' f NOQ??A' `. GOLDBERG KATZMAN, P.C. P.O. Box 1268 25 Z2 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants ?j Ra ? wat Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN and MICHAEL LANIS, Plaintiff NO. 11-1477 V. ALLENBERRY, INC. d/b/a ALLENBERRY, CIVIL TERM ALLENBERRY PLAYERS, INC. and THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. Defendants ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire, of GOLDBERG KATZMAN, P.C., on behalf of Defendants. Date: February 24, 2011 Respectfully submitted, GOLD AN, P.C. B Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendants 203181.1 CERTIFICATE OF SERVICE I, HEREBY CERTIFY that I served on this date a true and correct copy of the foregoing document by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gary M. Gusoff, Esquire 1617 John F. Kennedy Blvd. One Penn Center, Suite 1250 Philadelphia, P.% 19103 Attorney for Plaintiff B Y• Thomas E. Brenner, Esquire Attorney ID #32085 PO BOX 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendants Date: February, 2011 203181.1 Thomas E. Brenner, Esquire Y tJ` , r1- fit' GOLDBERG KATZMAN, P.C. TA;) Harrisburg, PA 17108-1268 H AR 25 p; 10: 4 9 Telephone: (717) 234-4161 CUMBERLAND Attorneyfor Defendants 17Ff1jf?J?C Vt t, CO,UNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN and MICHAEL LANIS, Plaintiff NO. 11-1477 V. ALLENBERRY, INC. d/b/a ALLENBERRY, CIVIL TERM ALLENBERRY PLAYERS, INC. and THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. Defendants NOTICE TO PLEAD TO: Gary M. Gusoff, Esquire 1617 John F. Kennedy Blvd. One Penn Center, Suite 1250 Philadelphia, PA 19103 Attorney for Plaintiff You are hereby notified to plead to the enclosed Defendants' Answer to Plaintiffs' Complaint with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. B , Thomas E. Brenner, Esquire ID#32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendants Dated: March 24, 2011 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN and MICHAEL LANIS, Plaintiff NO. 11-1477 V. ALLENBERRY, INC. d/b/a ALLENBERRY, CIVIL TERM ALLENBERRY PLAYERS, INC. and THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. Defendants DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NOW, comes the Defendants by and through their attorneys GOLDBERG KATZMAN, P.C., who state: 1-4. Admitted. 5. Denied. The property was controlled and maintained by Defendant Allenberry, Inc. 6. Denied. 7-8. Admitted with clarification. The Answer to Paragraph 5 is incorporated by reference. 9. Denied. It is denied that there was a dangerous defect or hazardous condition existing on the premises. 10. Denied. By way of further response, the Answer to Paragraph 5 is incorporated by reference. It is denied that the alleged injuries were a result of negligence on the part of the 203991.1 2 defendants. The remainder of the Paragraph is denied as a legal conclusion to which no response is necessary. COUNTI Susan Lanis vs. Allenberry, Inc., d/b/a Allenberry & Allenberry Players, Inc & The Allenberry Professional Theatre Conservatory, Inc 11. The Answers to Paragraphs 1-10 are incorporated herein by reference. 12-13. Denied. It is denied that Defendants were negligent or caused injury to the Plaintiff. The remainder of the Paragraphs are denied pursuant to P.R.C.P. 1029(e). By way of further response, the Answer to Paragraph 5 is incorporated by reference. 14. Denied. The Paragraph is denied pursuant to P.R.C.P. 1029(e). 15-17. Denied. It is denied that Defendants were carless or negligent. The remainder of the Paragraphs are denied pursuant to P.R.C.P. 1029(e). By way of further response, the Answer to Paragraph 5 is incorporated by reference. WHEREFORE, Defendants request that Count I of Plaintiffs' Complaint be dismissed with prejudice. COUNT II Michael Lanis vs. Allenberry, Inc., d/b/a Allenberry & Allenberry Players, Inc & The Allenberry Professional Theatre Conservatory, Inc 18. The Answers to Paragraphs 1-17 are incorporated herein by reference. 19. Denied. It is denied that Defendants were negligent. The remainder of the Paragraph is denied pursuant to P.R.C.P. 1029(e). By way of further response, the Answer to Paragraph 5 is incorporated by reference. 20. Denied. It is denied that Defendants were careless or negligent. The remainder of the Paragraph is denied pursuant to P.R.C.P. 1029(e). By way of further response, the Answer to Paragraph 5 is incorporated by reference. 203991.1 2 WHEREFORE, Defendants request that Count II of Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 21. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 22. Plaintiffs injuries arose from her comparative negligence under the circumstances. 23. Plaintiff s injuries arose from her assumption of the risk under the circumstances. 24. Plaintiffs injuries arose from events unrelated to her visit to the Allenberry property. 25. Defendants Allenberry Players, Inc. and Allenberry Professional Theatre Conservatory did not own, maintain or control the area where Plaintiff alleges she fell. WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed with prejudice. Date: March 24, 2011 Respectfully submitted, GOLDBERG KATZMAN, P.C. 1 B omas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendants 203991.1 3 CERTIFICATE OF SERVICE I, HEREBY CERTIFY that I served on this date a true and correct copy of the foregoing document by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Gary M. Gusoff, Esquire 1617 John F. Kennedy Blvd. One Penn Center, Suite 1250 Philadelphia, PA 19103 Attorney for Plaintiff Date: March 24, 2011 By: ra yd4WV'-' Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendants 203991.1 4 VERIFICATION I, ? , an authorized representative of Allenberry, Inc. hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint 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. Section 4904, relating to unsworn falsification to authorities. B Date: l , 2010 203991.1 5 ALLENBERRY, INC. GARY M. GUSOFF, ESQUIRE Identification No. 22196 Suite 1250 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 717-1212 (telephone) SUSAN LANIS & MICHAEL LANIS, H/W VS. ALLENBERRY, INC. D/B/A Attorney for Plaintiffs COURT OF COMMON PLEAS CUMERLAND COUNTY, PA CIVIL TRIAL DIVISION ALLENBERRY c And -+v3 X ALLENBERRY PLAYERS, INC. NO. 11-1477 a? And ..?x> w oco THE ALLENBERRY PROFESSIONAL c© THEATRE CONSERVATORY, INC. z© zC PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER N 21. Denied. The allegation herein calls for a conclusion of law which requires no response under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at time of trial. 22. Denied. The allegation herein calls for a conclusion of law which requires no response under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at time of trial. 23. Denied. The allegation herein calls for a conclusion of law which requires no response under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at time of trial. 24. Denied. The allegation herein calls for a conclusion of law which requires no response under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at time of trial. By way of further answer, plaintiffs aver that plaintiffs injuries and damages were caused solely and exclusively by reason of the negligence of defendants, jointly and severally. 25. Denied. The allegation herein is denied under the Pennsylvania rules of Civil Procedure as plaintiffs are without sufficient information to form a belief as to the truth or falsity of this averment. Plaintiffs further aver that the means of proof are within the exclusive possession of defendants. Strict proof thereof is demanded at time of trial. WHEREFORE, plaintiffs, Susan Lanis and Michael Lanis, demand that judgment be entered against defendants, jointly and severally, and in their favor. l/ A GARY ,M. GUSOFF, ESQUIRE Att nev for Plaintiffs VERIFICATION GARY M. GUSOFF, ESQUIRE, verifies that he represents the plaintiffs herein and that the facts set forth in the foregoing Reply to New Matter are true and correct. He further understands that false statements herein are made subject to the penalties set forth in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: .-S-Z-f ? OFF, ESQUIRE CERTIFICATION OF SERVICE GARY M. GUSOFF, ESQUIRE, certifies that on the 28th day of March 2011 he did place in the U.S. Mails, prepaid first class postage affixed thereto, a true and correct copy of the within Reply to New Matter to counsel for defendants as follows: Thomas E. Brenner, Esquire Goldberg Katzman P.O. Box 1268 Harrisburg, PA 17108 1268 G?cRY M. GUSOFF, ESQUIRE Dated: 3/28/11 t e Thomas E. Brenner, Esquire 1 Attorney I.D. No. 32085 S. Baker Kensinger, Esquire Attorney I.D. No. 208305 t? r j` 19 P 09 Goldberg Katzman, P.C. P.O. Box 1268 rLIMBERLAND COUNTY Harrisburg, PA 17108-1268 FENNS YLVAN 717-234-4161 CA 717-234-6810 FAX Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN and MICHAEL LANIS, Plaintiff NO. 11-1477 V. ALLENBERRY, INC. d/b/a ALLENBERRY, CIVIL TERM ALLENBERRY PLAYERS, INC. and THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. Defendants PRAECIPE TO THE PROTHONOTARY: Please change the address of Defendant Allenberry, Inc., et al.'s attorney, Thomas E. Brenner, Esquire to: Goldberg Katzman, P.C. 4250 Crums Mill Road, Suite 301 PO Box 6991 Harrisburg, PA 17112 GOLDBERG KATZMAN, P.C. C? BY hc?m?tr t M- (:141 Thomas E. Brenner, squire Attorney I.D. No. 32085 4250 Crums Mill Road, Suite 301 P. O. Box 6991 Harrisburg, PA 17112 Attorneys for Defendant Allenberry Inc., et al. Date: f00590007;vl) CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing Notice of Deposition upon the person(s) 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, with first-class postage, prepaid as follows: Gary M. Gusoff, Esquire 1617 John F. Kennedy Boulevard One Penn Center, Suite 1250 Philadelphia, PA 19103 GOLDBERG KATZMAN, P.C. By: r ? Thomas E. Brenn&, Esquire Dated: ?"S I?-- t00590007;vII 70 Susan and Michael Lanis Plaintiff 25 ±, t ?1 .M IN THE COURT OF COM QTR DF i e 4 CUMBERLAND COUNTY, #E' SYLVANIA ors, i.,;, NO. 11-1477 20 Vs. Allenberry, Inc., d/b/a Allenberry, Allenberrv Players Inc.,. and The Allenberry Professional Theatre Conservatory, INc. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Thomas E. Brenner, Esquire , counsel for the plaintiff efenda in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions 1s' (are) at issue. 2. The claim of plaintiff in the action is $ P eAO. ,N? The counterclaim of the defendant in the action is _ O The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Thomas E. Brenner, Esquire Gary M. Gusoft; Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp ctfu bmitted, as Brenner ORDER OF COURT aVA%A?.50 ed 0' # ld(a`13 10 R-7 -11-7 a AND OW, 3 , 201 A , in onsideration of the foregoin ' petition, ?_?[h Esq., and ., and Esq Esq., are appoin ed arbitrators in the abov@ captioned action (or actions) as prayed or. M, SW C_ By the Court, r- w ^ti q? zP C? D c-j P.J. %p Kevin A S a 3 . , C" -rl ic? C?l [N THE COURT OF COMMON PLEAS SUSAN LAMS & MICHAEL LAMS CUMBERLAND COUNTY, PENNSYLVANIA vs No. l l -1477 ALLENBERRY, INC. ET' AL - _ ~; .,__ ~_ - _,.. NOTICE OF APPEAL "~ ` FROM AWARD OF BOARD OF ARBITRATORS ~`"` -. _. TO THE PROTHONOTARY: Notice is given that Plaintiffs, Susan Lanis and Michael Lanis, appeals from the award of the board of arbitrators entered in this case on October 3, 2012 A jury trial is demanded ~. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been paid, or ^2. application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) _, ,' /,:' ~- /~ /~, ~~; ~,/1 ' / pellant or Attorney for Appellant NOTE': The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). No affidavit or verification is required. GARY ICI. GUSOFF` , ESQUTRE Attorney for Plaintiffs/Appellants Suite 1250 One Penn Center 1617 ~JFK Boulevard, suite 1250 Philadlephia, PA 19103 215 717 1212 (telephones 215 71? 1220 (fax) G~ ggusoff@gusofflaw. com ~ ~ ~~~• s~ P `~I~ J ~~ aga~~ ~-~ ~~S~ti ~_-~ ~ ~~~ ~~~w~~s ~ Plaintiff Defendant In the Court of Common Pleas of/Cumbe/rland 7 County, Pennsylvania No. _ ~/ _-_____/ ~l Civil Action -Law. ~ Oath We dosolemnly swear (or aff rm) that we will support, obey and defend the Constitution of the United States and t~e onstituti - this Commonwealth ~ tha e i(1 discharge the duties of our office with fidelity. ~ ~~ / ~ ~/ ~%_ - !~ _ ature Stgnatur Signature ____--- N~ airman) Law Firm -~ ~ `~ ~~~ ~~~ Address Ctty, Zip Award ~~.. ,SN ~ I -f-Z Name Law Firm 2 b w~sf ~~~ ,Sf- Address Cdr ~cS~-C 1-701 City, Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.} J '- ~ S ~ S ~ ~~ ~ Lc , ~, ~ ~~ .Arbitrator, di Bents. (Insert name if applicable.) _.. Date of Hearing: ~~ ~ d- / C/ _ ~/ Date of Award: ~~ /„~ ,.~ (Chairman) Notice of Entry of Award t~ Now, the J~ day of ~~~~~~~ , 20 /~ , at ~-•S I ~' _.M.. the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ -°~/~w - S ~ _. _±~~ ran L~.1_1__~~X~ Prothonotary ~?~6 ~~~~+r? Name Law Firm ~G~ Mt#~T S~T - Address Lf M~~ u f ~}- I ~0 ~~3 - City, Zip ;By: TRUE COPY FROM REr~-!?D Deputy In Testimony whereof, I here untt~ s~; ~~~, 1~<~~r<! and the seal of said Court at Canisi~- '' This ~_day of - ~~ GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire ID#:32085 PO Box 6991 Harrisburg, PA 17112 (717) 234-4161 Fax: (717) 234-6810 Attorney for Defemdants r?t f ONO Ttj 2012 DEC 20 PH 2: 3 7 CUMBFNLA'd0 COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SUSAN LANIS & MICHAEL LANIS H/W VS. ALLENBERRY, INC., D/B/A Docket No.: 11-1477 ALLENBERRY And ALLENBERRY PLAYERS, INC. And THE ALLENBERRY PROFESSIONAL THEATRE CONSERVATORY, INC. PRAECIPE TO DISCONTINUE Please mark this Action Settled and Discontinued. f Dated: ?dry M. Gusoff, Esquire Attorney ID: 22196 Suite 1250 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Attorney for Plaintiffs {00624464;v I I CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) 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, with first-class postage, prepaid as follows: Gary M. Gusoff; Esquire 1617 John F. Kennedy Boulevard One Penn Center, Suite 1250 Philadelphia, PA 19103 GOLDBERG KATZMAN, P.C. By Thomas E. Brenner, Esquire Dated: {00590007;v1}